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1. It is evidence of the same kind and to the same state of facts.

A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
2. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the
proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
3. A form of evidence supplied by written instruments or derived from conventional symbols, such
as letters, by which ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence
4. When the witness states that he did not see or know the occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
negative evidence
5.A kind of evidence which cannot be rebutted or overcome.
A. Primary
B. Best
C. Secondary
D. Conclusive
6. A kind of evidence which cannot be rebutted or overcome.
i. Primary
ii. Best
iii. Secondary Conclusive
7. A kind of evidence which shows that a best evidence existed as to the proof of the fact is in
question
A. Real Evidence
B. Secondary Evidence
C. Best Evidence
D. Res gestae
8. Obligations imposed upon a party to establish their alleged fact by proof are termed as "burden
of proof" what is its Latin translation?
A. Factum probans
B. Factum probandum
C. Owe probandi
D. Owes probandi

9. Can a husband testify against the wife in an adultery case?


A. yes, the privilege of marital communication rule is already abolished
B. yes, under the law she is a competent witness
C. no,she is incompetent as a witness
D. yes, because crime charge is one committed by the wife
10. Logical necessity which resists upon a party at any particular time during the trail to create a
prima facie case in his own favor or to overthrow one created against him.
A. Res gestae
B. Burden of Evidence
C. Burden of Proof
D. Estoppel
11. The probative value or credit given by the court to a particular evidence
A. Preponderance of evidence
B. Evidentiary fact
C. Ultimate Fact
D. Weight of Evidence
12. Which among the following may disqualify a witness
A. Capacity of observation
B. Capacity of recollection
C. Capacity of Knowledge
D. Capacity of communication
13. That kind of evidence which can not be rebutted or overcome
A. Primary
B. Real
C. Best
D. Conclusive
14. Cognizance of certain facts which judges may properly take as fact because they are already
known to him
A. Cognizance
B. Judicial Admission
C. Judicial Knowledge
D. Judicial Notice
15. When is evidence presented in court for admissibility considered relevant to the issue?
A. when it is not excluded by the rules
B. when it has direct bearing and actual connection to the facts and issue
C. when it is not repugnant in taste
D. when it is not immoral
16. What rule is observed when generally, there can be no evidence of a writing, the contents of
which is the subject matter of inquiry
A. secondary evidence
B. parole evidence
C. corollary evidence
D. best evidence
Situation 2– A and B who are brother-in-laws, are also mortal enemies. One time, A threatened to kill
B. A has a common reputation of being a killer. One night in a lighted place, A suddenly stabbed B from
behind. Before A could escape, B was able to identify him. As B lay wounded, SP01 Mahabagin
responded and to whom B pointed to A as the one who attacked him. SP01 arrested B on the basis of
such declaration.

17. Based on situation # 2, which of the following best describes the statement of A?
a. Circumstantial
b. Corroborative
c. Hearsay
d. Direct
Situation 3 – During custodial investigation at the Central Police District in Quezon City, “A”
was informed of his constitutional right, to remain silent and to have competent and independent
counsel. He decided to waive his right to counsel and proceed to make a statement admitting
commission of a robbery.
18. A’s statement is inadmissible in evidence against him because
a. The right to remain silent and to counsel cannot be waived
b. it was not made in the presence of the counsel
c. The waiver was not made in writing and in the presence of the counsel
d. It was not made in writing
19. Assuming that all conditions in the waiver were properly observed except the right to counsel
which was waived because A could not afford the service of one, A’s statement will be
A. Admissible because A was informed of his right to counsel but
he could not afford to hire one
B. Inadmissible because A must be provided with counsel free of
charge
C. admissible because A did not insist on his right to counsel and
he voluntarily waived it
admissible in evidence against him because all the conditions were present in the waiver
Situation 3 – During custodial investigation at the Central Police District in Quezon City, “A”
was informed of his constitutional right, to remain silent and to have competent and independent
counsel. He decided to waive his right to counsel and proceed to make a statement admitting
commission of a robbery.
20. A’s statement is inadmissible in evidence against him because
a. The right to remain silent and to counsel cannot be waived
b. it was not made in the presence of the counsel
c. The waiver was not made in writing and in the presence of the counsel
It was not made in writing
21. Assuming that all conditions in the waiver were properly observed except the right to counsel
which was waived because A could not afford the service of one, A’s statement will be
D. Admissible because A was informed of his right to counsel but
he could not afford to hire one
E. Inadmissible because A must be provided with counsel free of
charge
F. admissible because A did not insist on his right to counsel and
he voluntarily waived it
admissible in evidence against him because all the conditions were present in the waiver
23. It shall refer to the ultimate belief, which one acquires by the process of reasoning from the
“facts” presented, aided in turn by the laws of nature or mind, principles and rules of human conduct
and future probabilities, is known as
a. Matter of Law b. Judgment c. Matter of Opinion d. Factum Probans
e. Factum Probandum
24. A requisite in evidence that it must throw light upon or have logical reason to the facts in issue by
sufficiently connecting or tying all these issues to induce belief to their existence or non-existence is
a. Relevancy of the Evidence b. Competency of the Evidence
c. Admissibility of Evidence d. Credibility of Evidence e. All of the above
25. A requisite for the admissibility of evidence that shall mean it is receivable in the courts of justice
because it is not excluded by the rules of evidence is
a. Relevancy of the Evidence b. Competency of the Evidence
c. Admissibility of Evidence d. Credibility of Evidence e. All of the above
26. Where a fact is inadmissible for one purpose and is admitted for other purposes or where a fact,
which is entirely admissible so far as some rules are concerned is excluded because it fails to satisfy
some rules is
a. Relevancy of Evidence b. Competency of Evidence
c. Multiple Admissibility d. Conditional Credibility e. Curative Admissibility
27. These are relevant facts but are considered inadmissible because their connection to the issue is
not yet presented, however, maybe admitted conditionally with the counsel’s assurance to present the
specific facts at a suitable opportunity before the case is closed.
a. Relevancy of Evidence b. Competency of Evidence
c. Multiple Admissibility d. Conditional Credibility e. Curative Admissibility
28. These are inadmissible facts but which is admitted because there is no question or objection from
the adverse party is
a. Relevancy of Evidence b. Competency of Evidence c. Curative Admissibility
d. Multiple Admissibility e. Conditional Admissibility
29.These are kinds of evidences that includes all evidential facts, which are known to courts only by
way of inference from some form of judicial evidence
a. Judicial Evidence b. Extra-judicial Evidence c. Cumulative Evidence
d. Corroborative Evidence e. Object or Real Evidence
30.These are the best classes of evidence because they are addressed to the senses of the tribunal
a. Cumulative Evidence b. Judicial Evidence c. Corroborative Evidence
d. Real or Object Evidence e. Testimonial Evidence
31. These are classes of evidence narrated orally in court by one who has observed facts and
circumstances surrounding an incident
a. Documentary Evidence b. Object or Real Evidence c. Direct Evidence
d. Testimonial Evidencee. Collateral Matters
32. These are classes of evidence, which is supplied by written instruments or derived from symbols by
which ideas are represented on material substances is known as
a. Documentary Evidence b. Object or Real Evidence c. Best Evidence Rule
d. Testimonial Evidencee. Collateral Matters
33. The qualification of a witness under the law on evidence to give a testimony is premised on his
a. Intelligence b. Able to perceive and make known his perception
c. Personal Knowledge d. Legal age e. All of the above
34. Is the cognizance of certain facts, which judges may properly take and act on without proof
because they are based on expediency and convenience is
a. Judicial Evidence b. Judicial Notice c. Judicial Admissions
d. All of the above
35. These are manifestations made by parties in the pleadings or in the course of the trial or other
proceedings that do not require proof and cannot be contradicted unless previously shown to have been
made through palpable mistake
a. Judicial Notice b. Judicial Admissions c. Judicial Evidence
d. Oral Admissions e. Written Admissions
36. It is a rule of exclusion that states, that there can be no evidence of a writing the contents of
which is the subject of inquiry, other than the original writing itself is
a. Best Evidence Rule b. Secondary Evidence Rule c. Parol Evidence Rule
d. Competency Rule e. All of the above
37. When the terms of an agreement have been reduced to writing, it is considered as containing all
the terms agreed upon and there can be, between the parties and their successors in interest, no
evidence of such terms other than the contents of the written agreement is
a. Competency Rule b. Parol Evidence Rule c. Secondary Evidence Rule
d. Best Evidence Rule e. All of the above
38. When the original document has been lost or destroyed, or cannot be produced in court, the
offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on
his part, may prove its contents by a copy, or by a recital of its contents in some authentic document,
or by the testimony of witness in the order stated refers to

a. Best Evidence Rule b. Secondary Evidence Rule c. Parol Evidence Rule


d. Competency Rule e. All of the above
39. Unless otherwise provided by law, a person cannot be disqualified to be a witness because of
a. Religious or political belief b. Interest on the outcome of the case
c. Conviction of a crime d. Relationship by consanguinity and/or affinity
e. All of the above
40. Its purpose is to guard against the temptation to give false testimony on the part of the surviving
party, and to put the parties to the suit upon the terms of equality in regard to opportunity to produce
evidence; likewise to protect the interest of the deceased is
a. Dead man’s Statute Rule b. The Survivorship Rule
c. Testimonial Privilege Rule d. a & b only e. All of the above
41. It is a rule to give due respect and sanctity to communications done between two persons, hence,
under these exceptional circumstances a receiver/recipient cannot testify against the other, except
under those circumstances allowed by law
a. Dead man’s Statute Rule b. The Survivorship Rule
c. Testimonial Privilege Rule d. Privilege Communication Disqualification Rule
42. The rule provides that no person may be compelled to testify against his parents, other direct
ascendants, children or other direct descendants is
a. Dead man’s Statute Rule b. Testimonial Privilege Rule
c. Parental or Filial Privilege d. Privilege Communication Disqualification Rule
43. Any statement of fact made by a party against his interest or unfavorable to the conclusion for
which he contends or is inconsistent with the facts alleged by him is
a. Confessions b. Admissions c. Affidavits d. Sworn Statements
44. One which has been made extra-judicially by the party to favor his interest and is not admissible in
evidence because of the lack of opportunity to cross-examination is
a. Admission b. Confessions c. Self-serving Declarations
d. Defensive Declarations e. All of the above
45. Declarations made not elicited through investigation or questioning but given in ordinary manner
where accused orally admitted the act is
a. Admissions b. Confessions c. Spontaneous Statements
d. Self-serving Declarations e. Defensive Declarations
46. In Civil Cases, when offered by the respondent or defendant; it is not an admission of any liability
and not admissible; however, in Criminal Cases, it may be received in evidence as implied admission of
guilt, this is known as
a. Amicable Settlement b. Declaration against Interest c. Admissions
d. Offer of Compromise e. Confessions
471. It is a categorical acknowledgment of guilt made by an accused in a criminal case, without any
exculpatory statement or explanation is
a. Amicable Settlement b. Declaration against Interest c. Admission
d. Offer of Compromise e. Confessions
48. A declaration made before a court in which the case is pending and in the course of legal
proceedings therein and by itself, can sustain a conviction even in capital offenses is
a. Declaration against Interest b. Admission c. Confession
d. Judicial Confession e. Extra-judicial Confession
49. A declaration made in any other place or occasion and cannot sustain a conviction unless its
voluntariness is proven and unless corroborated by evidence of the corpus delicti is
a. Declaration against Interest b. Admission c. Confession
d. Judicial Confession e. Extra-judicial Confession
50. The general rule is that a witness can testify ONLY to those facts, which he knows of his personal
knowledge, that is, which are derived from his own perception, except as otherwise provided by the
rules of evidence is

a. Best Evidence Rule b. Secondary Evidence Rule c. Parol Evidence Rule


d. Hearsay Rule e. Privilege Communication Rule
51. Models, maps, charts and demonstrations are called –
a. Cumulative Evidence b. Demonstrative Evidence
c. Corroborative Evidence d. Real Evidence
52.Which of the evidences is excluded by the rules?
a. Testimony of a Blind Man b. Testimony of a Deaf-mute
c. Testimony of a 1 – year old child d. Testimony of a Cousin
53. Facts that does not require introduction of evidence -
a. Facts which may be presumed from proven facts b. Facts of Judicial Notices
c. Judicial Admissions d. All of the Above
54. An admission made by a party in the course of the court proceeding of the case –
a. Judicial Admission b. Judicial Notice c. Judicial Confession
d. Extra-judicial Admission e. All of the above
55. Facts that courts are compelled to know or those that takes place at the court’s own initiative –
a. Discretionary Judicial Notice b. Mandatory Judicial Notice
c. Relevant and Material Notices d. Permissible Judicial Notices
56.Disqualification of a witness as a safeguard against the temptation to give false testimony in regard
of the transaction in question on the part of the surviving party and further to put the two parties to a
suit upon terms of equality -
a. Best Evidence Rule b. Parol Evidence Rule
c. Secondary Evidence Rule d. Dead man’s Statute Rule
57. A rule that provides, that “No person may be compelled to testify against his parents, other direct
ascendants, children or other direct descendants” -
a. Marital Privilege Communication Rule b. Parol Evidence Rule
c. Parental & Filial Testimonial Privilege Rule d. Dead man’s Statute Rule
58. It is an acknowledgement in express terms, by a party in a criminal case, of his guilt of the crime
charged –
a. Extrajudicial Admission b. Extrajudicial Confession
c. Intra- judicial Admission d. Judicial Confession
59. A statement of the accused, direct or indirect, of facts pertinent to the issue and tending, in
connection with proof of other facts, to prove his guilt –
a. Extrajudicial Admission b. Extrajudicial Confession
c. Intra- judicial Admission d. Judicial Confession
60. Which among the following is mandatory judicial notice?
A. Matter of public knowledge
B. Ought to be known to judges by reason of judicial function.
C. Capable of unquestionable demonstration
D. The geographical division

Identification part 2

1.Proof applies to cases filed before administrative or quasi-judicial bodies.


2.It is the cognizance of certain fact which judges may properly take and act upon without proof
3.What quantum of proof is required in criminal case ?
4.What is the result of evidence?
5.What classification of evidence is directly addressed to the senses and consist of tangible things
exhibited in court?
6.evidence which consists of writings, words, numbers, figures, symbols or other modes of written
expressions offered as proof of their contents.

7.if is relevant to the issue and is not excluded by law or the Rules of Court. This is also known as ?
8.It is Cognizance of certain facts which judges may properly take and act without proof. They are
based on considerations of expediency and convenience
9. Evidence that which shows that better or primary evidence exists as to the proof of the fact in
question.

10.The rule which forbids any addition to or contradiction of the terms of a written instrument by
testimony purporting to show that, at or before the signing, of the document, other or different
terms were orally agreed upon by the parties

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