Polytechnic University of the Philippines College of Law Evidence S.Y. 2010-2011 Choose the best answer. 1. The law of evidence in the Philippines is principally found in: a. b. c. d.
Special Laws Rules of Court Constitution None of the above
2. When the requisite quantum of evidence of a particular fact has been duly admitted and given weight, the result is: a. b. c. d.
Proof of such fact Fact in issue Evidentiary fact Factum Probandum
3. The rules of evidence are specifically applicable only in: a. b. c. d.
Administrative proceedings Quasi-judicial proceedings Judicial proceedings All of the above
4. This is the presentation in open court the evidentiary articles for the observation or inspection of the tribunal: a. b. c. d.
Automatic proference Autoptic preference Ocular inspection Autoptic proference
5. Choose where the object evidence is exhibited or demonstrated: a. In an ocular inspection b. At a place designated by the court 1
c. Open court d. All of the above 6.
Kind of evidence which is considered under the Rules as the best evidence: a. b. c. d.
Positive evidence Prima fascie evidence Primary evidence Presumptive evidence
7. Choose which of the following is correct: a. Documentary evidence is that which is directly addressed to the senses of the court and consists of tangible things b. Documentary evidence is offered when a document is presented to prove its existence or condition c. Where the purpose is to prove a collateral fact that took place while a document was being prepared, rule on documentary evidence shall apply d. Documentary evidence applies only when the contents of such document is the subject of inquiry 8. Other classification of evidence whereby the witness affirms that a fact did or did not occur and is entitled to greater weight since he represents of his personal knowledge the presence or absence of a fact: a. b. c. d.
Positive Evidence Corroborative Evidence Circumstantial Evidence Direct Evidence
9. A class of evidence in which the proof of a fact or facts from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence: a. b. c. d.
Conclusive Evidence Circumstantial Evidence Cumulative Evidence Competent Evidence
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10. Evidence on collateral matters shall not be allowed except: a. When the party rests his case and the real evidence consists of objects exhibited in court b. When it is formally offered by the proponent immediately before he rest his case c. When it tends in any reasonable degree to establish the probability of the fact in issue d. When the objection to its admissibility shall be considered waived 11. Evidence, to be admissible should be relevant and competent. Under this premise, can evidence which has great evidentiary weight or probative value be not admitted in evidence? a. No, because the Rules on Evidence expressly provide that evidence which is relevant and competent is admissible. b. Yes, if the court exercise its discretion and decided not to admit the evidence. c. Yes, if the evidence is excluded by any law or rule. d. Yes, if the counsel offering the evidence did not object to its inadmission. e. No, because to be relevant and competent, evidence must have great evidentiary weight. 12. Collateral evidence is generally not admissible in evidence. Is there an instance where it could be admitted? a. Collateral evidence is not admissible at all times because it is not related to the fact in issue. b. If the court, in the exercise of its discretion, allows its admission. c. If the opposing party waives his right to object to the presentation of collateral evidence. d. If it tends to prove the probability or otherwise of a certain fact. e. If the law or rules allow its admission. 13. Vic De Leon, a member of the popular hunk group HBG, was arrested by agents of the Asuncion Police Station on the basis of a rape complaint filed against him by the mother of one of his girlfriends. He was brutally tortured and because of severe pain, he admitted that he raped his girlfriend. During trial, his lawyer failed to object to the presentation of his confession as evidence. Will the court now allow his confession to be admitted?
3
a. Yes, because he waived his right to object in the presentation of his confession. b. No, because the Constitution expressly prohibits the admission of illegally acquired evidence to prove the guilt of the accused. c. No, because the confession was illegally obtained. d. No, because he was arrested without warrant and therefore his arrest is illegal. e. No, because by express provision of the Anti-Torture Law, anything that the accused has admitted during his ordeal is illegal and cannot be admissible in evidence. 14. Electronic messages and documents are admissible in evidence. Is fax transmittal admissible as electronic evidence? Yes, because it passes through an electronic transmission. b. Yes, because fax machines are electronic equipment such that anything that passes through it are considered electronic document. c. No, because it is just like a photocopy of the original document. d. No, because an electronic document should be paperless. e. No, because an electronic document must be a functional equivalent of an original document. a.
15.
I. Where the evidence is relevant and competent for several purposes, it could be admitted for any or all the purposes for which it is offered.
II. Even if the evidence lacks the requirements of law for its admissibility, it could be admitted as long as it is relevant to the fact in issue. III. Evidence of great evidentiary weight is deemed relevant and competent. a. b. false. c. false. d. false. e.
All statements are true. The first statement is true while the second and third statements are The second statement is true while the first and third statements are The third statement is true while the first and second statements are All statements are false.
16. It is an evidence of facts not directly related to the disputed case. a. b.
Collateral evidence Inference 4
c. d. e. 17.
Legal evidence Circumstantial evidence Discretionary evidence
It is a relationship of logical conclusion and legal doctrines. a. b. c. d. e.
Evidence Admissibility and inadmissibility Relevancy and competency Probability and improbability Existence of inexistence of facts
18. The Supreme Court is vested with the power to promulgate rules and procedures regarding the conduct of legal proceedings in all courts in the Philippines. As such, it can disallow the admission of evidence even if the law provides otherwise. Is this assumption legally sound? a. Yes, because of the doctrine of separation of powers. b. No, because that is undue delegation of legislative powers. c. Yes, because the Rules of Court is not required to be in consonance with the law. d. No, because the Rules should be in accordance with what the law provides. e. Possible, because there are times that the Supreme Court makes its own interpretation of the law. 19. Evidence though not entirely related to the fact in issue but if sufficient could determine the guilt or innocence of the accused. a. b. c. d. e.
Documentary evidence Circumstantial evidence Testimonial evidence Object Evidence Best evidence
20. Benedict Bird was accused of bribing a police officer during a raid in a karaoke bar in which he is a regular customer. During trial, the police officer offered to the court as evidence Bird’s text message offering the said officer PhP 500.00 in exchange for the dropping of the case against him. The court admitted the text message as evidence. Was the court correct in admitting said text message as evidence?
5
a. No, because it is not considered as an electronic evidence. b. No, because text message could be replaced and manipulated. c. Yes, because text messages could be stored in the mobile phone. d. Yes, because it can be proven by the testimony of the person who is a party to the case or has personal knowledge of the same. e. Yes, because the authenticity of the text message could be verified in network’s service provider. 21. Documents are object evidence: a. If the documents constitute the very basis for the criminal or civil action b. To prove their existence or condition or the nature of the handwriting thereon c. When the contents of such documents are the subject of inquiry d. Documents are addressed to the senses of the court and relevant to a fact in issue e. When the court acquires knowledge thereof by actually viewing the documents 22. Best evidence rule is relevant to the following a. Where the transactions have been in writing and the contents of such writing is the subject of inquiry. b. Affidavits and depositions intended as evidence to establish the issue in controversy c. When a document is in two or more copies executed at or about the same time, with identical contents. d. None of the above e. All of the above 23. Statement 1: The best evidence rule, applied to documentary evidence, operates as a rule of inclusion, that is, secondary evidence can be inceptively be introduced as the original writing itself must be produced in court. Statement 2: In the case of real evidence, secondary evidence of the fact in issue may not be introduced without having to account for the non-production of such primary evidence. Statement 3: Each newspaper sold in the stand is not original in itself. a. b. c. d.
All statements are true All statements are false Only statement number 1 is true Only statement number 2 is true 6
e. Only statement number 3 is true
24. No evidence shall be admissible other than the original document itself except in the following cases: a. When the original has been lost or destroyed or cannot be produced in court without bad faith on the part of the offeree. b. When the original is in the custody or under the control of the party against whom the evidence is offered and the latter fails to produce it without reasonable notice c. When the original consists of numerous account or other documents that can be examined in court without great loss of time and the fact sought to establish from them is only the general result of the whole. d. All of the above e. None of the above 25. Which of the following is a sound legal principle: a. The original of a document is one that is recorded in a public office b. In criminal cases when the issue is whether such document actually existed with the participation therein as imputed to the accused, the original must be presented c. When the ocular inspection had been held it precludes a party from introducing other evidence in the same issue d. Objects as evidence are those addressed to the senses of the public e. None of the above 26. It has been described as a misnomer because it has often been misunderstood and given a meaning it does not deserve and it is not intended to mean the “most superior” evidence a. b. c. d. e.
Best evidence rule Documentary evidence Parol evidence rule Object evidence None of the above
27. May a private document be offered and admitted in evidence both as documentary evidence and as object evidence? 7
a. A private document may be offered and admitted in evidence both as documentary evidence and as object evidence depending on the purpose for which the document is offered b. If private document is offered to prove its existence for any purpose other than the contents of a document, the same is considered as object evidence c. When private document is offered as proof of its contents, the same is considered as documentary evidence d. The document may be offered for both purposes under the principle of multiple admissibility e. All of the above 28. The following are the requisites for the admissibility of documentary evidence, except a. b. c. d.
The document must comply with the best evidence rule The document must be relevant. The document must be authenticated by a competent witness The document must be personally offered in evidence
29. During the trial of Mr. X for the Violation of the Dangerous Drugs Act, the prosecution offers in evidence a photocopy of the marked bills used in the “buy-bust” operation. Mr. X’s counsel objects to the introduction of the photocopy on the ground that the Best Evidence Rule prohibits the introduction of secondary evidence in lieu of the original. a. The photocopy of the bills being a documentary evidence, is not admissible and violates the best evidence rule b. The photocopy of the bills being an object evidence is admissible in evidence without violation of the best evidence rule c. The photocopy is admissible since the original is in the custody of the party against whom the evidence is offered d. What is involved in the inquiry of the photocopy bills is only collaterally in issue hence the best evidence rule does not apply e. None of the above 30. Statement No. 1: The underlying purpose of the best evidence rule is the prevention of fraud or mistakes in the proof of the contents. Statement No. 2: The best evidence rule may not be waived if raised in the trial Statement No. 3: When carbon sheets are inserted between two or more sheets of paper with the writing and the signature on the first sheet being reproduced in the sheets beneath by the same stroke of the paper, only the first sheet if the original 8
a. b. c. d. e.
All statements are true All statements are false Only statement No. 1 is true Only statement No. 2 is true Only statement No. 3 is true
31. Statement I: The Best Evidence Rule applies only to documentary evidence. Statement II: As a general rule, secondary evidence to prove the existence or condition of a document shall not be admitted in consonance to the best evidence rule. Statement III: A newspaper article maybe a real and a documentary evidence at the same time. a.
All statements are false
b.
Only statement I is false
c.
Only statement II is false
d.
Only statement III is false
e.
All statements are true
32. Which of the following need not be proved by satisfactory evidence in order that Secondary Evidence may be admissible when the original document is unavailable? a.
The Due Execution of the original document
b. The loss, destruction and unavailability of all the original documents c. The presence of at least one witness in the execution of the original document d. Diligence and good faith in the search for or attempt to produce the original e.
All of the above
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33. When the original document is unavailable, secondary evidence may be admissible in evidence. i. By a copy of the original document ii. By the recital of the contents of the original document in some authentic document iii. By the recollection of witnesses
a. Any of the above evidences maybe availed of according to the discretion of the party presenting such b. Any of the above evidences maybe availed of according to the sound discretion of the judge c. Such evidences maybe presented in the aforesaid order stated above d.
None of the above
e.
All of the above
34. A party who calls for the production of a document and inspects the same is a.
Obliged to produce all pieces of evidence pertaining to it.
b.
Not obliged to offer the same as evidence.
c.
Compelled to testify as to its due execution.
d.
The adverse party.
e.
Presumed to use the same as his evidence.
35. Which of the following statement is false? a. Parol evidence of the fact of the due execution of the document is allowed.
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b. Parol evidence rule is based upon the consideration that when the parties have reduced their agreement into writing, all their previous agreements on the matter are merged therein. c.
Parol evidence maybe oral or written.
d. Parol evidence is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. e.
None of the above.
36. In case that the original document is in adverse party’s custody or control, secondary evidence maybe presented a. After reasonable notice to the adverse party and the latter failed to produced the same. b. With leave of court upon request of the party seeking to present the evidence. c.
Upon issuance of a show cause order.
d.
Without leave of court.
e. Only if the adverse party failed to make a timely objection to such presentation. 37. STATEMENT I: A party who calls for the production of a document and inspects the same is obliged to offer it as evidence. STATEMENT II: Intentional destruction of the original document by the party, even in good faith precludes his introduction of secondary evidence. STATEMENT III: When the original document is outside the jurisdiction of the court, as when it is in a foreign country, secondary evidence is not admissible. a.
All statement are true
b.
All statement are false
c.
Only Statement I and II are true
d.
Statement II is true
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e.
Only statement III is false
38. Which of the following evidence does not fall as an exception to the best evidence rule? a. When the original has been lost or destroyed without the bad faith on the offeror. b. When the original cannot be produced in court without bad faith on the offeror. c.
When the original is under the control of the adverse party.
d. When the original is a public record in the custody of a public officer. e.
None of the above
39. The parol evidence rule is based upon the consideration that when the parties have reduced their agreement on a particular matter into writing, all their agreements on the matter are merged therein. However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleadings matters relating to: a. An intrinsic ambiguity, mistake or imperfection in the written agreement. b. The failure of the written agreement to express the true intent and agreement of the parties thereto. c.
The validity of the written agreement.
d. The existence of other terms agreed to by the parties of their successors in interest after the execution of the written agreement. e.
All of the above.
40. Which of the following statement is/are true?
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a. Voluminous records to be considered as an exception to the best evidence rule must established that the factum probandum is only the general result of the whole and not the written content of the records. b. In order that secondary evidence maybe presented in case of voluminous records, the voluminous character of the record must be established and such records must be made accessible to the adverse party for cross examination. c. In case that secondary evidence of voluminous records is challenged for being hearsay, the originals must be produced by the party presenting it. d.
None of the above
e.
All of the above
41. Among various evidentiary rules, it has a direct application to contracts which the parties have decided to set forth in writing. a. b. c. d.
Parol evidence rule Electronic evidence rule Best evidence rule DNA evidence rule
42. Which of the following is of sound principle? a. Parol evidence rule cannot be invoked when the controversyis between the parties to the written agreement b. Parol evidence rule applies only to documents that are contractual in nature c. Parol evidence rule presupposes that the original document is not available in court d. Parol evidence prohibits the varying of the terms of a written agreement 43. X files an action for damages against B and C arising from a contract however C is a complete stranger to the contract. Can X introduce parol evidence? a. b. c. d.
Yes, because the claim is arising from a valid contract No, because C is not a party to the contract Yes, when there is no objection thereto No, because extrinsic evidence cannot be availed of
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44. C and D are party to a contract, on their contract it happens that there are mistakes and imperfection, worst their intent was not expressed. If ever there are irregularities occurred and D will not comply to his obligation will the court admit a parol evidence? a. b.
No, because of imperfections Yes, if the facts of mistakes and imperfections will be alleged in the complaint
c. d.
No, notwithstanding alleging such fact of imperfection Yes, even if there is no objection 45. Mistakes under the exception to introduce parol evidence refer to: a. b. c. d.
Mistakes of fact that is not mutual to the parties Mistakes of fact that is mutual to the parties Fair dealing of another party Inaccurate statement in the agreement
46. Parol evidence may be admissible to the court when there is latent or intrinsic ambiguity in the writing. Latent ambiguity means: a. Where writing admits of two constructions both of which are not in harmony with the language used b. When the writing on its face appears clear and ambiguous but there are collateral matters or circumstances which make the meaning certain c. Where the writing is clear d. On its face appears clears and unambiguous which make the meaning uncertain 47. In a last will and Testament B is bequeathed a particular thing however there are several heirs named B. This case is an example of: a. b. c. d.
Latent ambiguity Imperfection Mistake Notarial will 48. Parol evidence is not admissible even if the same is put in issue if it is patent or extrinsic in a contract because: a. b. c.
The court would be creating instead of construing a contract There is no contract at all The court has no jurisdiction 14
d.
It is a waste of time and money
49. Introducing parol evidence means: a. Offering extrinsic or extraneous evidence that would modify, explain or add to the terms of the written agreement b. Evidence alliunde cannot be introduced c. Offering best evidence attainable d. None of the above 50. A and B both member of Mangyan tribe entered into a contract of Lease of a particular lot. The language used was their dialect where some of the terms have a contradicting expression as to their very intent of the contract. How will you construe the contract? a. b. c. d.
Interpret according to the legal meaning it bears in the place of its execution Interpret according to the legal language Construe in accordance with the formalities of contract None of the above 51. Are deaf mutes competent as witness? a. Yes, when they can understand and appreciate the sanctity of oath b. Yes, when they can comprehend the facts they are going to testify c. Yes, when they can communicate their ideas through a qualified interpreter d. No, they are not qualified to be a witness e. A, B, and C are true 52. Which of the following should not be taken into consideration in determining the competency of a child witness? a. b. c. d. e.
His age Observation skill Ability to recollect Communications skill His physical capacity 53. What is not included in the phrase “unsound mind”? a. b.
Mental aberration Induced by drugs 15
c. Induced by hypnosis d. None of the above e.All of the above
54. The interest of the witness in the outcome of the case did not qualify him to testify, except: a. b. c. d.
Dead Man Statute Survivorship Disqualification Rule Only A A and B
55. I: Disqualification of a witness is determined at the time said witness are produced for examination I court. II: Qualifications of a witness are determined at the time said witness is making his deposition. a. b. c. d.
I is true II is true Both are true Both are false
56. I: Marital disqualification rule applies only when the marriage is valid as of the time testimony is offered. II: Marital disqualification is also called Spousal immunity. a. b. c. d. e.
I is true II is false I and II are false I and II are true II is true
57. I: When an offense directly attacks or directly and vitally impairs the conjugal relation, the marital disqualification rule applies.
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II: Marital disqualification rule applies in criminal prosecution for a crime committed by one against another. a. b. c. d. e.
Only I is false Only I is true Only II is true Only II is false Both are false 58. Which of the following is true?
a. b. c. d. e.
Dead man statute is not a partial disqualification Survivorship disqualification rule is an absolute disqualification Survivorship disqualification applies only in civil cases Dead man statute applies to all cases None of the above is true. 59. What is necessary for a dead man statute to apply?
a. b. c. d. e.
The witness offered is a party plaintiff The witness offered is the assignor of the plaintiff The person whose behalf a case is prosecuted is the witness None of the above All of the above 60. Dead man statute applies when the decedent
a. b. c. d. e.
Died before the case is instituted Died after the case is instituted Died while the case is pending Already dead at the time the testimony is sought to be given All of the above 61. Which of the following states a sound legal principle? a. The Dead Man Statute applies in land registration cases instituted by decedent’s representative b. For the Dead Man Statute to apply, it is necessary that the witness offered for examination is a party defendant c. Dead Man Statute constitute only as a partial disqualification d. Survivorship Disqualification Rule and Marital Disqualification Rule are both complete and absolute disqualification e. None of the above 17
62. Which of the following statements is false? a. Survivorship Disqualification Rule does not apply where a counterclaim has been interposed by the dependant as the plaintiff would thereby be testifying in his defense b. Negative testimony that a fact did not occur during the lifetime of the deceased is covered by the prohibition c. Dead Man Statute is waived if the defendant does not timely object to the admission of such evidence d. None of the above e. All of the above 63. For the disqualification by reason of the marital privilege to apply, it is necessary that: a. b. c. d. e.
There was a valid marital relation The privileged is invoked with respect to any communication between spouses during said marriage One of the spouse is a party to the action The marriage is existing at the time the testimony is offered None of the above 64. The communication covered by the disqualification based on attorney-client privilege includes:
a. b. c. d. e.
Communications having to do with client’s contemplated criminal act Preliminary communications Communications regarding a crime already committed A and B A and C 65. Statement 1: Testimony on the present possession by the witness of a written instrument signed by the deceased is also covered by the Dead Man Statute Statement 2: Dead Man Statute provides for the matters prohibited from being testified to and includes any matter of fact which bears upon a transaction or communication between the witness and the decedent even though within the presence or participation of the latter. a. b.
Statement 1 is true Statement 2 is true 18
c. d. e.
Statement 1 is false Statement 1 and 2 are false Statement 1 and 2 are true 66. It constitute only a partial disqualification as the witness is not completely disqualified but is only prohibited from testifying on the matters therein specified
a. b. c. d. e.
Marital disqualification rule Disqualification by reason of marital privilege Survivorship Qualification rule Dead Man Statute Parental and Filial Privilege 67. The disqualification due to privilege communications between ministers or priest and penitents requires that:
a. b. c. d. e.
The same were made for lawful purpose The same is intended to be made in public The same be confidential and penitential in character All of the above None of the above 68. The publisher of any newspaper of general circulation cannot be compelled to reveal the source of any news report or information unless:
a. b. c. d. e.
Required by law Ordered by the court Demanded by the State A and B All of the above 69. Where no public interest would be prejudiced, this rule does not apply
a. b. c. d. e.
Disqualification based on attorney-client privilege Disqualification arising from physician-patient privilege Disqualification based on privilege communication to public officers Disqualification due to privilege communications between priest and penitents None of the above 70. Waiving the marital disqualification, disclosure of confidential communication can still be prevented by: 19
a. b. c. d. e.
Dead Man Statute Attorney-Client Privilege Disqualification by reason of marriage Disqualification by reason of marital privilege None of the above 71. It is a voluntary acknowledgment made by a party of the existence of the truth of certain facts which are inconsistent with his claims in an action:
a.
Confession
b.
Declaration
c.
Admission
d.
Acknowledgment of facts
72. To be admissible, an admission must:
a.
Involve matters of fact and not of law
b.
Be categorical and definite
c. Be knowingly and voluntarily made and be adverse to the admitter’s interest d.
All of the above
73. Circumstances when such may be received in evidence against the offeror:
a.
An unaccepted offer of a plea of guilty to a lesser offense.
b. Offer to pay the payment of medical, hospital or other expenses occasioned by an injury
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c. Attempt of the parents of the accused (of rape) to settle the case with the complainant (victim). d.
All of the above
74. Admission by a conspirator is admissible against his co-conspirator if
a.
Such conspiracy is shown by evidence aliunde
b.
The admission was made during the existence of the conspiracy
c.
The admission relates to the conspiracy itself
d.
All of the above
75. Act or declaration made by co-partner or agent to be admissible as evidence:
a. The partnership/agency is established by evidence other than the declaration; b.
the act or declaration is within the scope of the partnership/agency;
Such declaration must have been made during the existence of the partnership or agency. c.
d.
All of the above
76. In order that the extrajudicial statements of a co accused may be taken into consideration in judging the testimony of a witness it is necessary that the: a.
Statements are made by several accused
b.
The statements are in all material respects identical 21
c.
No collusion among said co-accused in making such statements.
d.
All of the above
77. The extrajudicial admissions made by a conspirator may be used against his co accused when:
a. Where the extrajudicial admissions was made after the conspiracy had terminated b. The existence of the conspiracy may be inferred from the acts of the accused or from the confessions of the accused c.
Where there is an independent evidence of the alleged conspiracy
d.
All of the above
78. Admission is judicial when:
a.
Made in connection with a judicial proceeding
b.
Made as a self-serving declaration
c.
Knowingly and voluntarily made
d.
During the investigation
79. Admissions are extrajudicial when:
a.
Made in any other admissions out of the judicial proceedings 22
b.
Made during trial
c.
Made during cross-examination
d.
All of the above
80. Admissions may be:
a.
Verbal
b.
Written
c.
Express or tacit
d.
All of the above
81. Which of the following is a requisite for the admission by privies to be admissible?
a. A relation of privity between the party and declarant need not be established. b. There must be a relation of privity between the party and the declarant. c. The admission was made by the declarant, as predecessor-ininterest even without holding the title of the property. The admission need not be made by the declarant, as predecessorin-interest while holding the title of the property. d.
e.
The admission may not be in relation of said property.
82. Which of the following statements is correct?
a. To be admissible against a party as an admission by silence, the party must have heard or observed the act or declaration of the other person. 23
b. To be admissible against a party as an admission by privies, the party must have heard or observed the act or declaration of the other person. c. To be admissible against a party as an admission by silence, the party must not have had the opportunity to deny it. d. To be admissible against a party as an admission by silence, the fact admitted was the inference to be drawn from the party’s silence is relevant to the issue. e.
None of the above.
83. Does the rule on admission by silence apply if the statements adverse to the party were made in the course of an official investigation?
a.
Yes.
b.
No.
c.
It depends.
d.
None of the above.
e.
All of the above.
84. Where a party had a justifiable reason to remain silent, as where he was acting in advice of counsel, can it be considered as admission by silence?
a.
Yes.
b.
No.
c.
It depends.
d.
None of the above.
e.
All of the above. 24
85. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given evidence against him is called:
a.
Declaration against interest
b.
Admission by privies
c.
Admission
d.
Confession
e.
Death Man’s Statute
86. A confession is a categorical acknowledgment of guilt made by an accused in a criminal case, without any exculpatory statement or explanation. If the accused admits having committed the act in question but alleges a justification therefor, it is tantamount to confession?
a.
Yes, because admission is also a confession.
b.
No, it is merely an admission but not a confession.
c.
No, because confession must be in writing.
d.
Yes, because confession is also an admission.
e.
None of the above.
87. A confession may be:
a.
Oral
b.
In writing
c.
Under oath 25
d.
Need not be under oath
e.
a, b and d
88. Which of the following is a sound legal principle?
a. The confession must involve an express and categorical acknowledgment of guilt. b.
The confession may be implied acknowledgment of guilt.
c.
The confession must be given compulsory.
d. The facts admitted must be constitutive of a criminal and civil offense. e.
None of the above.
89. Which of the following circumstances is NOT indicium of the voluntariness of a confession?
a. The confession contains details which the police could not have supplied or invented. b. The confession contains details which could have been known only to the accused. c. It was made in the presence of impartial witnesses with the accused acting normally on that occasion. d. The accused questioned the voluntariness of the confession only for the first time at the trial of the case. e. The accused, even if sufficiently educated, was unaware of the consequence of his act.
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90. Where the verbal extrajudicial confession was made without counsel, but it was spontaneously made by the accused after the assault, the same is admissible under:
a.
Confession rule.
b.
Part of the res gestae.
c.
Admission rule.
d.
Dead man’s statute.
e.
None of the above.
91. Where the extrajudicial confession of the accused while under custodial investigation was merely prefaced by the investigator with a statement of his constitutional rights, to which he answered that he was going to tell the truth, the same is inadmissible: a. If not in writing and the accused not given enough time to read the accusation filed against him b. If threat, intimidation, force, etc. are present during such custodial investigation c. The constitutional right (Miranda rights) was not be given by the arresting officers immediately upon his arrest d. As the answer of the accused does not constitute a waiver of his right to counsel and he was not assisted by one when he signed the confession. 92. A promise of immunity or leniency vitiates a confession, if given by: a. b. c. d.
An investigator A corporation The offended party A news reporter
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93. A confession illegally obtained from two of the accused are not admissible against: a. b. c. d.
Both accused A third accused Both a & b None of the above
94. Which of the following forms of coercion does not render the extrajudicial confession inadmissible? Physical Financial Mental Emotional 95. Where the accused voluntarily made a second extrajudicial confession after he had been maltreated in order to extort the first confession, such second confession is admissible: a. If the Prosecutor promised immunity from prosecution b. If such second confession was already made outside custody of the authorities c. Only if it can be proved that he was already relieved of the fear generated by the previous maltreatment d. Only if it can be clearly proved that he was really maltreated before 96. If the extrajudicial confession was obtained by maltreatment, the judgment based solely thereon: a. Is null and void, and the accused may obtain his release on a writ of habeas corpus b. Is null and void, and the accused may be released automatically from custody c. Is still admitted, but with lesser weight, nevertheless admitted by the court d. Is inadmissible 97. An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is equivalent to the actual production and tender of the money, instrument, or property. a.
If not acted upon within 30-days 28
b. c. d.
If rejected without valid cause Both a & b None of the above
98. Which of the following is not an exception to the rule on similar acts as evidence provided under Section 34 of Rule 130 of the Rules of Court, otherwise known as the rule on res inter alios acta? a. b. c. d.
Specific intent or knowledge Degree of the offense committed Identity Established customs, usages, and the like
99. Hearsay evidence is excluded because: a. The statement obtained by the witness was not transcribed or made into writing then sworn into by him b. The party against whom it is presented is deprived to present evidence thereto c. The party against whom it is presented is deprived to cross-examine the persons to whom the statements or writings are attributed d. The statement lacks proper verification by both parties 100. Which of the following is not an exception to the hearsay evidence rule? a. The declaration of a dying person, made under the consciousness of an impending death b. Testimony or Deposition of a person not cross-examined at a former proceeding c. Act or declaration about pedigree d. The reputation or tradition existing in a family previous to the controversy 101. After a dying declaration is proved and admitted, its credibility and weight is determined by: a. b. c. d. e.
the courts the evidences presented and admitted the Supreme Court the pleadings the witnesses
29
102. Sonia found her husband Tony lying on their bed in a pool of blood. Tony said that their house gardener came to the bedroom and stabbed him many times. He told Sonia to avenge his death should he die. Tony survived. The statements Tony had made are: a. Privileged communication between husband and wife b. A dying declaration c. Independently relevant statements d. Confessions e. Hearsay evidence 103. Declaration against interests may be received in evidence against: a. The declarant only b. The declarant and his successors in interest c. The person who is subject of the declaration d. The declarant and his relatives by affinity or consanguinity up to fourth civil degree e. The declarant, his successors in interest and against third persons 104. The following are the requisites of a declaration against interest, except: a. Declaration is made by a person deceased or unable to testify b. The declaration is against the interest of the declarant c. The person who made the declaration would not have made the declaration unless he believed it to be true d. The declarant has no motive to falsify his declaration e. The declarant was unaware of its contrary effect to him 105. The following are requisites for admissibility of a dying declaration except: a. The death is imminent and the declarant was aware of such fact b. The declaration refers to the cause and surrounding circumstances of the death c. The declaration relates to facts which the victim is competent to testify d. The intervening time from the making of the declaration up to the actual death e. The declaration is credible to believe 106. The dying declaration can be: 30
a. Verbal, written or made into signs b. Verbal only c. Written and verbal d. Verbal and written; if written, it must be notarized e. Verbal or made into signs 107. Tony’s wife is presented by the defendant to testify on Tony’s dying declaration. The prosecution objected on the ground that this violates the marital privilege and she cannot be a witness for the defense for this would be a declaration against interest. Is the argument tenable? a. Yes. It violates the marital privilege. b. Yes. It violates marital privilege and a declaration against interest. c. No. The wife of the declarant may testify the dying declaration either for prosecution or as a witness for the defense and this do not violate the marital privilege. d. Yes. The wife cannot testify for the defense because it would be a declaration against interest. e. No. The wife’s testimony is material to the defendant’s theory of the case. 108. Admission against interest is distinguished from a dying declaration by the : a. Availability of the witness other than the declarant b. Availability of the declarant as witness c. Availability of the defendant d. Availability of the prosecution e. Availability of other documentary evidence 109. The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence when: a. It occurred before the controversy and the relationship between the two persons is shown by such evidence of act or declaration. b. It occurred before the controversy and the declarant is dead or unable to testify c. It occurred after the controversy and the declarant is dead or unable to testify d. It occurred after the controversy e. When it occurred before the controversy and the relationship between the two persons is shown by evidence other than such act or declaration 31
110. The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if: a. The witness testifying thereon be also a member of the family by consanguinity b. The witness testifying thereon is not a member of the family c. The witness testifying thereon be also a member of the family by affinity d. The witness testifying thereon is an ascendant or descendant relative e. The witness testifying thereon be also a member of the family, either by consanguinity or affinity 111. Common reputation which means general reputation may be admitted as evidence to prove. a. b. c.
d.
Facts of public interest, marriage and moral character. Legal standing, filiation and good moral character. Public interest, religious belief and political affiliation. Insolvency, criminal record and educational attainment.
112. Common reputation may be established either by the following. a. Certificate of good moral character, NBI clearance, PNP clearance. b. Testimonial evidence, monuments and inscription, and statements of reputation. c. Documentary evidence, deposition, last will and testament. d. Employment certificate, engraving on a tree, tv advertisement. 113. Res gestae refer to statement made by a person which refers to. a. b. c. d.
Statements given by a victim after a homicidal attack. Statements given under an awareness of an impending death. Statements in connection with a startling occurrence. Statements accompanying an unequivocal act.
114. For verbal acts to be admissible, it is required that it must be. a. b. c. d.
Supported by secondary evidence. Give legal significance to an equivocal act. Heard by a third person. Capable of convicting a person.
115. A dying declaration is characterized as. 32
a. Statement made by the victim after a homicidal attack and principally based on an impending death. b. Statement uttered at the point of death by any person and accompanied by an overt act. c. Statement given by the victim to a peace officer before being taken to the hospital. d. Statement made by the person after committing a homicidal attack and principally based on an impending death. 116. If the person who made entries in the course of business is available to testify, such entries may be use as. a. b. c. d.
Primary evidence Secondary evidence Evidence as an exception to the Hearsay Rule. Memorandum to refresh the entrant’s memory.
117. Entries in the regular course of business may be admissible when, a. All persons who made an entry on said document must testify to its due execution. b. All the entries are examined by an expert witness provided by the adverse party. c. An authorized person may testify that said entries was made under his supervision and entered in the ordinary course of business. d. Any person may testify on the validity of said entries provided he witnessed the act of the entrant. 118. Entries made by a public officer is admissible as evidence when, a.
The public officer made such entries in the performance of an official function. b. The public officer is authorized to dictate the manner of entries made. c. The public officer guarantees the authenticity of the entries. d. The public officer promulgates the rules regarding said entries. 119. A private individual may be allowed to be an entrant in official records, provided that. a. The person is elected to public office. b. The person acted to a specific legal duty. 33
c. The person acted upon instruction of the authorized public officer. d. The person had made the entries in good faith. 120. Marriage certificate accomplished by a priest is deemed public document when. a. The marriage certificate is transmitted to a public officer who registers the same. b. The marriage certificate is transmitted to a notary public. c. The marriage certificate is accompanied by the spouses consent. d. The marriage certificate is accompanied by a public officer’s official seal. 121. Entries in official records by a person in the performance of a duty specially enjoined by law are. a.
Relevant evidence.
b.
Conclusive evidence
c.
Documentary evidence.
d.
Primary and best evidence
e.
Suffices for the proof until contradicted
122. Evidence of statements contained in the list, register, periodical and other published compilation is admissible when.
a.
It is of matter of interest to persons engaged in an occupation
b.
The compilation is published
c.
Generally used and relied upon
d.
Used by the person engaged in that profession
e.
It tends to prove the truth of any relevant matter so stated
123. The admissibility of learned treaties
34
a.
Must be testified by an expert witness
b.
Need not be proven
c.
Depends if published
d.
Limited on matters of history, law, science or art
e.
Is discretionary upon the Judge
124. Testimony given in a former case may be given in evidence in cases where.
a.
The adverse party had the opportunity to cross examine the witness
b.
The witness is dead or unable to testify
c.
Same was given in a former case
d.
There is Identity of subject matter and cause of action
e.
The case involves same parties and subject matter
125. Opinion of an ordinary witness is admissible except
a. On identity of a person he has adequate knowledge b. On Handwriting of another person c. Mental sanity of person he has sufficient acquaintance d. When pertains to impressions of the emotion and behavior e. On matters of conditions or appearance of the person
35
126. The statement made by Mr. X, the driver of a vehicle in motor vehicle mishap was relied upon by the investigating police officer for the purpose of entry in the record and report of the accident. The victim Mr. Y in the course of the trial questions the admissibility of the document as hearsay, rule.
a. It is inadmissible, police officer having no personal knowledge b. It is inadmissible as same is self serving on the part of Mr. X c. Purely hearsay, hence excluded d. Admissible as the recording was done in the performance of official duty e. Admissible, the same are entries in the official record
127. Mr. X was adjudged guilty of a criminal offense, in a subsequent civil action involving same act or omission, may the judgment in the former be read as evidence in the latter.
a.
Yes, there is identity of parties
b.
Yes, it involves same act or omission
c.
Yes, only if latter is to enforce subsidiary liability
d.
Yes, in the best interest of justice
e.
Yes, although different rule applies the same may be relaxed
128. In a homicide case, Mr. X, a janitor is called to testify on the mental sanity of Mr. Y, a regular by-stander in the latter’s workplace, can his testimony be allowed and be received in evidence.
a.
No, Mr. X is incompetent
b.
No, on grounds of immateriality
c.
No basis 36
d.
No, unless proper basis is given
e.
No, unless he is sufficiently acquainted with Mr.
129. Atty. X, presented an expert witness against the accused, but, Atty. Y, presented another expert witness contradicting the former’s witness testimony, the outcome of the case rest solely on the expert testimony.
a.
Atty. X’s expert witness must be given more credence.
b.
Atty. Y’s expert witness must be given more credence.
c.
Resolve in favor of presumption of innocence
d.
Considered both as not given
e.
It would neutralize the contradicting testimony
130. In what stage of the case when Judicial Notice on learned treaties may be taken by the Judge.
a.
During Trial
b.
Before Judgment
c.
On Appeal
d.
Anytime
e.
All of the above
131. The opinion of a witness is admissible in evidence. Which in the following statement is not true?
37
On the matter requiring special knowledge, skill, experienceor training which he possesses, that is, when he is an expert thereon. a.
b. Regarding the identity or the handwriting of a person, when he has knowledge of the person or handwriting, whether he is an ordinary or expert witness. c. On the mental sanity of a person, if the witness is sufficiently acquainted with the former or if the latter is an expert witness. d. On the action, physical, situation or trait of a person which he has observed.
132. Conflicting expert evidence have neutralizing effect on contradictory conclusions.
a.
They create conflict.
b.
They make conclusion.
c.
They prove innocence.
d.
They generate doubt.
133. The Diphenylamine or Paraffin test is not conclusive as to the presence of gunpowder because___________.
The possibility of the presence of powder nitrates in the clothes of the victim is not remote. a.
A person may have handled one or more substances which give the same positive reaction for nitrates, such as explosives and fireworks. b.
c.
The person may wash his hands afterwards.
Fertilizers, cosmetics, cigarettes, urine and other nitrogenous compounds with nitrites and nitrates will give positive reaction. d.
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134. It is common knowledge that the writing of a person changes as time elapses. Which of the following does not support the statement?
a.
A person’s signature may change as he advances in years.
b. The tremulous characteristics of the writing depend upon the conditions and circumstances of the time. c. The difference in the construction and direction of signatures may happen even if the writing is made by a normal person. d. It is admissible in evidence even if the signature of the person varies.
135. The tape/sound recording is admissible in evidence because of its form, where the proper foundation has been laid guarantee its genuineness. The statement best supports that ________________.
a.
The device use in recording is consistent.
b.
The operator of the device is an expert.
c.
The testimony is genuine.
d. The testimony was elicited and voluntarily made without any kind of inducement.
136. Expert evidence is conclusive only if _________________.
a. There is sufficient training and education. b. There is particular, first-hand familiarity with the facts of the case. c. There is presentation of authorities or standards upon which the opinion of the
expert is based. d. The matter to be testified to is one that requires expertise and the witness id
qualified as an expert. 39
137. _______________ is an organic substance found in a person’s cell which contains his/her genetic code.
a.
Genetic code
b.
DNA
c.
Nitrates
d.
Blood type
138. May a non-expert private individual examine particular contested documents?
a.
No, because of lack of credibility.
b. Yes, if there are facts within his knowledge which may help the court in the determination of the issue. c.
Yes, provided assisted by an NBI agent.
d.
No, only expert can examine the same.
139. The authenticity of a questioned signature cannot be determined solely upon its general characteristics, similarities, or dissimilarities of the genuine signature. The statement best supports that________________.
a. The result of examinations of questioned handwriting, even with the benefit of aid and experts and scientific instruments, is, at best inconclusive. b. The opinion of handwriting experts is not conclusive upon the court. c.
Comparison of handwriting is at most, unsafe.
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d. The opinion of a handwriting expert cannot overcome the positive testimony of the notary public.
140. In assessing the probative value of DNA evidence, it is necessary to consider _________________.
a.
The various chemical processes applied.
b. The determination of whether or not the proper standards and procedures were followed in conducting the tests. c.
That the analyst is an expert.
d.
The statistical significance of the samples
141. 99.9% probability result of DNA Test is a a. Conclusive proof b. Refutable presumption c. Prima facie evidence d. Corrobative evidence e. Credible evidence 142. Burden of proof to be established requires a. b. c. d. e.
Quantum of evidence Suppression of evidence Sur-rebuttal evidence Rebuttal evidence Newly discovered evidence 143. Quantum of evidence required: a. To sustain the proponent of an issue in a civil case: preponderance of evidence b. For issuance of warrant of arrest after preliminary investigation: proof beyond reasonable doubt c. To sustain conviction in criminal case: prima facie evidence d. To warrant filing of information: evidence of probable cause 41
e. Final judgment in criminal cases: substantial evidence
144. Burden of Proof a. Is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law b. Shifts from party to party depending upon the exigencies of the case in the course of the trial c. Determined by the developments at the trial d. Is on the party who would not be defeated if no evidence were given on either side e. Always on the prosecution in civil cases 145. Charges of misconduct against judges requires a. b. c. d. e.
Rebuttal evidence Bogus evidence Suppression of evidence Clear and convincing evidence Evidence beyond reasonable doubt 146. Burden of evidence a. b. c. d. e.
Does not shift as it remains throughout the trial with the party upon whom it is imposed Determined by the pleadings filed by the part Shifts from party to party depending upon the exigencies of the case in the course of the trial Is not determined by the developments at the trial Is on the party who would be defeated if no evidence were given on either side
147. Negative allegations a. Must be proved if it is an essential ingredients of the offense in criminal cases or the defenses thereto b. Absolutely do not have to be proved c. Must be barred if it is an essential part of the cause of action or defense in a civil case d. In civil case for breach of contract, the plaintiff must be barred from proving the fact that the defendant did not comply with his obligation e. I n criminal case, for illegal possession of firearms, the prosecution must be barred from proving the absence of a license therefore
42
148. Affirmative allegation a. In criminal cases, the prosecution is barred from proving this allegations in the indictment regarding the elements of the crime, as well as the attendant circumstance b. Need to be proved when presented by defense regarding the existence of justifying or exempting circumstances, absolutory causes or mitigating circumstances c. When presented in both civil and criminal cases, the burden of evidence does not lie with the party who asserted the allegation d. The defendant is barred from proving the allegations in his counterclaim and his affirmative defense e. The plaintiff don’t need to prove this allegations in the complaint 149. Tape recording or sound evidence a. A tape recording is admissible and given probative value automatically without any other requirement b. The Supreme Court affirmed that sound recording is inadmissible because of its form, where the proper foundation has been laid to guarantee its genuineness c. In fine, the party seeking the admission in evidence of a tape recording bears the burden of producing sufficient evidence showing that the recording be an inaccurate reproduction of the recorded conversation d. The satisfactory testimony of the operator of the device as to its operation, method of operating, identities of the speakers and accuracy of the recordings are insufficient for their admission. e. A witness’ declaration that the sound recording represents a true portrayal of the voice therein satisfies the requirement of authentication\ 150. Admissibility of character evidence a. In criminal cases, the prosecution can initially attack the character of the accused and must be barred if the accused opens that issue by introducing evidence of the good moral character b. In both civil and criminal cases, the bad moral character of a witness may always be proved by either party, but no evidence of his good character unless it has been impeached c. In criminal cases, the prosecution may at the outset prove the bad moral character of the accused of which is pertinent to the moral trait involved in the offense charged d. In criminal cases, the good or bad moral character of the offended may not be proved by either party as long as evidence tends to establish the probability or improbability of the offense charged e. In civil cases, the moral character of either party thereto can be proved unless it is pertinent to the issue of the involved in the case 43
151. It is the obligation to impose upon a party who alleges the existence of facts necessary for the prosecution of his action or defense to establish the same by the requisite quantum of evidence.
a.
Disputable presumptions
b.
Conclusive presumptions
c.
Burden of proof
d.
Presumption of law
e.
Presumption of fact
152. Quantum of evidence required for cases filed before administrative or quasi-judicial bodies.
a.
Substantial evidence
b.
Preponderance of evidence
c.
Prima facie evidence
d.
Convincing evidence
e.
Guilt beyond reasonable doubt
153. It is the inference of the existence or non-existence of a fact which courts are permitted to draw from the proof of other facts.
a.
Judicial notice
b.
Presumptions
c.
Judicial admissions
d.
Burden of proof
e.
Allegation
154. It is reduced to fixed rules and forms a part of the system of jurisprudence.
44
a.
Presumption of fact
b.
Judicial notice
c.
Presumption of law
d.
Onus probandi
e.
Juris tantum
155. It is derived wholly and directly from the circumstances of the particular case by means of the common experience of mankind.
a.
Presumption of fact
b.
Judicial notice
c.
Presumption of law
d.
Onus probandi
e.
Juris tantum
156. It is also referred as doctrine of estoppel in pais.
a.
Disputable presumptions
b.
Conclusive presumptions
c.
Burden of proof
d.
Presumption of law
e.
Presumption of fact
157. Which of the following is NOT a disputable presumption?
a.
That a person takes extra ordinary care of his concerns.
b.
That a person is innocent of crime or wrong.
c.
That evidence willfully suppressed would be adverse if produced.
45
d. act.
That a person intends the ordinary consequences of his voluntary
e.
That an unlawful act was done with an unlawful intent.
158. To charge for misconduct of judges, this evidence is required.
a. Clear and convincing evidence b. Guilt beyond reasonable doubt c. Substantial evidence d. Prima facie evidence e. Preponderance of evidence 159. Quantum of evidence required to remove judges.
a.
Clear and convincing evidence
b.
Guilt beyond reasonable doubt
c.
Substantial evidence
d.
Prima facie evidence
e.
Preponderance of evidence
160. It is also referred as onus probandi.
a.
Burden of proof
b.
Disputable evidence
c.
Conclusive evidence
d.
Presumption of fact
e.
Presumption of law
46
161. In the execution of a deed (contract) to convey ownership of realty, there is/are presumed existence of: a. b. c. d. e.
Valuable consideration Bonafide sale Fictitious sale Transfer of title All of the above 162. Endorsement of negotiable instrument made by payee or indorsee without date, there is a presumption of: a. b. c. d. e.
The instrument was made before maturity The holder acquired the note or bill before maturity Instrument made at the time of execution Indorsement made at the place where it is dated All of the above
163. The presumption that a letter duly directed was mailed and received in the regular course of mail is based on: a. Presumption of regularity in the performance of duty of the employees of the post office b. Regularity and certainty according to common experience, the mail is carried c. Presumption based on statute d. Presumption does not arise until facts on which it rest are clearly shown e. All of the above 164. Where several persons carry on the same business together, they are presumed to be partners and thus, sufficient to prove that defendants have acted as partners as shown in their: a. b. c. d. e.
Habit Course of dealing Conduct and declaration Induced whom they dealt with to consider them as partners All of the above
165. There is no presumption in favor of:
47
a. b. c. d. e.
Illegality Violation of statute Against legality Non-compliance of the law All of the above
166. There is Acquiescense where: a. A principal, with knowledge of all the facts, adopts the acts of his agent, although his acts were contrary to his duty and instruction b. If the principal after being informed what his agent has done, does not dissent or give notice of disapproval within a reasonable time c. Must unequivocably appear that the person knew or has notice of the fact upon which the alleged acquiscence is founded d. Imports and founded upon knowledge e. All the above
167. Survivorship is presumed as between persons who have perished in a common calamity from: a. Strength and age of sexes b. According to specified rules c. Said statutes do not apply where the order of evidence is shown by evidence d. Applicable only where the relative time of death cannot be shown by direct or circumstantial evidence or both e. All the above 168. Presumptions of law may be: a. b. c. d. e.
Conclusive Absolute Disputable Rebuttable All the above
169. Burden of Proof: a. b. c.
Does not shift; it remains on the party whom it is impose Obligation imposed upon a party who alleges the existence of fact In criminal case, the prosecution has the burden of proof 48
d. In civil case, the burden of proof is on the party who would be defeated if no evidence is given e. All the above 170. The adverse presumption of suppression of evidence does not arise when: a. b. c. d. e.
The suppression is not willful The evidence withheld is merely corroborative or cumulative The evidence is at the disposable of both parties The suppression is an exercise of privilege All of the above 171. When will judicial notice of fact be taken by a court? I. II.
On its own motion. It is requested or invited by parties or either of them may do. a. b. c. d.
I only II only I and II None of the above.
172. In presentation of witness, where should be the examination be done? a. b. c. d.
In the office of the clerk of court In open court Any place at the election of the witness All of the above
173. What are the instances may the Supreme Court authorized affidavits and counteraffidavits be admitted in lieu of oral testimony? a. b. c. d.
Ejectment case Violation of traffic laws Violation of rental laws All of the above
174. The following are the rights and obligations of a witness except: a. Right against self-incrimination b. Right against self- degradation 49
c. Not to give an answer which is material to the inquiry of the issue d. Not to be detained longer than the interest of justice requires 175. I. A transcript of record of the proceedings made by the official stenographer made by stenotypist or recorder and certified as correct by him shall be deemed prima facie correct. II. Presentation of affidavits of prosecution witnesses subject to cross-examination is allowed. a. b. c. d.
Both statements are false Both statements are true Only statement I is true Only statement II is true
176. It is evidence made out of court and is excluded on the same ground as hearsay evidence. a. b. c. d.
Relevant evidence Deposition Circumstantial evidence Self-serving evidence
177. The following need not be proved except: a. b. c. d.
Facts of judicial notice Facts judicially admitted Customs and traditions Facts presumed
178. Hearing is necessary in judicial notice except: a. b. c. d.
Courts own initiative Request of a party Such matter is decisive of material issue All of the above
179. Judicial notice is discretionary except:
50
a. Matters which are of public knowledge b. Matters capable of unquestionable demonstration c. When decisions of the Supreme Court are proper subjects of mandatory judicial notice d. Ought to be known by judges because of their judicial functions 180. When is judicial notice mandatory? a. b. c. d.
Matters which are public knowledge Laws of nature Indisputable Matters capable of unquestionable demonstration
181. A witness cannot refuse to answer questions material to the inquiry even if it may tend to establish a claim against him, but he may validly refuse to answer: a. b. c. d. e.
Under the right against self-incrimination Under the right against self-degradation Under the right against self-humiliation A and B only A, B and C
182. Upon the conclusion of the re-direct examination, the adverse party may re-cross examine the witness: a. b. c. d. e.
On matters not asked in the re-direct examination On matters stated in the re-direct examination On such other matters as may be allowed by the court in its discretion. A and C only B and C only
183. When cross-examination is not and cannot be done or completed due to causes attributable to the party who offered the witness, the uncompleted testimony is thereby: a. b. c. d.
Rendered competent and remained on the record. Rendered incompetent but should remain on record. Rendered incompetent and should be stricken from the record. Rendered terminated and the other party is deemed to have waived its right to cross-examine the witness. e. None of the above.
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184. Leading question is not allowed, except a. b. c. d. e.
On cross-examination On preliminary matters Of an unwilling or hostile witness Of a witness who is an adverse party All of the above
185. It is one that assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. a. b. c. d. e.
Presumption Misleading question Assumption Leading question None of the above
186. Testimony on direct examination elicited through leading questions of counsel for the proponent has: a. b. c. d. e.
Great weight in court’s consideration of the case No probative value Not been given any value and should be stricken off the record Little probative value None of the above
187. A party can impeach the adverse party’s witness by: a. b. c. d. e.
Contradictory evidence Evidence of bad character Evidence of prior inconsistent statements Evidence of bias, interest, prejudice or incompetence All of the above
188. A party can impeach his own witness only by: a. b. c. d. e.
Evidence of bad character Evidence contradictory to his testimony Evidence of prior inconsistent statements A and B only B and C only
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189. After the examination of a witness by both sides has been concluded, the witness cannot be recalled: a. b. c. d. e.
Without reservation made during early stage of examination of a witness Without the consent of the other party Without leave of court. Without valid ground None of the above
190. It is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue: a. b. c. d. e.
Cross-examination Direct examination Re-cross examination Re-direct examination None of the above
191. Recalling a witness can a.
Be done without leave of court b.
Occur upon the discretion of the court
c.
Not be done without leave of court
d.
Transpire upon the agreement of the parties
e.
Be all of the above
192. Leading question is not allowed except: 1. On cross-examination 2. On preliminary matters
a. Number 1 is correct b. Number 2 is correct c. Both numbers 1 & 2 are not correct d. Both numbers 1 & 2 are correct e. Both numbers 1 &2 are gobbledygook 53
193. Party may not impeach his witness 1. In an unwilling witness 2. In adverse party
a.
Number 1 is true
b.
Number 2 is correct
c.
Both numbers 1 &2are not correct
d.
Both numbers 1 & 2 are correct
e.
None of the above is correct
194. Impeachment of witness may be done by a.
Evidence of consistent statements
b.
Evidence of inconsistent statements
c.
Evidence of account statements
d.
Evidence of positive statements
e.
Evidence of judicial statements
195. Good character of a witness a.
Not admissible until such character is impeached
b.
Admissible even if it is not impeached
c.
Both a & b are correct
d.
Only b is correct
e.
All of the above are correct
196. Referral of witness to memorandum a. To enable the court to determine the witness capacity b. To refresh the memory of the witness respecting a fact c. To compel the memorandum to refresh the memory of the witness 54
d. The court gives authority to the witness to refresh his memory respecting a fact e. The court made the memorandum to refresh the memory of the witness respecting a fact 197. Referral to memorandum means 1. Revival of present memory
2. Revival of past memory
a.
Both numbers 1 & 2 are incorrect
b.
Only number 1 is correct
c.
Only number 2 is correct
d.
Both numbers 1 & 2 are correct
e.
All of the above are correct
198. Part of the transaction or record as evidence, the remainder is admissible a.
The statement is incorrect
b.
The statement conveys irrelevance
c.
The court does not accept it
d.
The statement is correct
e.
All of the above are correct
199. Right to adverse party has the a.
To show to the witness the writing
b.
Be barred by the court to inspect the writing shown to thewitness
c.
Inspect a writing shown to the witness without leave of court
d.
Inspect a writing shown to the witness with leave of court
e.
Let the witness inspect the writing
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200. Public documents are those acknowledged before persons authorized to administer oaths while private documents are commercial documents and others not falling under the former a.
The statement is not true
b.
The statement is true and correct
c.
The statement relates ambiguity
d.
The statement is not accepted by the court
e.
All of the above are correct.
201. Generally, what must be done before a private document can be received into evidence? a. Prove its due execution and authenticity b. Get a handwriting expert to prove that the signature of the maker is genuine. c. Present a witness who saw the execution of the document d. Present the maker of the document as a witness.
202. Documents appearing in public records are a. b. c. d.
Conclusive as to its due execution and authenticity Prima facie evidence of the facts stated therein Public documents because of Section 19 of Rule 132 Private documents and the public writing is the record itself
203. A party presented a private document in court. Which among the statements will always be true? a. It need not be authenticated if the other party did not deny the same under oath b. Its authenticity must first be established in accordance to Sec 20 of Rule 132 c. The handwriting of the maker must be proved by an expert witness d. The judge will give it more weight if its sealed
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204. A party presented before the court a foreign public document not kept in the Philippines. Which among the statements presents the soundest legal principle? a. It is admissible if its published in a news paper in general circulation b. It must be accompanied by an attestation of the secretary of the foreign embassy and a certificate to that effect is made by a Filipino consul c. It must be attested under the seal of the clerk of court d. Can only be removed from office in which it is kept upon the order of the court 205. Generally, public documents are best proved by a. b. c. d.
A certified true copy thereof A publication in the news papers The mere fact that it is notarized The typewritten original carbon copy
206. Which among these documents is best used in court? a. b. c. d.
A notarized document in California Duly published foreign laws Baptismal certificates circa 1898 Holographic wills
207. What is the probative value of public documents? a. b. c. d.
Depends on the kind of public document The same with all kinds of public documents It will receive more weight if it is duly notarized Only prima facie evidence of the facts stated therein
208. What is the best use of baptismal certificates? a. b. c. d.
Offered in evidence as public documents It could prove filiation Are prima facie evidence of the residence of the parents Could prove the age of a person
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209. What is the rule with regards to alterations appearing on documents? a. b. c. d.
The party producing it must explain such alteration Is admissible if duly certified by a public officer Is admissible if the alteration was made before the parties signed it The party producing it must prove that the alteration did not change the tenor of the document
210. A party presented before the court a death certificate to prove the deceased’s a. b. c. d.
Cause of death Date of death Date of birth Actual Residence
211. Which is not an evidence of legitimate filiation of a child? a. Record evidence of birth in the civil registry b. An admission thereof in a public handwritten document signed by the parent c. An admission thereof in a private handwritten document signed by the parent d. Record of birth appearing in a pending case before the RTC e. Record of birth appearing in a final judgment 212. Documents written in an unofficial language shall not be admitted as evidence except a. b. c. d. e.
Accompanied by other evidence admitted by the opposing parties It is not excluded by the rules of evidence If it is of judicial notice If it is subject to cross-examination If it is accompanied by with a translation in English 213. Statement 1: The court shall consider no evidence that has not been formally offered. Statement 2: The purpose for which the evidence is offered must be specified.
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a. b. c. d. e.
Statement 1 is true Statement 2 is true Statement 1 and 2 are true Statement 1 and 2 are false Statement 1 is false
214. Documentary and object evidence shall be offered a. b. c. d. e.
Before the presentation of a party’s testimonial evidence During the presentation of a party party’s testimonial evidence After the presentation of a party’s testimonial evidence Unless allowed by the court to be done in writing Unless not objected by the adverse party
215. Documents that may have been marked as exhibits during hearing cannot be considered as evidence provided a. b. c. d. e.
It is not formally offered in evidence It is not objected by the opposing party It is not excluded by the rules of evidence It is not given evidentiary value It is not withdrawn before the formal offer
216. Documents that may have been marked as exhibits during the hearing a. b. c. d. e.
Is admissible as evidence But not formally offered cannot be considered as evidence But which were formally offered can be considered as evidence But not formally offered can be considered as evidence But formally offered are not excluded by the rules of evidence
217. Every instrument duly acknowledge or proved and certified as provided by law may be presented in evidence a. b. c. d. e.
Without formal offer Without testimony of the witness Without hearing With hearing Without further proof
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218. The authenticity and the due execution of a private document are proved, inter alia, by evidence of the handwriting of the maker. Such handwriting in turn cannot prove by: a. A witness who actually saw the person writing the instrument b. A witness familiar with such handwriting and who can give his opinion thereon c. A comparison by the court of the questioned handwriting and admitted genuine specimen thereof d. Expert witness. e. The evidence witness having a copy thereof. 219. The following are public documents except: a. The written officials acts or records of the official acts of the b. The written official acts of a foreign country. c. Public records, kept in the Philippines, of private documents required by law to be entered therein. d. Notarial will. 220. A party cannot impeach the adverse party’s witness by: e. f. g. h. i.
Contradictory evidence Evidence of prior inconsistent statements Evidence of bad character Evidence of bias, interest, prejudice, or incompetence Evidence of good moral character
221. Which of the following can the court take into consideration in determining the weight of the testimony? a. b. c. d.
The facts and circumstances of the case The manner that the witness is testifying The intelligence of the witness The interest of the witness in the case
222. Under Section 2, Rule 133, proof beyond reasonable doubt means a. Degree of proof that excludes the possibility of error b. Degree of proof that produces absolute certainty c. Degree of proof which produces conviction in an unprejudicial mind 60
d. e. Degree of proof that requires moral uncertainty 223. I. Findings of trial judge cannot be disturbed on appeal. II. Findings of the trial judge can be disturbed on appeal when there are substantial facts and circumstances that were overlooked. III. Findings of the trial judge can be disturbed on appeal if there were overlooked facts that cannot affect the result of the case. IV. Findings of the trial judge on the credibility of the witness cannot be disturbed on appeal. Which of these statements are true a. b. c. d.
I and III I, II and IV I and IV I, II, III and IV
224. Numerical factor do not determine the weight of evidence a. b. c. d.
Even if there are conflicting testimonies At all times Only in the absence of conflicting testimonies No, the more the witnesses, the greater its value in trial.
225. Proof of witness credibility does not include: f. g. h. i.
His integrity His disposition His intention to tell the truth His biased interest
226. I: The testimony of a single witness may be sufficient to produce a conviction if it appears to be trustworthy but unreliable. II: The conviction of an accused may be based on the testimony of one witness alone provided such testimony is unclear and unconvincing, a. b.
I is true II is true 61
c. d. e.
I is false II is false Both are false
227. Testimony of the offended party is: a. Not essential to convict an accused if there are already other evidence to prove the guilt of the latter b. Always essential to convict the accused c. The non-presentation of the offended party detract the efficacy of the proceedings d. The prosecution is obliged to present each and every person who witness the crime 228. What should not be enough bases to convict an accused? a. Uncorroborated testimony of a lone witness b. The testimony of a lone witness who had incurred unexplained contradiction c. A witness who had shown an attitude inconsistent with the truth of his testimony d. All of the above e. None of the above 229. I: Inconsistencies or contradictions on important details in the testimony of a witness do not materially impair the credibility of the witness. II: Inconsistencies in the testimonies on significant details do not affect the credibility as to material points. a. b. c. d.
I is true II is true I and II are true I and II are false
230. Which person’s testimony at the time of the execution of a will do not carry great weight? a. b. c. d.
Notary public Subscribing witness A person who had saw the will being executed The testator 62
231. The testimony of an interested witness has the effect of a. b. c. d. e.
Questioning his credibility as a witness Making his testimony inadmissible as evidence Determining where the weight of evidence rests in the case Suppressing and perverting the truth. Making it self-serving
232. The maxim falsus in uno, falsus in omnibus is applicable when a. There exists a positive testimony contrary to subsequent declarations in the testimony b. The witness has willfully fabricated the truth on one or more material points. c. The testimony of a witness may be partly believed and partly disbelieved d. The witness have different recollection of an event e. The testimony of a witness is corroborated by other evidence 233. The degree of proof required to support a finding of conspiracy is called a. b. c. d. e.
Preponderance of evidence Direct evidence Proof beyond reasonable doubt Clear and convincing evidence Burden of proof
234. Conspiracy can be established by evidence that a. b. c. d. e.
The parties meet to discuss the commission of a crime The crime is actually committed by two or more persons The accused proposes the execution of the crime to other persons. The individual acts of the accused shows common plan to commit the crime All the parties agreed to every detail in the execution of a crime
235. Which of the following is negative evidence? a. Witness testifies that he saw a man resembling A leaving the building. b. The guard on duty in the lobby testifies that he did not see any person leaving the building from his station c. The forensic report states that the hands of the victim were positive on paraffin test 63
d. C, the medical examiner, testifies that he recovered five bullets in the body of the victim e. A denies that he is at the place where the crime was committed 236. What is the quantum of evidence necessary to prove self-defense? a. b. c. d. e.
Proof beyond reasonable doubt Preponderance of evidence Clear and convincing evidence Substantial evidence Prima facie evidence
237. Which of the following factors do NOT affect the probative weight of the testimony of a witness? a. b. c. d. e.
Delay of a witness in divulging what she knows about the crime Numerical preponderance of evidence in favor of one party Testimony of a conspirator against his co-conspirators Relation to the cause or to the parties in the case Witnesses’ manner of testifying
238. The burden of proof required to convict an accused in a criminal case is a. b. c. d. e.
Greater weight of evidence Relevant evidence adequate to support conviction Clear and convincing evidence Conviction in an unprejudiced mind Firm belief or conviction as to the guilt of the accused
239. Which is TRUE about the probative weight of affidavits as evidence? a. b. c. d. e.
Affidavits are prima facie evidence Affidavits are subordinated to open court declarations Affidavits are complete reproduction declarant’s recall of the incident. A and B are true All of the above are true
240. Which is FALSE about corroborative evidence? a. Corroborative evidence is required in the crime of rape 64
b. It is evidence of the same kind and to the same state of facts c. The prosecution must present each and every person who witnessed the occurrence of the crime d. A and C are false. e. All of the above are false. 241. Which statement is not true? a. Evidence of motive is not relevant even where the evidence is circumstantial and inconclusive and there is doubt whether the crime has been committed. b. Mere proof of motive, no matter how strong, cannot sustain a conviction if there is no other evidence establishing the guilt of the accused. c. The true motive of the conduct of the accused explains and supplies the element of malice and, correspondingly, proves his criminal intent. d. All the above. e. None of the above. 242. The “totality of circumstances” test adopted by the Court on the admissibility and reliability of out-of-court identification of suspect utilizes the following factors, except one. a. Discrepancy between the witness original description and his actual description of the accused b. The length of time between crime and the identification c. The suggestiveness of the identification procedure d. The level of certainty demonstrated by the witness at the identification e. None of the above. 243. A was accused of having raped X. A pair of short pants allegedly left by A at the crime which the court, over the objection of A, required him to put on, and when he did, it fit him well. If you rule on the admissibility of the evidence, which one would you consider? a. The pair of short pants, which fit the accused well, is circumstantial evidence of his guilt, although standing alone it cannot be the basis of conviction. b. The accused cannot object to the court requiring him to put the short pants on. c. Being forced by the Court to wear the pair of shorts does not violate his right against self-incrimination because it is a mere physical act. d. All the above. e. None of the above. 65
244. Circumstantial evidence is insufficient when: a. There is only one circumstance. b. The facts from which the inferences derived are not proven. c. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. d. a and b only e. None of the above 245. Circumstantial evidence would not suffice to sustain a conviction of: a. Falsification and libel b. Bigamy and adultery and other cases where the issue of marriage is involved c. Parricide d. All of the above e. None of the above. 246. Corpus delicti which means “the body or substance of the crime” does not refer to: a. The whole charge as to require that all the elements of the crime be established independent of the extrajudicial confession b. The actual commission by someone of the particular crime charged. c. The fact of specific injury or loss sustained. d. In murder, it is the fact of death. e. None of the above. 247. This doctrine indicates that there is no need to provide any further detail—the facts of the case are sufficient to find liability. Generally, because the facts are so obvious, a party does not need to provide further explanation. It is evidentiary or in the nature of a procedural rule. a. Fruit of a poisoned tree b. Res inter alios acta c. Res ipsa loquitur d. After-discovered doctrine e. Res judicata
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248. Which one is correct? a. An extrajudicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence or corpus delicti. b. An extrajudicial confession made by an accused, shall be sufficient ground for conviction, unless corroborated by evidence or corpus delicti. c. An extrajudicial confession made by an accused in an open court, shall not be sufficient ground for conviction, and must be corroborated by evidence or corpus delicti. d. An confession made by an accused in an open court shall not be sufficient ground for conviction, unless corroborated by evidence or corpus delicti. e. An extrajudicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by circumstantial evidence or corpus delicti. 249. Substantial evidence is that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. This is sufficient to establish a fact in: a. Administrative cases b. Civil cases c. Both criminal and civil cases d. Both administrative and civil cases e. Criminal cases 250. Which one are danger signals that the identification may be erroneous even though the method used is proper? a. Other witness of the crime fails to identify the accused. b. The witness and the person identified are of different racial group. c. The witness generally stated that he could easily identify a person. d. A & b only e. E & c only
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Answers 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47
B A C D D C D A B C C D E \E B D C D B D B A B E B A E A B C C C C B E A B E E E A D B B A D A
51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97
E A E D C D B C E D C B A B D D C D C D C D C D D D C A A D B A B B D B E A E B D C C B C A B
101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147
A B E E D A C B E E A B C B A D C A B A E E B E B D&E C D C E D D D D D D B B A B D A A A D C A
68
151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197
C A B C A B A A B A A E E E E E E E E E C B D C B D C D C B D E C E B D E E C B C D D B A B D
201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247
A D A B D C A B C B D E C C A B E E D E D C B C D E A D D C A B C D E C A D D E A A D D D E C
48 49 50
A A A
98 99 100
B C B
148 149 150
B E B
69
198 199 200
D D B
248 249 250
A A D
