Philippine Bar review · Question

Practice question: Tender of Excluded Evidence

Multiple Choice Medium

Practice question

A court excludes a proposed technical report. The proponent wants the record to show exactly what was rejected. What is the pertinent section 40 step?
  1. Refer vaguely to a report that no one may see.
  2. Seek attachment or inclusion of the excluded report in the record.
  3. Assume that marking means it was admitted.
  4. Privately alter the exclusion order.
  5. Destroy every copy.

Legal references

  • https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 132 section 40: tender of excluded documentary, object and oral evidence; sections 34 and 38: offer and ruling remain distinct.

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