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RULE ON EVIDENCE

MCQ EXERCISES

1. The declaration of an accused


acknowledging his guilt of the
offense charged, or of any offense
necessarily included therein, which
may be given in evidence against
him is called
a. Judicial admission
b. Confession
c. Res Gestae
d. Declaration against interest

2. The rule which states that when a part of an


act, declaration, conversation, writing or record
is given in evidence by one party, the whole of
the same project may be inquired by the other,
and when a detached act, declaration,
conversation, writing record is given in evidence
by one party, any other act, declaration,
conversation, writing or record necessary to its
understanding may also given in evidence is
called

a. Best Evidence Rule


b. Theory of invisibility of the Evidence
c. Parol Evidence Rule
d. Principle of Falsa Demonstratio non nocet
cum de corpora constat

3. Evidence of the moral character of a


party in a civil case is admissible only when

a. It tends to establish the probability or


improbability of the offense charged.
b. It is necessary to establish his claim or
defense by the amount of evidence required
by law.
c. It is pertinent to the moral trait involved
in the offense charged.
d. It is pertinent to issue of character
involved in the case.

4. It is the right of the witness not to given


an answer which will tend to degrade his
reputation unless

a. He is also a witness to a party`s previous


final conviction for an offense.
b. He is to be re-examined by the party
calling him to explain or supplement his
answers given during the cross-examination.
c. It be to the very fact at issue or to a fact
from which the fact in issue would be
presume.
d. It is otherwise provided by law.

5. When is documentary
evidence offered?
a. At the pre-trial conference.
b. After the presentation of the
testimonial evidence.
c. At the time of pre-marking.
d. Before the witness testifies.

6. Court should take judicial


notice of the following except:

a. Amnesty granted to a convict


b. Quezon City is in the National
capital Region
c. The Geneva Convention
d. California laws

7. The Judicial Affidavit Rule is not


applicable in:

a. Actions involving the contract of


marriage and marital relations.
b. Recovery of a sum of money in the
amount Php10, 000.00.
c. Civil cases involving a minor.
d. A petition for the issuance of a writ
of habeas corpus.

8. The Rules on Electronic


Evidence shall apply to:

a. A rape case involving a minor


victim
b. Declaration of nullity of
marriage
c. Quas- judicial cases
d. B and C

9. Judicial affidavit shall take the place


of:
a. Lulu`s testimony during the crossexamination.
b. Lily`s direct testimony in a case for
the declaration of nullity marriage.
c. Lala`s direct testimony in a case for
the recovery of Php50, 000.00 owned by
Lulu under a contract of lease.
d. Lila`s testimony in the re-direct
examination conducted by Atty. Lilo

10. When may secondary evidence be


admitted as evidence?

a. When a Lot A`s original Certificate of


Title was destroyed by fire.
b. B executed an Affidavit of Loss and
made it appear that C took the document.
c. D failed to produce the promissory note
despite notice and proof existence by E.
d. When the original contract of lease was
lost

11. A witness can testify only to those


facts which he knows of his own personal
knowledge except where:

a. F`s testimony involves the date of birth


of his neighbor, G.
b. B is to testify an C`s plans of running for
public office two days before the latter`s
death in an ambush.
c. X testifies that he saw Y kill Z but failed
to returned to court for cross-examination.
d. None of the above.

12. Which of the following is inadmissible due


to the rule on privileged communication?

a. X`s testimony regarding her husband`s


infidelity in a case for declaration of nullity of
marriage.
b. Atty. A`s testimony narrating how his client,
B, confessed to the killing of C.
c. X testifies that her husband, Y, raped their
child, Z.
d. The priest`s testimony pertains to Y`s
confessions after obtaining the latter`s consent.

13. What is the effect if evidence is


not offered?

a. The court may consider it if it was


marked.
b. The court may consider it if it was
subject to cross-examination.
c. The court will not consider it.
d. The court may choose to consider
it.

14. The rule that states that the rights


of a party cannot be prejudiced by an
act, declaration, or omission of another
is called:

a. Res gestae
b. Res ipsa loquitur
c.Res judicata
d. Res inter alios acta

15. In a civil case, Summer was made a witness to prove


the existence of a contract of sale of a parcel of land
entered into by her deceased husband Tom during his
lifetime. The counsel for the opposing party questioned
the competence of Summer to take the witness stand
invoking the marital disqualification rule decide:

a. The objection should not be sustained because


Summer is not a party to contract subject of the civil
case.
b. The objection should be sustained because Summer
and Tom legally married.
c. The objection should not be sustained because the
marital privilege rule under Section 22 of Rule 130
applies only when the marriage is existing at the time of
the giving of testimony.
d. The objection should be sustained because the rule on
marital disqualification under Section 22 of Rule 130
binds Summer from testifying for her husband.

16. Two weeks after successful robbery the house


of a famous writer, Alex was arrested. During a
radio interview, he admitted his participation in
the robbery and implicated three others, namely,
Dim, Pete and georgie as his other companions
in planning and executing the robbery. Decide on
the admissibility of A`s statement.
a. Alex`s statement is admissible as to him but
not to Dim, Pete and Georgie.
b. Alex`s statement is admissible to him and to
Dim, Pete and Georgie as well.
c. Alex`s statement is neither admissible to him
nor to Dim, Pete and Georgie.
d. Alex`s statement is not admissible as to him,
but admissible against Dim, Pete and Goergie.

17. To prove that Leia stabbed her Husband


Han Solo, Luke testified that he heard C3PO
running down the street, shouting excitedly,
Sinaksak dawn ni Leia ang asawa nya! (I
heard that Leia is stabbing her husband) is
C3PO`s statement as narrated by Luke
admissible?

a. No, since the startling event had passed.


b. Yes, as part of the res gestae.
c. no, since the excited statement itself
hearsay.
d. Yes, as an independently relevant statement.

18. Tom was charged with serious physical


injuries. During trial, Tom`s attorney calls Tereza
to the stand. Tom`s attorney ask Tereza: what is
the reputation for honesty and veracity that Tom
has in your community? Is this question proper?

a. Yes, because the testimony of reputation


evidence is admissible under these circumstances
to establish a character trait.
b. Yes, because Tom`s character traits were put in
issue by the filing of the charge.
C. Yes, because the testimony is hearsay, but falls
into a recognized exception for character and
reputation evidence.
d. No, because the evidence being offered
through Tereza`s testimony is not relevant to any
material issue in the case brought against him.

19. Rosalinda is the illegitimate child of Don Fernando.


Her mother was then a housemaid in the latter`s
hacienda. She had pictures taken with the Don`s family
during reunion and Christmas dinners even when she was
still a child. On such occasions, she was also introduced
as the Don`s daughter. Thereafter, her father stopped
supporting her and even denied her as his daughter. So
Rosalinda was constrained to prove her illegitimate
filiation through family reputation or tradition regarding
pedigree. May she avail of said evidence?

a. Yes. Under the Family Code, an illegitimate child may


prove her illegitimate filition by any other means allowed
by the Rules of Court and special laws.
b. No. it must be established by the record of birth
appearing in the civil register or a final judgment.
c. No. it must be established by an admission of
legitimate filiation in a public document or a private
handwritten instrument and signed by the parent
concerned.
d. No. it must be established by the open and continuous
possession of the status of a legitimate.

20. Amanda Thripp sued Bruce Bogtrotter for injuries that she
suffered when Bruce`s bicycle collided with her. The issue is
whether Bruce was riding his bicycle on the correct of the
roadway. Amanda wants to introduce a photograph that shows
that Bruce was riding his bicycle on the wrong side of the wrong
side of the road. Bruce objects to the introduction of the
photograph.

The photograph is:


a. Admissible, because Bruce can cross-examine Amanda as
to accuracy of the photograph.
b. Admissible, if there is testimony offered showing the
photograph to be an accurate representation scene of the
accident.
c. Inadmissible, unless the photographer testifies to the
accuracy of the photograph.
d. Inadmissible, unless the photograph was taken by an
investigative agent at the accident scene.

21. In a murder case against Ned, the


prosecution presented Rob as one of it witnesses
to establish motive of Ned`s part in killing Tywin.
According to him, he heard Tywin reporting to
their boss that Ned stole money and some
products from the company. Is Rob`s testimony
admissible in evidence?

a. No, it is a collateral matter thus admissible.


b. Yes, a collateral matter is always a
circumstantial evidence.
c. Yes, a collateral matter can be considered as
direct evidence.
d. No, a collateral matter cannot be considered
as direct evidence

22. Lea filed a rape case against Leo. During his arraignment,
Leo entered a plea of guilty and the court convicted him.
However, days after realizing the gravity of the punishment
ahead of him, he changed his mind. He withdrew his plea of
guilty and entered a plea of not guilty. Thereafter, the
prosecution made use of his withdrawn plea of guilt as evidence
to show that the accused committed the crime charged. Is the
prosecution`s offer of Leo`s withdrawn plea valid?

a. No. under the Rules of Criminal Procedure, the court cannot


allow the accused to withdraw a plea of guilt if there is already a
judgment of conviction.
b. Yes. In a criminal case, a withdrawn plea of guilt can be used
as circumstantial evidence to prove the guilt of the accused.
c. No. in a criminal case, a withdrawn plea is not admissible in
evidence in any manner.
d. Yes. A withdrawn plea of guilt is a direct evidence to prove
the guilt of the accused.

23. Maria is a star witness in a murder case against senator


Pong. Fearing for her life, she executed and submitted to court
of judicial affidavit in lieu of her testimony court. Judge Ping,
however did not admit said document. He ordered Maria`s
presence in court in the next scheduled hearing. Is Judge Ping
correct?

a. Yes. The Judicial affidavit Rule shall not apply where the
accused agreed to the use of the as in the present case where
the defense did not raise any objection.
b. No. under Section 1 of the Judicial Affidavit Rule, the Rule
shall apply to all actions, proceeding and incidents before the
Regional Trial Court.
c. Yes. The Rule on Judicial affidavit does not apply where the
maximum impossible penalty exceed six years.
d. No. the Judicial Affidavit Rule shall apply where the accused
agreed to the use of judicial affidavits irrespective of the
penalty involve.

In an action for the recovery of a sum on money, the


original promissory note was presented in court. The
plaintiff contended that the respondent is in default
because the period stated in the note has already lapsed.
It was thereafter authenticated by X who is familiar with
the respondent`s signature. The respondent`s counsel, on
the other hand, countered that X`s testimony should not
be admitted because he is not privy to the contents of the
document. Is he correct?

a. Yes. A did not see the promissory note executed or


written.
b. Yes. The subject of inquiry pertains to the contents of
the promissory note and A has no knowledge on the said
matter.
c. No. the present case does falls into the exceptions of
the Best Evidence Rule.
d. No. handwriting of a person may be proved by any
witness who acquired knowledge of the handwriting of
such person

25. Nene, a twelve-year old child, is a witness in a


robbery case against Nilo. During the trial, Nilo`s
counsel objected to the qualification of Nene as a
witness. Is the objection valid?

a. No. under the Rule on Examination of a child


witness, there is a presumption that a minor is a
qualified witness.
b. Yes. Every counsel has the right to assail
qualification of witnesses presented by the adverse
party.
c. No. all persons who can perceive and make
known their perception to others may be witnesses
and a twelve-year old can already perceive.
d. Yes. A litigant who has doubt on the ability of a
child-witness may assail the latter`s qualification
through a competency examination.