Philippine Bar review · Question

Practice question: Previous Conduct as Evidence

Multiple Choice Medium

Practice question

A genuinely relevant previous transaction is offered to show a party's specific knowledge of a disputed process, rather than merely a tendency to act similarly. Is Section 35 a categorical bar?
  1. Yes, previous conduct is never usable
  2. Yes, knowledge is expressly forbidden
  3. Yes, labels always replace proof
  4. Yes, only criminal convictions may ever be evidence
  5. No, specific knowledge is a listed possible purpose, subject to the required foundation and other admissibility rules

Legal references

  • 2019 Revised Rules on Evidence, Rule 130 Sections 35–36 and Rule 128 Sections 3–4: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

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