Practice question
If excluded documents were never made part of the record, can an appellate court ordinarily evaluate their actual contents merely from counsel’s claim that they prove the case?
- No; the missing record creates the problem addressed by tender
- Yes; counsel’s assertion replaces every document
- Yes; courts must assume the most favorable contents
- Only the document’s title matters
- Only the appeal fee matters
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
Answer this question in flashcards to review your response and continue practicing.