Philippine Bar review · Question

Practice question: Tender of Excluded Evidence

Multiple Choice Easy

Practice question

Does tender of excluded evidence itself make that evidence admitted for deciding the merits?
  1. No; tender and admission are distinct.
  2. Yes, every tender overrules exclusion automatically.
  3. Yes, if counsel repeats the exhibit number.
  4. Yes, a tender proves every factual assertion.
  5. No; excluded material can never be preserved.

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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