Philippine Bar review · Question

Practice question: Tender of Excluded Evidence

Multiple Choice Hard

Practice question

Counsel objects to exclusion but deliberately keeps the rejected exhibit out of the record. On appeal, counsel asks the court to assume its exact contents and award the full claim. No exceptional basis is established. Under Fortune Tobacco’s tender discussion, which is correct?
  1. The appellate court cannot replace the missing preserved proof with counsel’s assertions
  2. An objection alone reproduces every unseen page
  3. Every asserted exhibit must be presumed authentic and decisive
  4. The appellate court must invent the exhibit
  5. Tender is forbidden whenever counsel objects

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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