Practice question
Does tender of excluded evidence itself make that evidence admitted for deciding the merits?
- No; tender and admission are distinct.
- Yes, every tender overrules exclusion automatically.
- Yes, if counsel repeats the exhibit number.
- Yes, a tender proves every factual assertion.
- 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.
Answer this question in flashcards to review your response and continue practicing.