Evidence By Charlemagne James P. Ramos

QUESTION AND ANSWER INCRIMINAL LAW AND JURISPRUDENCE

By: Charlemagne James P. Ramos

1. Under the rule of examination of a child witness,testimony of a child is _______ to support a finding offact, conclusion or judgement subject to standard proofrequired in criminal and non‐criminal cases.A. sufficientB. credibleC. corroboration is not requiredD. all of the above

2. Mr. X was shot with .45 pistol after 2 hours. He was visited by Mr. Y at the hospital where he was immediately brought before treatment of the gunshot wound. Mr. X told Mr. Y that it was Mr. Z who shot him. Forwith, Mr. Y who is a law graduate took the initiative of taking down in long hand the statement of Mr. X who narrated the events surrounding ad the categorically stated that it was Mr. Z who shot him. Ten days after Mr. X died as the consequence of the gunshot wound. The statement of Mr. Y may be received evidence as?A. part of res gestaeB. dying declarationC. A and B is correctD. none of the above

3. the rules on electronic evidence applies to A. quasi‐judicial proceedingsB. civil ations and proceedingC. administrative casesD. all of the above

4. in criminal cases, the factum probandum for theprosecution of the crime of theft that the prosecutionmust prove beyond reasonable doubt constitutes:A. that there be personal property belonging to anotherB. that there is unlawful taking of that propertyC. that the taking is with intent to gainD. all of the above

5. This defense is viewed with disfavour as it can beconcocted an commonly used as defense in mostprosecution arising from the violations of dangerousdrugs actA. defense of frame upB. defense of alibiC. self‐defenseD. denial

6. The presentation of the informant in illegal drugcases is not indispensible for a successful prosecution.A. partially trueB. partially falseC. trueD. false

7. Under this doctrine of admissibility, it allows a partyto introduce otherwise inadmissible evidence to answerthe opposing party’s previous introduction ofinadmissibility evidence. If it would remove any unfairprejudiced caused by the admission of the earlierinadmissible evidence.A. curative evidenceB. conditional evidenceC. multiple admissibilityD. rules on admissibility

8. Under this doctrine, foreign laws must be alleged andproved. In the absence of proof, the foreign law willpresumed to the same as the laws of the jurisdiction.A. processual presumptionB. French ruleC. presumption of innocenceD. due process of law

9. The testimony of X that he saw Y hack A with a boloand the testimony of Z that he indeed saw Y strike thevictim with the bladed weapon. The testimony of X andZ is what kind of evidence?A. cumulative evidenceB. positive evidenceC. testimonial evidenceD. all of the above

10. Evidence obtained in violation of Anti‐wiretappinglaw (RA 4200) shall not be admissible in evidence inwhat proceedings?A. judicial and quasi‐judicialB. legislativeC. administrative hearing or investigationD. all of the above

11. According to the laws of the land, of the fact in issuein a cause, for the purposes of determining such issueA. indictmentB. judgmentC. arraignmentD. trial

12. The ultimate fact sought to be established maybe ascertained in:A. pleading submitted by the partiesB. pre‐trial orderC. issued are tried with the express or implied

consent of the partiesD.all of the above

12. The ultimate fact sought to be established maybe ascertained in:A. pleading submitted by the partiesB. pre‐trial orderC. issued are tried with the express or implied

consent of the partiesD.all of the above

13. Evidence when not required exceptA. question of law B. question of factC. judicial noticeD. judicial admission

14. This is not absolute rule of law and is not strictlyapplied in our jurisdiction. This doctrine means that ifthe testimony of a witness on a material issue is willfullyfalse and given with intention to deceive, the jury maydisregard all witness’ testimony.A. the fruit of poisonous treeB. false in one thing , false in everythingC. doctrine of processual presumptionD. due process of law

15. Delayed reporting by witness of what they knowabout a crime renders their testimony false orincredible.A. trueB. falseC. partially falseD. partially true

16. Negative testimony normally enjoys more weightthan a positive testimonyA. TrueB. FalseC. partially trueD. partially false

17. P claims to have been injured by the negligence of Dwho denies having been negligent, the negligence of Dand the casual connection between such negligence andthe injuries of P taken as a whole of the suit constitutesA. factum probansB. factum probandumC. a and b is correctD. none of the above

18. Unless the witness is incapacitated to speak, the answer of the witness shall be givenA.by affidavitB. in open courtC. orallyD. in writing

19. In court proceedings, examination of witnessmeans:A. to be examined by a physician in courtB. to interrogate a person in the witness standC. to determine his capacity to speakD. to be given a test before hearing

20. A misleading question is one which:A. is wrong in grammarB. assumes a fact not yet testified to by the witnessC. is impertinent to the issueD. suggest the answer which the examining party

desires

20. A misleading question is one which:A. is wrong in grammarB. assumes a fact not yet testified to by the witnessC. is impertinent to the issueD. suggest the answer which the examining party

desires

21. Extrajudicial confession made by the accused isA. sufficient if corroborated by corpus delictiB. not sufficient ground for convictionC. sufficient ground for convictionD. all of the above

22. For the purpose of their presentation inevidence, documents are eitherA. public or privateB. affidavit or sworn statementC. handwritten or type writtenD. all of the above

23. Unless a different period is allowed by thecourt, an offer of evidence in writing shall beobjected _______A. evidence in writingB. evidence offered orallyC. as soon as the grounds become apparentD. objections must be specified

24. It refers to worthiness of belief, that qualitywhich renders a witness worthy of beliefA. credibilityB. admissibilityC. competencyD. relevancy

25. It exists when the drug is under the dominationand control of the accused or when he has theright to exercise domination and control over theplace where it is found.A. actual possessionB. constructive possessionC. illegal possessionD.all of the above

26. Under sec 7 of the human security act, the provision of R A4200 notwithstanding, a ___________ may listen to, interceptand record, any communication, message, conversation,discussion, or written or spoken words between the followingmembers of judicially declared outlawed terrorist organization,or group of person or of any person charged with or suspectedof the crime of terrorism or conspiracy to commit terrorism.

A. police officersB. law enforcements officialsC. a and b is correctD. none of the above

26. Under sec 7 of the human security act, the provision of R A4200 notwithstanding, a ___________ may listen to, interceptand record, any communication, message, conversation,discussion, or written or spoken words between the followingmembers of judicially declared outlawed terrorist organization,or group of person or of any person charged with or suspectedof the crime of terrorism or conspiracy to commit terrorism.

A. police officersB. law enforcements officialsC. a and b is correctD. none of the above

27. Waiver of the rules of evidence, under the civil codeof the Philippines (art 6) rights may be waived, unlessthe waiver is contrary to

A. law and public orderB. public policy and moralsC. good customs or prejudicial to a third person with

a right recognized by lawD. all of the above

27. Waiver of the rules of evidence, under the civil codeof the Philippines (art 6) rights may be waived, unlessthe waiver is contrary to

A. law and public orderB. public policy and moralsC. good customs or prejudicial to a third person with

a right recognized by lawD. all of the above

28. This term connotes an absence of a direct connectionbetween the evidence and the matter in dispute, it is aparallel or diverging line merely additional or auxiliary

A. corroborativeB. negativeC. cumulativeD. collateral

28. This term connotes an absence of a direct connectionbetween the evidence and the matter in dispute, it is aparallel or diverging line merely additional or auxiliary

A. corroborativeB. negativeC. cumulativeD. collateral

29. A party may make judicial admission inA. the pleadingsB. during the trial, either by verbal or written

manifestation or stipulationsC. in other stages of the judicial proceedingsD. all of the above

29. A party may make judicial admission inA. the pleadingsB. during the trial, either by verbal or written

manifestation or stipulationsC. in other stages of the judicial proceedingsD. all of the above

30. A mistake that is clear to the mind or plain to see, itis mistake that is readily perceived by the senses or themind that would relieve a party from the effects of hisadmission.

A. culpableB. palpableC. believableD. inevitable

30. A mistake that is clear to the mind or plain to see, itis mistake that is readily perceived by the senses or themind that would relieve a party from the effects of hisadmission.

A. culpableB. palpableC. believableD. inevitable

31. Offer of compromise is not admissibleA. in civil casesB. in criminal cases, except those involving quasi‐

offenses or those allowed by law to becompromised

C. a plea of guilty later withdrawn, or an unacceptedoffer of plea of guilty to a lesser offense

D. an offer to pay or the payment of medical, hospitalor other expenses occasioned by an injury

31. Offer of compromise is not admissibleA. in civil casesB. in criminal cases, except those involving quasi‐

offenses or those allowed by law to becompromised

C. a plea of guilty later withdrawn, or an unacceptedoffer of plea of guilty to a lesser offense

D. an offer to pay or the payment of medical, hospitalor other expenses occasioned by an injury

32. Is an act, declaration or omission of a party to arelevant fact, it is a voluntary acknowledgement madeby a party of the existence of the truth of certain factswhich are inconsistent with his claim in an action.

A. confessionB. admissionC. declaration against interestsD. all of the above

32. Is an act, declaration or omission of a party to arelevant fact, it is a voluntary acknowledgement madeby a party of the existence of the truth of certain factswhich are inconsistent with his claim in an action.

A. confessionB. admissionC. declaration against interestsD. all of the above

33. Mr. A in his Counter‐affidavit declares that heperformed an act like shooting the victim but deniesthat he did so with criminal intent because the shootingwas done in self‐defense, the declaration of Mr. A is

A. confessionB. admissionC. declaration against interestD. all of the above

33. Mr. A in his Counter‐affidavit declares that heperformed an act like shooting the victim but deniesthat he did so with criminal intent because the shootingwas done in self‐defense, the declaration of Mr. A is

A. confessionB. admissionC. declaration against interestD. all of the above

34. This admission occurs when a person manifest his assent to the statement of other person.

A. adoptive admissionB. extra‐judicial confessionC. judicial confessionD. offer of compromise

34. This admission occurs when a person manifest his assent to the statement of other person.

A. adoptive admissionB. extra‐judicial confessionC. judicial confessionD. offer of compromise

35.‐37The mutilated cadaver of a woman was discovered near the creek,due to witnesses attesting that he saw the last person seen withthe woman when she still alive was Carlito, Carlito was arrestedwithin 5 hours after the discovery of the cadaver and brought tothe police station. The crime laboratory determined that thewoman had been raped. While in police custody, Carlito brokedown in the presence of his assisting counsel and orally confessedto the investigator that he had raped and killed the woman,detailing the acts he had performed up to his dumping the bodynear the creek. He was genuinely remorseful. During the trial, thestate presented the investigator to testify on the oral confession ofCarlito.

35. Oral confession of Carlito is?A. admissible evidence of guiltB. inadmissible evidence of guiltC. sufficient to support convictionD. insufficient to support conviction

36. The oral confession of Carlito while in the policecustody is

A. judicial admissionB. judicial confessionC. extra‐judicial confessionD. all of the above

36. The oral confession of Carlito while in the policecustody is

A. judicial admissionB. judicial confessionC. extra‐judicial confessionD. all of the above

37. The witness attested that he saw the last personseen with the woman when she was still alive wasCarlito is?

A. direct evidenceB. prima facie evidenceC. demonstrative evidenceD. circumstantial evidence

37. The witness attested that he saw the last personseen with the woman when she was still alive wasCarlito is?

A. direct evidenceB. prima facie evidenceC. demonstrative evidenceD. circumstantial evidence

38. The silence of a person under investigation for thecommission of crime is

A. admission by silenceB. not an admission by silence because of the

constitutional mandatesC. extra‐judicial confessionD. confession

38. The silence of a person under investigation for thecommission of crime is

A. admission by silenceB. not an admission by silence because of the

constitutional mandatesC. extra‐judicial confessionD. confession

39. It literally means that things done between strangersought not to injure those who are not parties to them.

A. falsus in umo, falsus in omnibusB. res inter alios acta nocre non debetC. actus me invito factus non est meus actusD. actus non facit reum nesi mens sit rea

39. It literally means that things done between strangersought not to injure those who are not parties to them.

A. falsus in umo, falsus in omnibusB. res inter alios acta nocre non debetC. actus me invito factus non est meus actusD. actus non facit reum nesi mens sit rea

40. Person who are partakers or have an interest in anyaction or thing, or any relation to another

A. priviesB. conspiratorC. co‐partnerD. agent

40. Person who are partakers or have an interest in anyaction or thing, or any relation to another

A. priviesB. conspiratorC. co‐partnerD. agent

41. Evidence that tends to show what a person has donea similar act at another time is probative of thecontention that he has done a similar act at anothertime.

A. propensity evidenceB. demonstrative evidenceC. character evidenceD. demeanor evidence

41. Evidence that tends to show what a person has donea similar act at another time is probative of thecontention that he has done a similar act at anothertime.

A. propensity evidenceB. demonstrative evidenceC. character evidenceD. demeanor evidence

42. The act, declaration or omission of a party as torelevant fact may be given in evidence against theofferor.

A. admission of a partyB. admission by the third partyC. confessionD. offer of compromise

42. The act, declaration or omission of a party as torelevant fact may be given in evidence against theofferor.

A. admission of a partyB. admission by the third partyC. confessionD. offer of compromise

43. An act or declaration made in the presence of andwithin the hearing or observation of a party who does orsays nothing when the act or declaration in such asnaturally to call for action or comment if not true, andwhen the act proper and possible for him to do so, maybe given in evidence against him.

A. admission by silenceB. admission by priviesC. admission by conspiratorD. admission by co partner or agent

43. An act or declaration made in the presence of andwithin the hearing or observation of a party who does orsays nothing when the act or declaration in such asnaturally to call for action or comment if not true, andwhen the act proper and possible for him to do so, maybe given in evidence against him.

A. admission by silenceB. admission by priviesC. admission by conspiratorD. admission by co partner or agent

44.An offer in writing to pay a particular sum of money or todeliver a written instrument or specific personal property is, ifrejected without valid cause, equivalent to the actualproduction and tender of the money, instrument or property.

A. unaccepted offerB. offer of compromise in civil casesC. offer of compromise in criminal casesD. offer to pay the payment of medical, hospital or other

expenses on occasioned by injury

44.An offer in writing to pay a particular sum of money or todeliver a written instrument or specific personal property is, ifrejected without valid cause, equivalent to the actualproduction and tender of the money, instrument or property.

A. unaccepted offerB. offer of compromise in civil casesC. offer of compromise in criminal casesD. offer to pay the payment of medical, hospital or other

expenses on occasioned by injury

45. Physical evidence ranks high in our hierarchy oftrustworthy evidence but where the physicalevidence runs counter to the testimonial whatshould prevail?A. physical evidenceB. testimonial evidenceC. a and b is correctD. none of the above

46. Under which categories of object evidencethus a caliber .45 pistol used in killing the victimfalls?A. unique objectsB. object just made uniqueC. non‐unique evidenceD.none of the above

47. Its purpose in establishing it is to guaranty thatthe integrity of the physical evidence and toprevent the introduction of evidence which is notauthentic.A. chain of custodyB. custodial investigationC. marking of evidenceD. all of the above

48.These are forms of communication refer to telephoneconversations, text messages, chatroom sessions,streaming audio, and other form of electroniccommunication, the evidence of which is not recorded orretained.

A. epheral electronic communicationsB. recordingsC. motion picturesD. electronic evidence

48.These are forms of communication refer to telephoneconversations, text messages, chatroom sessions,streaming audio, and other form of electroniccommunication, the evidence of which is not recorded orretained.

A. epheral electronic communicationsB. recordingsC. motion picturesD. electronic evidence

49. It refers to evidence other than the original instrumentor documents itself.

A. secondary evidenceB. best evidenceC. original evidenceD. primary evidence

49. It refers to evidence other than the original instrumentor documents itself.

A. secondary evidenceB. best evidenceC. original evidenceD. primary evidence

50. When carbon sheets are inserted between two ormore sheets of paper with the writing and the signatureon the first sheet being reproduced in the sheetsbeneath by the same stroke of the pen or writingmedium, all of the sheets are deemed?

A. original documentsB. secondary evidenceC. carbon copyD. mimeograph

50. When carbon sheets are inserted between two ormore sheets of paper with the writing and the signatureon the first sheet being reproduced in the sheetsbeneath by the same stroke of the pen or writingmedium, all of the sheets are deemed?

A. original documentsB. secondary evidenceC. carbon copyD. mimeograph

51. Original documents is one which:A. the contents are the subject of inquiryB. when the subject is in two or more copies are

executed at or about the same time, with identicalcontents

C. when an entry is repeated in the regular course ofbusiness, one being copied from another at or nearthe time of the transaction.

D. all of the above

51. Original documents is one which:A. the contents are the subject of inquiryB. when the subject is in two or more copies are

executed at or about the same time, with identicalcontents

C. when an entry is repeated in the regular course ofbusiness, one being copied from another at or nearthe time of the transaction.

D. all of the above

52. Among various evidentiary rules, it is rule thathas direct application to the law on contractsA. extrinsic evidence ruleB. evidence aluinde ruleC. parol evidence ruleD.all of the above

53. Under the evidence of written agreements a party may present evidence to modify, explain, or add to the terms of written agreement if he did not puts in issue in his pleadings:

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

C. the validity of the written agreement or the existence of the other terms agreed to by the parties of their successor in interest after the execution of the written agreement

D. none of the above

53. Under the evidence of written agreements a party may present evidence to modify, explain, or add to the terms of written agreement if he did not puts in issue in his pleadings:

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

C. the validity of the written agreement or the existence of the other terms agreed to by the parties of their successor in interest after the execution of the written agreement

54. These types of demonstrative evidence are presentedto indicate the relative locations or positions of objectspersons.

A. diagramsB. model sketchC. mapsD. all of the above

54. These types of demonstrative evidence are presentedto indicate the relative locations or positions of objectspersons.

A. diagramsB. model sketchC. mapsD. all of the above

55.Also refer as skiagraphs or radiographsA.motion pictureB. recordingsC. epheral electronic communicationD.x‐ray pictures

56. This embraces any notable fact in the life of amember of the family and includes relationship familygenealogy birth, marriage, death, the dates when andthe places where these facts occurred and the names ofrelatives.

A. cultureB. heritageC. inheritanceD. pedigree

56. This embraces any notable fact in the life of amember of the family and includes relationship familygenealogy birth, marriage, death, the dates when andthe places where these facts occurred and the names ofrelatives.

A. cultureB. heritageC. inheritanceD. pedigree

57.That degree of proof which produces conviction in anunprejudiced mind.

A. clear and convincing evidenceB. preponderance of evidenceC. substantial evidenceD. proof beyond reasonable doubt

57.That degree of proof which produces conviction in anunprejudiced mind.

A. clear and convincing evidenceB. preponderance of evidenceC. substantial evidenceD. proof beyond reasonable doubt

58. To which of the following types of evidence may thebest evidence apply

A. testimonialB. hearsayC. objectD. documentary

58. To which of the following types of evidence may thebest evidence apply

A. testimonialB. hearsayC. objectD. documentary

59. Which of the following types of evidence cannotstand on its own and must always be accompanied bythe testimonial evidence?

A. hearsayB. documentaryC. secondaryD. object

59. Which of the following types of evidence cannotstand on its own and must always be accompanied bythe testimonial evidence?

A. hearsayB. documentaryC. secondaryD. object

60. Which of the following need not proved in a case?A. judicial noticeB. judicial admissionC. presumption of lawD. all of the above

61. Demonstrative matters, government matters andnotoriety of facts are categories of subject of?

A. judicial admissionB. judicial cognizanceC. judicial mandatoryD. judicial discretion

61. Demonstrative matters, government matters andnotoriety of facts are categories of subject of?

A. judicial admissionB. judicial cognizanceC. judicial mandatoryD. judicial discretion

62. When the terms of agreement had been reduced towriting, it is considered as containing all the termsagreed upon and there can be, as between the parties,no evidence of such terms other that the contents of theagreement.

A. extrinsic evidenceB. evidence aluindeC. parol evidenceD. all of the above

62. When the terms of agreement had been reduced towriting, it is considered as containing all the termsagreed upon and there can be, as between the parties,no evidence of such terms other that the contents of theagreement.

A. extrinsic evidenceB. evidence aluindeC. parol evidenceD. all of the above

63. Which if the following requisites must be present in order that the admission of a conspirator may be given in evidence against his co‐conspirator?

A. that there is conspiracy be first proved by the other evidence

B. that there is two or more person coming to an agreement regarding the commission of a crime

C. that admission relates to the common objectD. that the admission was made while engaged in the

conspiracy

63. Which if the following requisites must be present in order that the admission of a conspirator may be given in evidence against his co‐conspirator?

A. that there is conspiracy be first proved by the other evidence

B. that there is two or more person coming to an agreement regarding the commission of a crime

conspiracy

64. Proof beyond reasonable doubt as a basis forconviction in criminal cases requires

A. absolute certaintyB. clear and convincing evidenceC. corpus delictiD. moral certainty of guilt

64. Proof beyond reasonable doubt as a basis forconviction in criminal cases requires

A. absolute certaintyB. clear and convincing evidenceC. corpus delictiD. moral certainty of guilt

65. Extra judicial admission and confession made by theperson orally and in the absence of his counsel duringcustodial investigation is?

A. admissibleB. inadmissibleC. declaration against interestD. all of the above

65. Extra judicial admission and confession made by theperson orally and in the absence of his counsel duringcustodial investigation is?

A. admissibleB. inadmissibleC. declaration against interestD. all of the above

66. It is the examination in chief of a witness by theparty presenting him on the facts relevant to theissue.A. cross examinationB. direct examinationC. custodial examinationD.custodial interrogation

67. It is where one assumes as true a fact not yettestified to by the witness, or contrary to that which hehas previously started?

A. leading questionB. misleading questionC. direct examinationD. cross examination

67. It is where one assumes as true a fact not yettestified to by the witness, or contrary to that which hehas previously started?

A. leading questionB. misleading questionC. direct examinationD. cross examination

68. When an instrument consists partly of written wordsand partly of a printed form, and the two areinconsistent which of them shall prevail if they areinconsistent with each other?

A. the latterB. the formerC. either of themD. none of them

68. When an instrument consists partly of written wordsand partly of a printed form, and the two areinconsistent which of them shall prevail if they areinconsistent with each other?

A. the latterB. the formerC. either of themD. none of them

69. Evidence which is standing alone unexplained oruncontradicted, is sufficient to maintain its propositionaffirmed?

A. expertB. prima facieC. best evidenceD. conclusive

69. Evidence which is standing alone unexplained oruncontradicted, is sufficient to maintain its propositionaffirmed?

A. expertB. prima facieC. best evidenceD. conclusive

70. ow do you classify photographs, maps , x rays,charts and the like evidence

A. object evidenceB. demonstrative evidenceC. physical evidenceD. all of the above

70. ow do you classify photographs, maps , x rays,charts and the like evidence

A. object evidenceB. demonstrative evidenceC. physical evidenceD. all of the above

71. A is an accused of killing B. AA who is the father of Atried to settle the case with the family of B for his son A.that the act of AA is settling the case is?

A. an offer of compromise and an implied admissionof guilt

B. an offer of compromise and not an impliedadmission of guilt

C. not an offer of compromise and not an impliedadmission of guilt

D. not an offer of compromise and an impliedadmission of guilt

71. A is an accused of killing B. AA who is the father of Atried to settle the case with the family of B for his son A.that the act of AA is settling the case is?

A. an offer of compromise and an implied admissionof guilt

B. an offer of compromise and not an impliedadmission of guilt

C. not an offer of compromise and not an impliedadmission of guilt

D. not an offer of compromise and an impliedadmission of guilt

72. Ms. Jinaleen is a virgin, sexy and beautiful woman who is18 years old and Mr. Milgin who is 59 years old. Both of themboarded a luxury cruise on the way to Singapore to celebratetheir monthsarry when the cruise ship encountered a heavydownpour of water with strong winds that eventuallycapsized the vessel. Now, both of them could no longer befound. Who among the two shall be deemed to have survivedthe other?

A. Ms. JinaleenB. Mr. MilginC. Ms. Jeanalyn dulay the chefD. Mr. Melgean Hernandez the Captain

72. Ms. Jinaleen is a virgin, sexy and beautiful woman who is18 years old and Mr. Milgin who is 59 years old. Both of themboarded a luxury cruise on the way to Singapore to celebratetheir monthsarry when the cruise ship encountered a heavydownpour of water with strong winds that eventuallycapsized the vessel. Now, both of them could no longer befound. Who among the two shall be deemed to have survivedthe other?

A. Ms. JinaleenB. Mr. MilginC. Ms. Jeanalyn dulay the chefD. Mr. Melgean Hernandez the Captain

73. One is not purpose of cross examinationA. to discredit the witnessB. to ask him misleading questionC. to discredit the testimony of the witnessD. to elicit admission from witness

74.Documents written in unofficial language shallnot be admitted as evidence except:A.when accompanied with a translation in the

dialect understood by the witnessB. when translated in Filipino or English by

counsels before the trialC. when translated in the dialect understood by

the accusedD. to elicit admission from witness

74.Documents written in unofficial language shallnot be admitted as evidence except:A.when accompanied with a translation in the

dialect understood by the witnessB. when translated in Filipino or English by

counsels before the trialC. when translated in the dialect understood by

the accusedD. to elicit admission from witness

75. Which of the following is the exemption to thehearsay rule made under the consciousness of animpending death?

A. parole evidenceB. ante mortem statementC. suicide noteD. dead man statue

75. Which of the following is the exemption to thehearsay rule made under the consciousness of animpending death?

A. parole evidenceB. ante mortem statementC. suicide noteD. dead man statue

76. Documentary and object evidence shall be offerA. after the witness is called to testifyB. after the presentation of a party’s testimonial

evidenceC. immediately after the offer was muteD. all of the above

76. Documentary and object evidence shall be offerA. after the witness is called to testifyB. after the presentation of a party’s testimonial

evidenceC. immediately after the offer was muteD. all of the above

77. Where the evidence is relevant and competent fortwo or more purposes

A. conditional admissibilityB. multiple admissibilityC. curative admissibilityD. all of the above

77. Where the evidence is relevant and competent fortwo or more purposes

A. conditional admissibilityB. multiple admissibilityC. curative admissibilityD. all of the above

78. The presiding judge for homicide orders the defense tofile affidavits of its witnesses which will serve as directexamination, is the order of the judge correct?

A. yes because the purpose of the judge is to expeditetrial without delay

B. no because testifying orally of a witness in court willenable the judge to observe the manner anddepartment of the witness whether he is an elusiveor rehearsed witness

C. maybe we don’t know what the judge thinkD. none of the above

78. The presiding judge for homicide orders the defense tofile affidavits of its witnesses which will serve as directexamination, is the order of the judge correct?

A. yes because the purpose of the judge is to expeditetrial without delay

B. no because testifying orally of a witness in court willenable the judge to observe the manner anddepartment of the witness whether he is an elusiveor rehearsed witness

C. maybe we don’t know what the judge thinkD. none of the above

79. In case of doubt, that is, the inculpatory facts and circumstances are capable of two or more interpretation, one which is inconsistent with guilt and the other is inconsistent with the innocence of the accused, then the evidence is

A. fulfils the test of moral certainty and therefore warrants conviction

B. does not fulfils the test of moral certainty hence, not enough to produce conviction

C. depend on the consistencies even there are two impression

79. In case of doubt, that is, the inculpatory facts and circumstances are capable of two or more interpretation, one which is inconsistent with guilt and the other is inconsistent with the innocence of the accused, then the evidence is

A. fulfils the test of moral certainty and therefore warrants conviction

B. does not fulfils the test of moral certainty hence, not enough to produce conviction

C. depend on the consistencies even there are two impression

80. The probative effect of evidenceA.burden of proofB. proofC. evidenceD.burden of evidence

81. Based on the express representation of statementsor upon positive acts or conducts. A party cannot, in thecourse of litigation in pais, be permitted to repudiate hisrepresentation or occupy inconsistent position.

A. estoppel by deedB. estoppel by paisC. estoppel against tenantD. estoppel by record of judgement

81. Based on the express representation of statementsor upon positive acts or conducts. A party cannot, in thecourse of litigation in pais, be permitted to repudiate hisrepresentation or occupy inconsistent position.

A. estoppel by deedB. estoppel by paisC. estoppel against tenantD. estoppel by record of judgement

82. The order of examination of individual witnessA. cross examination, direct examination, re‐cross

examination, re‐direct examinationB. direct examination, cross examination, re‐direct

examination, re‐cross examinationC. direct examination, cross examination, re‐cross

examination, re‐direct examinationD. cross examination, direct examination, re‐direct

examination, re‐cross examination

82. The order of examination of individual witnessA. cross examination, direct examination, re‐cross

examination, re‐direct examinationB. direct examination, cross examination, re‐direct

examination, re‐cross examinationC. direct examination, cross examination, re‐cross

examination, re‐direct examinationD. cross examination, direct examination, re‐direct

examination, re‐cross examination

83. Evidence that consist of writing or any materialcontaining letters, words, numbers, figures, symbols, orother modes of written expression offered for theevidence as part of their contents.

A. object evidenceB. documentary evidenceC. testimonial evidenceD. all of the above

83. Evidence that consist of writing or any materialcontaining letters, words, numbers, figures, symbols, orother modes of written expression offered for theevidence as part of their contents.

A. object evidenceB. documentary evidenceC. testimonial evidenceD. all of the above

84. Which of the following need not be proved incase in court exceptA. presumption of lawB. question of factC. judicial admissionD. judicial notice

85. Which of the following is a concept of the multipleadmissibility of evidence?

A. evidence proffered is admissible for one purposeonly

B. evidence is inadmissible for one purpose butadmissible for another or vice versa

C. evidence is admissible in one party onlyD. all of the above

85. Which of the following is a concept of the multipleadmissibility of evidence?

A. evidence proffered is admissible for one purposeonly

B. evidence is inadmissible for one purpose butadmissible for another or vice versa

C. evidence is admissible in one party onlyD. all of the above

86. The court shall consider no evidence which is has notyet formally offered, as regards to the testimony of thewitness the offer of evidence should be made_______________________

A. at the time the witness called to testifyB. after the presentation of testimonial evidenceC. as soon as ground become reasonably apparentD. immediately after the offer is made

86. The court shall consider no evidence which is has notyet formally offered, as regards to the testimony of thewitness the offer of evidence should be made_______________________

A. at the time the witness called to testifyB. after the presentation of testimonial evidenceC. as soon as ground become reasonably apparentD. immediately after the offer is made

87. In ______ cases, an offer of compromise is not anadmission of liability and is not admissible against theofferor.

A. administrativeB. civilC. criminalD. labor

87. In ______ cases, an offer of compromise is not anadmission of liability and is not admissible against theofferor.

A. administrativeB. civilC. criminalD. labor

88. Evidence which denies the existence of the fact in issue

A. rebutting B. negativeC. disputableD. conclusive

88. Evidence which denies the existence of the fact in issue

A. rebutting B. negativeC. disputableD. conclusive

89. Leading questions are allowed in exceptA. cross examinationB. direct examinationC. preliminary mattersD.of an unwilling or hostile witness

90. It is the ultimate facts or proposition to be established.A. factum probansB. factum probandumC. positive evidenceD.negative evidence

91. Facts existing during the commission of the crime(i.e. opportunity, presence of the accused at the scene ofthe crime, etc)

A. subsequentB. concominantC. antecedentD. collateral matters

91. Facts existing during the commission of the crime(i.e. opportunity, presence of the accused at the scene ofthe crime, etc)

A. subsequentB. concominantC. antecedentD. collateral matters

92. Based on procedural rules and may be overcome byevidence to the contrary

A. conclusive presumptionB. disputable presumptionC. processual presumptionD. all of the above

92. Based on procedural rules and may be overcome byevidence to the contrary

A. conclusive presumptionB. disputable presumptionC. processual presumptionD. all of the above

93. Secondary evidence may prove it contents exceptA. recital of its contents in some authentic documentB. by the handwriting of the personC. by the testimony of the witnessD. by a copy

94. X witness a man being slashed at the throat, because ofthe trauma caused by the accidental witnessing of thecrime. He lost his sanity today. Is X qualified to testify as awitness.

A. no because he became insaneB. yes provided that at the time that X would testify, he

must have regained his normal conditionC. no because he cannot testify because of the trauma

of witnessing the slashing of the throatD. yes because at the time of the witnessing of the crime

he was sane and his insanity is thereafter immaterial

94. X witness a man being slashed at the throat, because ofthe trauma caused by the accidental witnessing of thecrime. He lost his sanity today. Is X qualified to testify as awitness.

A. no because he became insaneB. yes provided that at the time that X would testify, he

must have regained his normal conditionC. no because he cannot testify because of the trauma

of witnessing the slashing of the throatD. yes because at the time of the witnessing of the crime

he was sane and his insanity is thereafter immaterial

95. A stole chicken under the house of B. after realizing that whathe did was a wrong. A returned the chicken to the place underthe house of B. Is A still criminally liable even if he desisted?

A. A is no longer criminally liable because he desistedB. A still criminally liable even if he desisted because the

desistance should be made before acts of executionperformed

C. A still criminally liable because the act of the theft wasalready committed and the return of the chicken does notrelieve him from criminal liability

D. B and C

95. A stole chicken under the house of B. after realizing that whathe did was a wrong. A returned the chicken to the place underthe house of B. Is A still criminally liable even if he desisted?

A. A is no longer criminally liable because he desistedB. A still criminally liable even if he desisted because the

desistance should be made before acts of executionperformed

C. A still criminally liable because the act of the theft wasalready committed and the return of the chicken does notrelieve him from criminal liability

D. B and C

96. An act which is to be understood as unjust orimproper conduct capable of exciting, inciting orirritating anyone.

A. provocationB. insinuationC. aggressionD. irresistible force

96. An act which is to be understood as unjust orimproper conduct capable of exciting, inciting orirritating anyone.

A. provocationB. insinuationC. aggressionD. irresistible force

97. Which of the following is place of worshipA. chapelB. mosqueC. churchD. all of the above

98. Evidence directed to prove a fact in issue asdetermined by the rules of substantive law andpleading‐A. Relevant EvidenceB. Material EvidenceC. Direct EvidenceD. Circumstantial Evidence

99.Demonstrative evidence is applicable to thepresentation ofA. best evidenceB. documentC. testimonialD. object

100. Which if the following requisites must be present inorder that the admission of a conspirator may be given inevidence against his co‐conspirator?

A. that there is conspiracy be first proved by the otherevidence

B. that there is two or more person coming to anagreement regarding the commission of a crime

conspiracy

100. Which if the following requisites must be present inorder that the admission of a conspirator may be given inevidence against his co‐conspirator?

A. that there is conspiracy be first proved by the otherevidence

B. that there is two or more person coming to anagreement regarding the commission of a crime

conspiracy

*** END ***

“A STEP BACKWARD IN ORDER TO LEAP FROG TRIPPLE”.

Evidence By Charlemagne James P. Ramos

Education

Transcript of Evidence By Charlemagne James P. Ramos