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Philippine Bar review · Question

Practice question: Previous Conduct as Evidence

Multiple Choice Hard

Practice question

A qualifying rejected written offer has the Section36 effect of actual production and tender. The offeror argues this evidentiary equivalence alone conclusively proves all substantive requirements for discharge of every underlying obligation. Which is correct?
  1. Tender equivalence automatically extinguishes every obligation
  2. The stated equivalence is not a universal adjudication of all substantive discharge issues
  3. The rule decides every ownership dispute
  4. Only the rejected recipient can incur liability
  5. The written offer automatically proves payment in all circumstances

Legal references

  • A.M.19-08-15-SC, current Rule130 Sections25–36,51–53 and Rule128 Sections3–4: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

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