Philippine Bar review · Question

Practice question: Previous Conduct as Evidence

Multiple Choice Hard

Practice question

A party makes a written offer to deliver a specifically identified instrument. The recipient rejects it for a valid cause. The offeror claims Section 36 always equates any rejected written offer with actual tender. Which assessment follows the rule?
  1. Every rejection necessarily has the stated effect
  2. Only the recipient's wealth matters
  3. A written offer eliminates every possible valid objection
  4. The claimed automatic effect fails because the rule requires rejection without valid cause
  5. An offer and actual payment are identical for every legal purpose

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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