Philippine Bar review · Question

Practice question: Tender of Excluded Evidence

Multiple Choice Easy

Practice question

What may the offeror do when a document or thing offered as evidence is excluded under section 40?
  1. Destroy it to avoid review.
  2. Have it attached to or made part of the record.
  3. Treat it as automatically admitted.
  4. Privately give it to a witness as payment.
  5. Replace the judge’s ruling by an exhibit label.

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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