Philippine Bar review · Question

Practice question: Tender of Excluded Evidence

Multiple Choice Hard

Practice question

A report is tendered after exclusion and is available for review. The appellate court examines it but concludes exclusion was correct. The offeror argues that preservation deprived the appellate court of power to sustain exclusion. Which is correct?
  1. Tender enables review; it does not dictate the reviewing court’s admissibility ruling
  2. Tender conclusively establishes admissibility
  3. Tender forces reversal of every objection
  4. Tender removes all appellate discretion and law
  5. The record must be destroyed if exclusion is upheld

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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