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1.

Evidence comes from different sources, except;


a. Testimonial Evidence
b. Documentary Evidence
c. Object or Real Evidence
d. Parol Evidence

2. Three (3) Elements of Testimonial Assertion are


a. OBSERVATION, RECOLLECTION, NARRATION
b. INTERPRETATION, CONSULTATION, NARRATION
c. OBSERVATION, CONSULTATION, NARRATION
d. INTERPRETATION, RECOLLECTION, NARRATION

3. A witness is
a. One who testifies to what he has seen, heard, or otherwise observed.
b. A person whose declaration under oath (or affirmation) is received as evidence for
any purpose, whether such declaration be made on oral examination or by
deposition or affidavit.
c. In general, a witness is one who, being present, personally sees or perceives a
thing; a beholder, spectator, or eyewitness.
d. All of the above
e. None of the above

4. CAPACITY TO PERCEIVE must be possessed by the witness


a. At the time of the occurrence of the act or event.
b. At the time after the act or event happened.
c. At the time of the exhibition in the court.
d. At the time before the act or event happened.

5. A person that is qualified to testify in any case if (i) he is CAPABLE OF PERCEIVING


or POSSESSES THE PROPER PERSONAL KNOWLEDGE, and (ii) he CAN MAKE
HIS PERCEPTION OR KNOWLEDGE KNOWN to others is the
a. Trial Judge
b. Lawyer
c. Competent witness
d. Prosecutor

6. Any party who desires to question the competency of the witness may do so by
INTERPOSING AN OBJECTION AT
a. ANY TIME DURING THE EXAMINATION
b. ANY TIME DURING THE CROSS-EXAMINATION.
c. A&B
d. None of the above

7. Which of the following is true about a witness?


a. Section 20, Rule 130 expressly provides that NO PERSONS SHALL BE
EXCLUDED FROM BEING A WITNESS ON ACCOUNT OF HIS OPINION
ON MATTERS OF RELIGIOUS OR POLITICAL BELIEF.
b. A witness is disqualified because he does not believe in God or in a future
retribution or punishment.
c. A person’s testimony should be rejected solely because of his political belief as
long as he is capable of perceiving and make known his perceptions.
d. A person that is not qualified to testify in any case if (i) he is capable of
perceiving or possesses the proper personal knowledge, and (ii) he can make his
perception or knowledge known to others.

8. The following are disqualified to be a witness at a trial presided over himself, except;
a. Judge
b. Competent witness
c. Referee
d. Arbitrator

9. The following are true statements with regards to a witness who had previously
committed a crime, except;
a. The mere fact that a witness had previously been convicted of a crime does not of
itself forbid his testimony from being received, unless otherwise provided by law.
b. A person convicted of perjury may testify.
c. A person convicted of perjury is disqualified to testify.
d. The fact that a witness has been convicted of a felony is a circumstance to be taken
into consideration as AFFECTING HIS CHARACTER AND CREDIBILITY

10. The following persons cannot be witnesses:

a. Those whose mental condition at the time of their production for examination, is such
that they are capable of perceiving and making known their perception to others.
b. Children who appear to the court to be of such t age and superior capacity as to be
capable of receiving correct impressions of the facts respecting which they are examined,
or of relating them truly.
c. Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted,
against an executor or administrator or other representative of a deceased person, or
against a person of unsound mind, upon a claim or demand against the estate of such
deceased person or against such person of unsound mind, cannot testify as to any matter
of fact occurring before the death of such deceased person or before such person became
of unsound mind.
d. A husband that can be examined for or against his wife in a civil case by one against the
other, or in a criminal case for a crime committed by one against the other.

11. It is a manifestation in language or conduct of disease or defect of the brain, or more or


less permanent disease or disordered condition of the mentality or disordered function of
the sensory or of the intellective faculties, or impaired or disordered volition.
a. Sanity
b. Insanity
c. Eloquent
d. Lucid

12. The test/s of insanity is/are,


a. cognition – the complete deprivation of intelligence in committing the act
b. volition – that there be a partial deprivation of freedom of the will
c. Coercion-- the action or practice of persuading someone to do something by using force or
threats
d. Perception-- the way in which something is regarded, understood, or interpreted

13. UNSOUNDNESS OF MIND DOES NOT PER SE RENDER A WITNESS


INCOMPETENT.
a. The statement is true.
b. The statement is false.

14. Which of the following is not a competent witness


a. Feeble minded
b. Idiot
c. Mentally Retarded
d. Kleptomaniac, pervert testifying on rape cases

15. Child Witness contains the following salient features, except;

a. In child abuse cases, whether in criminal or non-criminal proceedings, the


relevant testimony of a child witness, which is not a hearsay, is admissible in evidence.
b. The court may appoint a guardian ad litem for a child who is a victim of, accused
of, or a witness to a crime.
c. The court may appoint an interpreter or a facilitator for the child who is unable to
communicate in English or Filipino.
d. The child is entitled to be accompanied, by one or two support persons of his
choosing while testifying or making a deposition.

16. He/She may testify for or against the other without the consent of the affected spouse
a. Husband
b. Wife
c. Both husband and wife in a civil case by one against the other, or in a criminal
case for a crime committed by one against the other, or the latter’s direct
descendants or ascendants.
d. Neither husband and wife in a civil case by one against the other, or in a criminal
case for a crime committed by one against the other, or the latter’s direct
descendants or ascendants.

17. When does marital disqualification cease?


a. death of one spouse
b. divorce
c. a&b
d. none of the above

18. What the court wants from a witness is a STATEMENT OF THE FACTS KNOWN OR
OBSERVED BY HIM, NOT AN OPINION based on those facts. This rule is called?
a. The opinion rule
b. The statement rule
c. The facts rule
d. The witness rule

19. Whatever is presented to the senses of a witness, and of which he therefore receives
direct knowledge, he may state, provided it is relevant to the issue, and not excluded on
some other ground. This is a _____________.
a. Matter of fact.
b. Matter of opinion
c. Matter of statement
d. Matter of relevancy

20. What the witness THINKS in respect to the existence or non-existence of a fact in issue is
a _______________.
a. Matter of fact.
b. Matter of opinion
c. Matter of statement
d. Matter of relevancy

21. Opinion evidence may be classified into: (1) __________________, that is, the
conclusion given by an ordinary witness; and (2) _________________ or that which
embraces the conclusion of witness skilled in some science, art, trade, or calling.
a. Expert opinion; Lay opinion
b. Lay opinion; Expert opinion
c. Lay witness; Expert witness
d. Expert witness; Lay witness

22. The opinion of a witness is admissible in evidence in the following instances, except;

a. On a matter requiring special knowledge, skill, experience or training which


he possesses, that is, when he is an expert thereon;
b. Regarding the identity or the handwriting of a person, when he has knowledge
of the person or handwriting, whether he is an ordinary or expert witness;
c. On the mental insanity of a person, if the witness is sufficiently acquainted with
the former or if the latter is an expert witness;
d. On the emotion, behavior, condition or appearance of a person which he has
observed.

23. An identification by the sound of the voice of the accused is sufficient, where it appears
that the witness was intimately acquainted with the accused for a number of years . This
statement is an opinion regarding person’s _____________.
a. Identity
b. Handwriting
c. Mental Sanity
d. Opinion

24. ____________ is the testimony given in relation to some scientific, technical, or


professional matter by experts.
a. Amateur Evidence
b. Lay Evidence
c. Expert Evidence
d. Professional evidence

25. The following are the requisites to justify the admission of the testimony of an expert
witness, except;
a. The subject under examination must be one that requires that the court has the aid
of knowledge or experience such as men not especially skilled do not have, and
such therefore as cannot be obtained from the ordinary witnesses;
b. The witness called as an expert must possess the knowledge, skill or experience
needed to inform the court in the particular case under consideration.
c. Like other evidence, expert testimony is admissible as to a matter not in issue.
d. None f the above

26. 1. Professionals are the only experts. 2. Amateur who acquires special knowledge which
makes his opinion valuable to the court may be utilized as expert witnesses.
a. Statement 1 is correct; Statement 2 is correct
b. Statement 1 is incorrect; Statement 2 is correct
c. Statement 1 is correct; Statement 2 is incorrect
d. Statement 1 is incorrect; Statement 2 is incorrect

27. The following factors are required to qualify a person ad an expert witness:
a. training and education;
b. particular first-hand familiarity with the opinion of the present case; and
c. presentation of the authorities or substandards on which his opinions are based
d. None of the above

28. The following are expert witness, except;


a. FOOT PRINT EXPERT – unknown foot prints
b. PSYCHOLOGIST AND PSYCHIATRISTS – mental illness
c. POLYGON EXAMINER
d. VOICEPRINT EXPERT – voice ID

29. Common subjects of expert testimony are:


a. Fingerprint
b. Ballistics
c. Unwritten Law or common law
d. Value of Properties and Services
e. All of the above
f. None of the above

30. A doctor who did not actually conduct an autopsy of the victim is competent to testify
where he was presented as expert witness and the autopsy examination was conducted
under his direct supervision.
a. The statement is true
b. The statement is false

31. It is associated with tangible objects offered as exhibits, but in fact it applies to
everything but LIVE TESTIMONY.
a. Burden
b. Authority
c. Authentication
d. Publication

32. The BURDEN of LAYING THE FOUNDATION (authenticating proffered evidence)


rests with the ______________.
a. OPPONENT
b. PROPONENT
c. RIVAL
d. FOE

33. It is useful when authenticating an object evidence that is fungible, or no witness can
identify it by personal knowledge of distinctive characteristics, or when great care must
be taken because of risks of mistake or deception.
a. chain of custody
b. testimony by person with knowledge
c. evidence by person with knowledge
d. statement by person with knowledge

34. Public documents are the following, except;

a. The unwritten official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or of a
foreign country;
b. Documents acknowledged before a notary public except last wills and testaments; and
c. Public records, kept in the Philippines, of private documents required by law to be
entered therein.
d. Legislative acts

35. Examples of public documents are


a. Certificate of admission of attorney admitted to practice when personally signed
by him and attested by the Clerk of the Supreme Court
b. A cedula certificate Examination papers of bar
c. Certificate of land registration
d. A, B, and C
e. A and B only

36. Examples of private documents

a. A theater ticket as a private document.


b. A time record, time sheet, or time report upon which is entered the working time of
the employees of any private company or private employer, is a private document.
c. A receipt taken from a public official for the purpose of supporting a claim against
the public funds does not of itself raise it to the dignity of a public document before it
has become a part of some official records, and prior to its certification by some
official clothed with authority for that purpose
d. A, B, and C
e. A and B only

37. It means nothing more than that the instrument is not spurious, counterfeit, or of different
import on its face from the one executed.
a. Genuineness of the instrument
b. Fraudulence
c. Speciousness
d. Unreliableness

38. AUTHENTICATION IS NOT NECESSARY in documents which are SELF-


AUTHENTICATING, except;
a. Documents whose AUTHENTICITY ARE ADMITTED by the proponent;
b. ANCIENT DOCUMENTS covered by Sec. 21, Rule 132;
c. Documents BEARING A CERTIFICATE OF ACKNOWLEDGMENT; and
d. REPLIES to letters.

39. The handwriting of a person may be PROVED BY OPINION EVIDENCE, provided the
witness called to give his opinion:
a. Has seen the person whose handwriting is in question write at least once.
b. Has received written communications purporting to be in the handwriting of such
person, and has acted upon them.
c. Is an expert on the subject of handwriting, and gives his opinion from a
comparison of the document in question with an admittedly genuine specimen.
d. By collation or comparison of handwritings by court.
e. All of the above
f. A, C and D only

40. Circumstances that will suffice to evidence genuineness of a private document, except;
a. age
b. contents
c. validation
d. custody of documents
41. In the case of photographs taken by surveillance cameras that take pictures automatically,
usually no live witness can describe the scent or attest the accuracy of the picture because
no such person was watching.
a. Live witness doctrine
b. Silent witness doctrine
c. Photograph witness doctrine
d. Surveillance witness doctrine

42. The salient features of the Rules on Electronic Evidence are the following, except;
a. An email is INADMISSIBLE if the party proffering the print-outs of the emails
cannot establish that they were ever sent or received.
b. Computer printouts, standing alone, afford no assurance of their authenticity
because they are unsigned. The computer print-out must be signed by either the
sender or receiver.
c. The printouts can also be authenticated by any company official who could attest
that the data came from the company computer and that the data stored in the
system were not and/or could not have been tampered before the same were
printed out.
d. Photocopies are tantamount to electronic documents.

43. It refers to telephone conversation, tape recordings, text messages, chat sessions,
streaming audio or video or other forms of communication that is not recorded or
retained.
a. Durable Electronic Evidence
b. Fixed Durable Electronic Evidence
c. Ephemeral Durable Electronic Evidence
d. Eternal Durable Electronic Evidence

44. Demonstrative evidence is sometimes defined as evidence that


a. firsthand sense impression
b. secondhand sense impression
c. thirdhand sense impression
d. fourth-hand sense impression

45. Demonstrative evidence are the following except;


a. drawings, charts, diagrams, maps, models
b. displays, demonstrations, animations
c. displays and animations
d. demonstrations and emotions

46. It may be conducted in court or out, in order to demonstrate scientific principles, to test or
present theories about what happened, to measure the capabilities of humans, animals, or
products, or to recreate events.
a. Cross-examination
b. Examination
c. Experiment
d. Rebut

47. ____________________ may be defined as the record, official entry, or files of the
proceedings in a court of justice, or of the official act of a judicial officer in an action,
suit, or proceedings.
a. Expert Record
b. Judicial Record
c. Lay Record
d. Official Record

48. It is an agreement between two persons that the one should institute a suit against the
other, in order to obtain the decision of a judicial tribunal for some sinister purpose.
a. Collusion
b. Contract
c. Involvement
d. Approval

49. One which makes the instrument speak a language different in legal effect from that
which it originally spoke of; which produces some change in the rights interests or
obligations of the parties to the instruments
a. Proof of alteration
b. Material alteration
c. Attestation of alternation
d. Confirmation of alternation

50. The testimony of the witnesses to the will and those persons related to the testator are
____________ and _____________ to prove the mental sanity of the deceased at the time
he dictated his will
a.
b. Capable; credible
c. Incompetent; inadmissible
d. Competent; admissible
e. Expert; inadmissible

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