Académique Documents
Professionnel Documents
Culture Documents
College of Law
Evidence S.Y. 2010-2011
a. Special Laws
b. Rules of Court
c. Constitution
d. 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. Administrative proceedings
b. Quasi-judicial proceedings
c. Judicial proceedings
d. All of the above
4. This is the presentation in open court the evidentiary articles for the observation or
inspection of the tribunal:
a. Automatic proference
b. Autoptic preference
c. Ocular inspection
d. Autoptic proference
a. In an ocular inspection
b. At a place designated by the court
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c. Open court
d. All of the above
6. Kind of evidence which is considered under the Rules as the best evidence:
a. Positive evidence
b. Prima fascie evidence
c. Primary evidence
d. Presumptive evidence
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. Positive Evidence
b. Corroborative Evidence
c. Circumstantial Evidence
d. 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. Conclusive Evidence
b. Circumstantial Evidence
c. Cumulative Evidence
d. 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?
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?
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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?
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.
a. Collateral evidence
b. Inference
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c. Legal evidence
d. Circumstantial evidence
e. Discretionary evidence
a. Evidence
b. Admissibility and inadmissibility
c. Relevancy and competency
d. Probability and improbability
e. 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?
19. Evidence though not entirely related to the fact in issue but if sufficient could
determine the guilt or innocence of the accused.
a. Documentary evidence
b. Circumstantial evidence
c. Testimonial evidence
d. Object Evidence
e. 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?
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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.
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
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.
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e. Only statement number 3 is true
24. No evidence shall be admissible other than the original document itself except in the
following cases:
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
27. May a private document be offered and admitted in evidence both as documentary
evidence and as object evidence?
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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
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.
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
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a. All statements are true
b. All statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. 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.
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?
d. Diligence and good faith in the search for or attempt to produce the
original
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33. When the original document is unavailable, secondary evidence may be admissible in
evidence.
ii. By the recital of the contents of the original document in some authentic
document
34. A party who calls for the production of a document and inspects the same is
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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.
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.
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.
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.
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:
b. The failure of the written agreement to express the true intent and
agreement of the parties thereto.
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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.
41. Among various evidentiary rules, it has a direct application to contracts which the
parties have decided to set forth in writing.
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?
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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?
45. Mistakes under the exception to introduce parol evidence refer to:
46. Parol evidence may be admissible to the court when there is latent or intrinsic
ambiguity in the writing. Latent ambiguity means:
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. Latent ambiguity
b. Imperfection
c. Mistake
d. 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:
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d. It is a waste of time and money
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. Interpret according to the legal meaning it bears in the place of its execution
b. Interpret according to the legal language
c. Construe in accordance with the formalities of contract
d. None of the above
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. His age
b. Observation skill
c. Ability to recollect
d. Communications skill
e. His physical capacity
a. Mental aberration
b. Induced by drugs
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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:
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. I is true
b. II is true
c. Both are true
d. Both are false
56. I: Marital disqualification rule applies only when the marriage is valid as of the time
testimony is offered.
a. I is true
b. II is false
c. I and II are false
d. I and II are true
e. 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. Only I is false
b. Only I is true
c. Only II is true
d. Only II is false
e. Both are false
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62. Which of the following statements is false?
63. For the disqualification by reason of the marital privilege to apply, it is necessary
that:
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. Statement 1 is true
b. Statement 2 is true
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c. Statement 1 is false
d. Statement 1 and 2 are false
e. Statement 1 and 2 are true
67. The disqualification due to privilege communications between ministers or priest and
penitents requires that:
68. The publisher of any newspaper of general circulation cannot be compelled to reveal
the source of any news report or information unless:
a. Required by law
b. Ordered by the court
c. Demanded by the State
d. A and B
e. All of the above
69. Where no public interest would be prejudiced, this rule does not apply
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a. Dead Man Statute
b. Attorney-Client Privilege
c. Disqualification by reason of marriage
d. Disqualification by reason of marital privilege
e. None of the above
a. Confession
b. Declaration
c. Admission
d. Acknowledgment of facts
73. Circumstances when such may be received in evidence against the offeror:
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c. Attempt of the parents of the accused (of rape) to settle the case
with the complainant (victim).
c. Such declaration must have been made during the existence of the
partnership or agency.
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:
77. The extrajudicial admissions made by a conspirator may be used against his co
accused when:
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b. Made during trial
a. Verbal
b. Written
c. Express or tacit
81. Which of the following is a requisite for the admission by privies to be admissible?
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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.
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.
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.
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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:
b. Admission by privies
c. Admission
d. Confession
a. Oral
b. In writing
c. Under oath
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d. Need not be under oath
e. a, b and d
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.
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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.
c. Admission rule.
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.
a. An investigator
b. A corporation
c. The offended party
d. A news reporter
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93. A confession illegally obtained from two of the accused are not admissible against:
a. Both accused
b. A third accused
c. Both a & b
d. 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:
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.
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b. If rejected without valid cause
c. Both a & b
d. 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. 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?
101. After a dying declaration is proved and admitted, its credibility and weight is
determined by:
a. the courts
b. the evidences presented and admitted
c. the Supreme Court
d. the pleadings
e. the witnesses
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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.
104. The following are the requisites of a declaration against interest, except:
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
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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?
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
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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:
111. Common reputation which means general reputation may be admitted as evidence to
prove.
113. Res gestae refer to statement made by a person which refers to.
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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. Primary evidence
b. Secondary evidence
c. Evidence as an exception to the Hearsay Rule.
d. Memorandum to refresh the entrant’s memory.
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.
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c. The person acted upon instruction of the authorized public officer.
d. The person had made the entries in good faith.
a. Relevant evidence.
b. Conclusive evidence
c. Documentary evidence.
122. Evidence of statements contained in the list, register, periodical and other published
compilation is admissible when.
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a. Must be testified by an expert witness
c. Depends if published
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
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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.
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.
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.
c. No basis
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d. No, unless proper basis is given
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.
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
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a. On the matter requiring special knowledge, skill, experienceor
training which he possesses, that is, when he is an expert thereon.
b. A person may have handled one or more substances which give the
same positive reaction for nitrates, such as explosives and fireworks.
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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?
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 ________________.
d. The testimony was elicited and voluntarily made without any kind
of inducement.
d. The matter to be testified to is one that requires expertise and the witness id
qualified as an expert.
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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
b. Yes, if there are facts within his knowledge which may help the
court in the determination of the issue.
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________________.
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d. The opinion of a handwriting expert cannot overcome the positive
testimony of the notary public.
a. Conclusive proof
b. Refutable presumption
c. Prima facie evidence
d. Corrobative evidence
e. Credible evidence
a. Quantum of evidence
b. Suppression of evidence
c. Sur-rebuttal evidence
d. Rebuttal evidence
e. Newly discovered evidence
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e. Final judgment in criminal cases: substantial evidence
a. Rebuttal evidence
b. Bogus evidence
c. Suppression of evidence
d. Clear and convincing evidence
e. Evidence beyond reasonable doubt
a. Does not shift as it remains throughout the trial with the party upon
whom it is imposed
b. Determined by the pleadings filed by the part
c. Shifts from party to party depending upon the exigencies of the case in
the course of the trial
d. Is not determined by the developments at the trial
e. Is on the party who would be defeated if no evidence were given on
either side
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148. Affirmative allegation
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
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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.
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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
a. Disputable presumptions
b. Conclusive presumptions
c. Burden of proof
d. Presumption of law
e. Presumption of fact
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d. That a person intends the ordinary consequences of his voluntary
act.
e. That an unlawful act was done with an unlawful intent.
a. Burden of proof
b. Disputable evidence
c. Conclusive evidence
d. Presumption of fact
e. Presumption of law
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161. In the execution of a deed (contract) to convey ownership of realty, there is/are
presumed existence of:
a. Valuable consideration
b. Bonafide sale
c. Fictitious sale
d. Transfer of title
e. All of the above
162. Endorsement of negotiable instrument made by payee or indorsee without date, there
is a presumption of:
163. The presumption that a letter duly directed was mailed and received in the regular
course of mail is based on:
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. Habit
b. Course of dealing
c. Conduct and declaration
d. Induced whom they dealt with to consider them as partners
e. All of the above
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a. Illegality
b. Violation of statute
c. Against legality
d. Non-compliance of the law
e. All of the above
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
a. Conclusive
b. Absolute
c. Disputable
d. Rebuttable
e. All the above
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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. I only
b. II only
c. I and II
d. None of the above.
173. What are the instances may the Supreme Court authorized affidavits and counter-
affidavits be admitted in lieu of oral testimony?
a. Ejectment case
b. Violation of traffic laws
c. Violation of rental laws
d. All of the above
174. The following are the rights and obligations of a witness except:
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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
176. It is evidence made out of court and is excluded on the same ground as hearsay
evidence.
a. Relevant evidence
b. Deposition
c. Circumstantial evidence
d. Self-serving evidence
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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
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:
182. Upon the conclusion of the re-direct examination, the adverse party may re-cross
examine the witness:
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:
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184. Leading question is not allowed, except
a. On cross-examination
b. On preliminary matters
c. Of an unwilling or hostile witness
d. Of a witness who is an adverse party
e. 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. Presumption
b. Misleading question
c. Assumption
d. Leading question
e. None of the above
186. Testimony on direct examination elicited through leading questions of counsel for
the proponent has:
a. Contradictory evidence
b. Evidence of bad character
c. Evidence of prior inconsistent statements
d. Evidence of bias, interest, prejudice or incompetence
e. All of the above
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189. After the examination of a witness by both sides has been concluded, the witness
cannot be recalled:
190. It is the examination-in-chief of a witness by the party presenting him on the facts
relevant to the issue:
a. Cross-examination
b. Direct examination
c. Re-cross examination
d. Re-direct examination
e. None of the above
1. On cross-examination
2. On preliminary matters
a. Number 1 is correct
b. Number 2 is correct
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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
d. Only b is correct
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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
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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
201. Generally, what must be done before a private document can be received into
evidence?
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?
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209. What is the rule with regards to alterations appearing on documents?
210. A party presented before the court a death certificate to prove the deceased’s
a. Cause of death
b. Date of death
c. Date of birth
d. Actual Residence
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. Statement 1 is true
b. Statement 2 is true
c. Statement 1 and 2 are true
d. Statement 1 and 2 are false
e. Statement 1 is false
215. Documents that may have been marked as exhibits during hearing cannot be
considered as evidence provided
216. Documents that may have been marked as exhibits during the hearing
a. Is admissible as evidence
b. But not formally offered cannot be considered as evidence
c. But which were formally offered can be considered as evidence
d. But not formally offered can be considered as evidence
e. 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
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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:
e. Contradictory evidence
f. Evidence of prior inconsistent statements
g. Evidence of bad character
h. Evidence of bias, interest, prejudice, or incompetence
i. Evidence of good moral character
221. Which of the following can the court take into consideration in determining the
weight of the testimony?
222. Under Section 2, Rule 133, proof beyond reasonable doubt means
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d.
e. Degree of proof that requires moral uncertainty
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.
a. I and III
b. I, II and IV
c. I and IV
d. I, II, III and IV
f. His integrity
g. His disposition
h. His intention to tell the truth
i. His biased interest
II: The conviction of an accused may be based on the testimony of one witness alone
provided such testimony is unclear and unconvincing,
a. I is true
b. II is true
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c. I is false
d. II is false
e. Both are false
II: Inconsistencies in the testimonies on significant details do not affect the credibility
as to material points.
a. I is true
b. II is true
c. I and II are true
d. 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. Notary public
b. Subscribing witness
c. A person who had saw the will being executed
d. The testator
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231. The testimony of an interested witness has the effect of
a. Preponderance of evidence
b. Direct evidence
c. Proof beyond reasonable doubt
d. Clear and convincing evidence
e. Burden of proof
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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
237. Which of the following factors do NOT affect the probative weight of the testimony
of a witness?
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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.
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.
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.
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244. Circumstantial evidence is insufficient when:
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.
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248. Which one is correct?
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?
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Answers
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48 A 98 B 148 B 198 D 248 A
49 A 99 C 149 E 199 D 249 A
50 A 100 B 150 B 200 B 250 D
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