Philippine Bar review · Question

Practice question: Tender of Excluded Evidence

Multiple Choice Easy

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?
  1. No; the missing record creates the problem addressed by tender
  2. Yes; counsel’s assertion replaces every document
  3. Yes; courts must assume the most favorable contents
  4. Only the document’s title matters
  5. 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

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