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CLJ 4 (CRIMINAL EVIDENCE)

(SET A)

Name: _______________________________ MWF 4:15- 5:15

PART I. Choose the option that answers the question or completes the sentence. (2 pts each)

1. __________ refers to evidence that is addressed to the senses of the court.

a. Documentary Evidence
b. Parol Evidence
c. Object Evidence
d. B&C
e. None of the Above

2. The following are the requisites for admissibility of Object Evidence; except:

a. The evidence must be relevant;


b. The evidence must be authenticated;
c. The authentication must be made by a competent witness;
d. The object must be formally offered in evidence:
e. None of the above

3. The following defines evidence; except:

a. Evidence must be sanctioned or allowed by the Rules of Court.


b. It is a means of ascertaining the truth of a matter of fact.
c. Applies only to judicial proceedings.
d. B & C only
e. A,B & C.

4. When is evidence required?

a. Where no factual issue exists in a case.


b. When there is a factual that needs to be proved.
c. When the pleadings in a civil case do not tender an issue of fact.
d. In matters of judicial notice.
e. All of the above

5. ________ consists of writings or any material containing letters, words, numbers, figures, symbols or other
mode of expressions offered as proof of their existence and condition.

a. Documentary Evidence
b. Object Evidence
c. Parol Evidence
d. A&B
e. None of the above.

6. At the trial of Letty 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 to prove that those are the marked bills
used during the buy-bust operation. Letty objects to the introduction of the photocopy on the ground
that it is not the best evidence. What kind of evidence is the photocopy of the marked bills?

a. Documentary Evidence
b. Testimonial Evidence
c. Object Evidence
d. Parol Evidence
e. Judicial Notice

7. What is the TRUTH as the purpose of evidence?

a. Judicial truth
b. Moral truth
c. Natural truth
d. Legal Truth
e. A&D

8. Evidence on collateral matter is allowed.

a. True at all times.


b. False, for evidence on collateral matters is not allowed at all times.
c. It is only true when it tends in any reasonable degree to establish the probability or improbability of
the fact in issue.
d. It is only true when it tends to prove irrelevant facts.
e. C & D

9. Autoptic preference is:

a. Parol Evidence
b. Testimonial Evidence
c. Documentary Evidence
d. Relevant evidence
e. Real Evidence

10. _______________ is a legal principle that holds an original copy of a document as superior evidence.

a. Definite Evidentiary Rule


b. Best Evidence Rule
c. Parol Evidence Rule
d. Factum Probandum
e. None of the above

11. Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-
existence.

a. Relevancy
b. Competency
c. Materiality
d. Authenticated
e. Credibility

12. Evidence is ____________ if it is offered to prove or disprove a specific fact in issue.

a. Relevant
b. Competent
c. Material
d. Authentic
e. Credible

13. Evidence is ____________ if it is legally admissible unless some specific law or rule forbids.

a. Relevant
b. Competent
c. Material
d. Authentic
e. Credible

14. Evidence is ___________ when it is worthy of belief.

a. Relevant
b. Competent
c. Material
d. Authentic
e. Credible

15. Evidence is ____________ if it is proved to be genuine.

a. Relevant
b. Competent
c. Material
d. Authentic
e. Credible

16. It is the ultimate fact or fact sought to be established.

a. Factum probans
b. Factum probandum
c. Evidence
d. Sine qua non
e. None of the above

17. It is medium of proof and a means to the end.

a. Proof
b. Evidence
c. Factum probans
d. Factum probandum
e. None of the above

18. The following are tests of relevancy, except:

a. Every fact or circumstance tending to throw light on the issue is relevant.


b. The test is whether the evidence is sanctioned by the Rules and allowed by the law; then it is
relevant.
c. Evidence is relevant from which the fact in issue is logically inferable.
d. The facts are relevant if they fairly tend to prove the offense charged.
e. If facts intend to make the proposition at issue more or less probable, or which is calculated to
explain or establish facts pertinent to the inquiry.

19. These are matters other than the facts in issue and which is offered as basis for inference as to the
existence or non-existence of the facts in issue.

a. Relevant matters
b. Competent matters
c. Collateral matters
d. Material matters
e. Authenticated matters

20. Evidence which appears to be immaterial is admitted by the court subject to the condition that its
condition with other facts subsequently to be proved will be established.

a. Conditional admissibility
b. Curative admissibility
c. Direct admissibility
d. Circumstantial admissibility
e. Positive admissibility

21. _________________ is that which proves the fact in dispute without the aid of any inference and
presumption

a. Material Evidence
b. Relevant Evidence
c. Authenticated Evidence
d. Circumstantial Evidence
e. Direct Evidence

22. ________________ is the proof of facts from which, taken collectively, the existence of the particular fact
in dispute may be inferred as a necessary or probable consequence.

a. Material Evidence
b. Relevant Evidence
c. Authenticated Evidence
d. Circumstantial Evidence
e. Direct Evidence

23. ________________ denotes the veracity of the testimony.

a. Material Evidence
b. Relevant Evidence
c. Direct Evidence
d. Parol Evidence
e. Credible Evidence

24. ________________ 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.

a. Authentication of evidence
b. Identification of evidence
c. Burden of proof
d. Burden of Evidence
e. None of the above

25. The following are originals of a document, except:

a. A photocopy is an original if the subject of inquiry is the content therein.


b. A journal is an original if the issue is the amount a business profited on a certain day which is necessarily
contained therein.
c. A trust receipt agreement is an original if the issue at hand is the amount stated therein.
d. A risograph copy is an original if there is a question as regards to the contents therein.
e. A printed copy of a receipt is an original if it is offered to prove that a party received the amount stated
in the receipt.

26. _____________ prevents the introduction of evidence prior or contemporaneous negotiations and
agreements that contradict, modify or vary the contractual terms of a written contract when the written
contract is intended to be a complete and final expression of the parties’ agreement.

a. Best Evidence Rule


b. Definite Evidentiary Rule
c. Parol Evidence Rule
d. Exclusionary Rule
e. Factum Probans
27. A party may present evidence to modify, explain, or add to the terms of written agreement if puts in
issue in his pleading the following, except:

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 or their successors in interest after the
execution of the written agreement.
e. None of the above.

28. There is ________________ when the writing on its face appears to be clear and unambiguous but there
are collateral matters or circumstances which make the meaning uncertain.

a. Extrinsic ambiguity
b. Intrinsic ambiguity
c. Reformation of contract
d. Parol evidence
e. Best evidence

29. The following are requisites for the admissibility of Parol Evidence, except:

a. The terms of the agreement are reduced into writing


b. There is a dispute as to the terms of the agreement
c. The controversy must be between the parties of the agreement or their successors in interest
d. None of the above
e. B&C

30. The following are requisites for the admissibility of Documentary Evidence; except,

a. There must be logical connection between the evidence and the point at which it is offered.
b. The object must be authenticated before it is admitted.
c. The authentication must be made by a competent witness
d. None of the above
e. B&C

31. It forbids any addition or contradiction of the terms of a written instrument by testimony by purporting to
show that, at or before the signing of the document, other of different terms were orally agreed upon
by the parties.

a. Best Evidence Rule


b. Definite Evidentiary Rule
c. Parol Evidence Rule
d. Exclusionary Rule
e. Factum Probans

32. When a fact is offered for one purpose, and is admissible in so far as it satisfies all rules applicable to it
when offered for that purpose, its failure to satisfy some other rule which would be applicable to it if
offered for other purpose does not exclude it.

a. Best Evidence Rule


b. Curative Admissibility
c. Conditional Admissibility
d. Definite Evidentiary Rule
e. Multiple Admissibility
33. The following are requisites for circumstantial evidence to sustain a conviction:

a. The combination of all circumstances is such as to produce conviction beyond reasonable doubt.
b. There is more than one circumstance.
c. The facts from which the inference is derived are proven.
d. All the above
e. None of the above

34. _____________________ is tangible evidence that merely illustrates a matter of importance in the litigation.
Common types of this class of evidence include photographs, motion pictures and recordings, x-ray
pictures, scientific tests, demonstrations and experiments, maps, diagrams, models, summaries, and
other materials created especially for litigation.

a. Object evidence
b. Demonstrative evidence
c. Documentary evidence
d. Positive evidence
e. Negative evidence

35. The rule is based on the presumption that the parties have made the written instrument the only
repository and memorial of the truth and whatever is not found in the instrument must have been
waived and abandoned by the parties.

a. Best Evidence Rule


b. Definite Evidentiary Rule
c. Parol Evidence Rule
d. Doctrine of Independently Relevant Statements
e. Hearsay Rule

36. Parol evidence can be introduced if any of the matters are present:

a. The failure of the agreement to express the true intent and agreement of the parties thereto
b. An intrinsic ambiguity, mistake or imperfection in the written agreement;
c. The validity of the agreement;
d. None of the above if none of the matters was put in issue in the pleading by the pleader.
e. B & C only

37. Before the contents of the original may be proved by secondary evidence, satisfactory proof must be
made of the following:

a. The loss and the destruction of the original or its non-production in court
b. The execution or existence of the original
c. Unavailability of the original is not due to bad faith on the part of the offeror
d. All of the above
e. A & B only

38. ___________________ is one that is not excluded by law or the rules.

a. Competent evidence
b. Relevant evidence
c. Object evidence
d. Documentary evidence
e. Positive evidence

39. Conviction based on circumstantial evidence may result if:

a. The purpose of placing the statement on the record is merely to establish the fact that the
statement, or the tenor of such statement, was made.
b. Sufficient circumstances, proven and taken together, create an unbroken chain leading to the
reasonable conclusion that the accused, to the exclusion of all others, was the author of the crime.
c. Evidence, otherwise improper, is admitted to contradict improper evidence introduced by the other
party.
d. Evidence which appears to be immaterial is admitted by the court subject to the condition that its
connection with other facts subsequently to be proved will be established.
e. The basis of the evidence is the adaptation to the successful development of the truth.

40. The rules on evidence is applicable on the following, except:

a. Agrarian cases
b. Civil cases
c. Land registration cases
d. Criminal Cases
e. A&C

PART II. Answer one (1) essay question from the list provided. Write clear and grammatically correct sentences,
and logical paragraphs. WRITE IN PARAGRAPHS. (20 points)

1. Henry and Jessie entered into a contract covering the processing and refining of Jessie’s products. As
part of their written contract, the parties agreed that Henry could sell the finished goods at his discretion
without telling Jessie and apply the proceeds of the sale towards the payment of the processing and
refining costs, and then turn over the balance of the sales price to Jessie. This Henry did, but now Jessie
complains that the price Henry secured was too low and that in accordance with trade practice, his
consent to the sale should have been first secured.

In the presentation of evidence, should evidence of Jessie be allowed? Why?

2. May a private document be offered and admitted in evidence both as documentary evidence and as
object evidence? When may a private document be admitted in evidence as documentary
evidence? And when may it be an object evidence?

3. At the trial of Victor 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. Victor 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.

Is the photocopy admissible in evidence?

4. James was accused of raping Ana. Only Ana testified on how the crime was perpetrated. On the other
hand, the defense presented Jame’s wife, son, and daughter to testify that James was with them when
the alleged crime took place. The prosecution interposes timely objection to the testimonies on the
ground of obvious bias due to the witness close relationship with the accused.

If you were the judge, will the fact that the version of the defense is corroborated by three witnesses
suffice to acquit James? Why?

5. Patrick was accused of having raped Princess. Patrick’s black t-shirt was allegedly left by him at the
crime scene. Is the black t-shirt admissible in evidence? What kind of evidence is the black t-shirt?

BONUS: CORRECT answer to each question is worth two (2) points for a total of ten (10) points. You may answer
any or all of the questions provided below.

1. Differentiate evidence in criminal cases and evidence in civil cases.


2. Compare Best Evidence Rule and Parol Evidence Rule.
3. What are requisites for the admissibility of Evidence? Explain each.
4. Give the reason underlying the adoption of Best Evidence Rule.
5. Enumerate the exceptions to the Best Evidence Rule.