RAMON MAGSAYSAY MEMORIAL COLLEGES-MARBEL, INC.

College of Criminal Justice Education

Criminology Program
Koronadal City, Philippines Koronadal City, Philippines
Document Type: Document No.: PM-DAP-03-01-005
Test Questionnaire Issue No.: Revision No.:
Document Title: Effective Date:
CLJ4 (Criminal Evidence) Page 1 of 1

Instructor’ Name: Julieto I. Resus, LLBSem/Term2nd/2nd Subject/CN: CLJ4 (Criminal Evidence)

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Student’s Name: __________________________ Date: _____________ Score: ___________________
Year/Course: ___________________RM/Time:________________ Permit Number: ________________
GENERAL INSTRUCTION: Strictly no erasure. Failure to follow instruction will make this test paper null
and void.

Test I. Multiple Choice. Encircle the letter of the correct answer.

1. ______________ is the means sanctioned by the Rules of Court of ascertaining in a judicial

proceeding the truth respecting a matter of fact.
a. Rules on Evidence b. Substantial evidence c. Evidence d. Direct evidence

2. The purpose of evidence is to know the ____________.

a. actual truth b. truth c. Judicial or legal truth d. extra-judicial truth

3. ____________ is required because of the presumption that the court is not aware of the veracity of the
facts involved in the case.
a. factum probans b. factum probandum c. Evidence d. Judicial proceeding

4. Evidence must be ___________________.

a. formally accepted b. formally admitted c. formally offered d. offered

5. The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise
provided by law or these rules.
a. True b. False c. Sometimes true

6. Evidence is ____________ when it is relevant to the issue and is not excluded by the law of these
rules.
a. inadmissible b. admissible c. formally offered d. offered

7. Evidence may be dispensed with by _______________ of the parties.

a. admission b. agreement c. confession d. offer

8. Evidence is not required on matters of _____________.

a. extra-judicial notice b. judicial notice c. national concern d. legal interest

9. The rules of evidence, being parts of the Rules of Court, apply only to judicial proceedings.
a. True b. False c. Sometimes true

10. In civil cases, the party having the burden of proof must his claim by a ____________.
a. preponderance of evidence b. ponderance of evidence c. substantial evidence

11. In _____________ cases, the accused enjoys the constitutional presumption of innocence.
a. civil b. administrative c. criminal d. all cases

12. __________ is not the evidence itself.

a. truth b. fact c. proof d. inference

13. _______________ is inherently weak and is evidence negative in nature.

a. frame-up b. self-defense c. alibi d. entrapment

14. Negative evidence is more credible than positive evidence.

a. True b. False c. Sometimes true

15. ___________ is the facts to be proved.

a. factum proban b. factum probandum c. factum probans d. inference

16. _____________ is the probative or evidentiary fact tending to prove the fact in issue.
a. factum proban b. factum probandum c. factum probans d. inference

17. Matters of judicial notice cannot qualify as parts of factum probandum of a particular case because
such matters need not be established or proven.
a. True b. False c. Sometimes true
18. ____________ proves the existence of a fact in issue without inference or presumption.
a. factum probans b. direct evidence c. real evidence d. object evidence

19. The exact opposite of direct evidence is ________________.

a. factum probans b. evidence itself c. circumstantial evidence d. object evidence

20. When the evidence is ____________, a fact is established by making an inference from a previously
established fact.
a. factum probans b. substantial c. circumstantial d. object evidence

21.Circumstantial evidence has __________ requisites.

a. one. b. two c. three d. four

22. ________________ evidence is one that is supplementary to that already given tending to
strengthen or confirm it.
a. circumstantial b. substantial c. corroborative d. object

23. ________________ evidence is one that is of the same kind and character as that already given and
that tends to prove the same proposition.
a. circumstantial b. cumulative c. corroborative d. object

24. When an otherwise objectionable evidence is not objected to, the evidence becomes admissible
because of waiver.
a. True b. False c. Sometimes true

25. Evidence may be competent only to be admissible.

a. True b. False c. Sometimes true

26. Evidence may be relevant only to be admissible.

a. True b. False c. Sometimes true

27. Admissible evidence is necessarily credible evidence.

a. True b. False c. Sometimes true

28. Judicial notice takes the place of proof and is of equal force.
a. True b. False c. Sometimes true

29. ____________ is acknowledgement of facts.

a. confession b. judicial confession c. admission d. extra- judicial confession

30. ____________ is acknowledgement of guilt.

a. confession b. testimony c. admission d. extra- judicial admission

31. ______________ is an admission, verbal or written, made by the party in the course of the
proceedings in the same case, and does not require proof.
a. confession b. judicial admission c. admission d. extra- judicial admission

32. A court may take judicial notice of matters which are of ____________, or are capable to
unquestionable demonstration, or ought to be known to judges because of their judicial functions.
a. public impression b. public view c. public knowledge d. none of these

33. To be admissible, the evidence must be both relevant and competent.

a. True b. False c. Sometimes true

34. A defense witness testifies having heard from someone that the alleged victim fired a gun at the
accused without the latter’s provocation. His testimony is admissible.
a. True b. False c. Sometimes true

35. In a prosecution for homicide, the witness swears that the accused killed the victim because his
truthful boyfriend told him so. The testimony is admissible.
a. True b. False c. Sometimes true

36. The warrantless search is justified only if it were conducted first prior to a lawful arres
a. True b. False c. Sometimes true

37. The concept of relevance is clearly one of logic.

a. True b. False c. Sometimes true

38. The test of competence is the ___________.

a. logic b. law or the rules c. reasoning d. wisdom

39. The test of relevance is ______________.

a. logic and common sense b. law or the rules c. reasoning d. wisdom
40. The ultimate objective of the rules of evidence is to render justice by arriving at the truth of a matter
in dispute.
a. True b. False c. Sometimes true

41. A case is won or lost depending upon how effective was the presentation of evidence, particularly as
to what evidence were presented and how they were presented.
a. True b. False c. Sometimes true

42. Parties should be allowed a certain latitude in the presentation of their evidence otherwise they might
be so hampered that the ends of justice may eventually be defeated or appear to be defeated. The court
should limit the evidence to be presented.
a. True b. False c. Sometimes true

43. The witness must appear in person so that the court and the opponent may _________ him and hear
his testimony
a. see b. interview c. observe d. none of the above

44. Personal presence of a witness can be substituted by the submission of written statements or audio
testimony
a. True b. False c. Sometimes true

45. Courts of the Philippines are considered sometimes courts of record.

a. True b. False c. Sometimes true

46. The obligation of a witness is to answer all questions which are asked of him. He __________choose
which questions to answer and to answering others.
a. may b. can c. cannot d. none of the above

47. This is confined to matters subject of the re-direct examination.

a. cross examination b. re-cross examination c. preliminary examination d. none of the
above

48. This is to afford the party calling the witness to explain or amplify the testimony given on cross-
examination; to explain apparent contradictions, or inconsistencies, and to rehabilitate the testimony.
a. cross examination b. re-cross examination c. re-direct examination d. none of the above

49. ______________is both a weapon to destroy or weaken the testimony of the opponent’s witness and
a tool to build up or strengthen a party’s case. Such conduct must always be directed towards achieving a
specific purpose or purposes.
a. cross examination b. re-cross examination c. re-direct examination d. none of the above

50. This is the only opportunity for the proponent to elicit from the witness all the facts which are
important and favorable to him. The witness should be considered as a sponge heavy with facts. By the
time it is over, all favorable facts should have been squeezed from the witness. This kind of examination
must be clear, forceful, comprehensive, and must efficiently present the facts of the case.
a. cross examination b. re-cross examination c. re-direct examination d. direct examination

Test II. Enumeration

1. Enumerate in order the ORDER OF EXAMINATION OF A WITNESS (4pts)

2. Enumerate the ORDER OF PRESENTATION OF EVIDENCE (4pts)
3. Two grounds to disqualify a witness (2pts)

Prepared by: JULIETO I. RESUS, LLB Noted by: AIZA P. SUMALAPAO, RCrim
Instructor OIC, Criminology Program