Philippine Bar review · Question

Practice question: Tender of Excluded Evidence

Multiple Choice Medium

Practice question

A party properly preserves an excluded instrument through Section40 and later appeals an adverse judgment. May the party assign rejection of that instrument as error?
  1. Yes; that is the review purpose identified in Fortune Tobacco
  2. No; tender waives all appellate review
  3. Only a newspaper may challenge it
  4. Only the opposing party may appeal that ruling
  5. Yes; but reversal is automatic

Legal references

  • AM19-08-15-SC, current Rule132 Sections36–40: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
  • Fortune Tobacco v CIR, GR192024, July1,2015, MAIN opinion PartB on tender for appeal only; old photocopy rule not relied upon: https://lawphil.net/judjuris/juri2015/jul2015/gr_192024_2015.html

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