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Bicol College Midterm Exam On Evidence

This document contains a 12 question midterm examination on Evidence for law students at Bicol College College of Law. The questions cover a range of topics in Evidence including: (1) the definition of electronic documents and counterparts; (2) the admissibility of electronic documents as evidence; (3) judicial affidavits and their requirements; (4) the chain of custody principle for seized evidence; (5) whether a confession during arrest is admissible; (6) distinguishing lack of personal knowledge from hearsay; (7) whether marital privilege prevents testimony identifying a text message; (8) whether the same text message can be identified through another witness if marital privilege applies; (9) whether the

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Charina Balunso
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70 views3 pages

Bicol College Midterm Exam On Evidence

This document contains a 12 question midterm examination on Evidence for law students at Bicol College College of Law. The questions cover a range of topics in Evidence including: (1) the definition of electronic documents and counterparts; (2) the admissibility of electronic documents as evidence; (3) judicial affidavits and their requirements; (4) the chain of custody principle for seized evidence; (5) whether a confession during arrest is admissible; (6) distinguishing lack of personal knowledge from hearsay; (7) whether marital privilege prevents testimony identifying a text message; (8) whether the same text message can be identified through another witness if marital privilege applies; (9) whether the

Uploaded by

Charina Balunso
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Bicol College

College of Law

MIDTERM EXAMINATION

EVIDENCE

Answer the following questions clearly, concisely and briefly.


There are twelve (12) questions and you have two (2) hours to finish the test.

God bless you my future Pañeros!

1. Is this statement correct? Explain your answer. (5%)


“If the copy is generated after the original is executed, it may be called a "print-out or
output" based on the definition of an electronic document, or a "counterpart" based
on Section 2, Rule 4 of the Rules on Electronic Evidence.”

2. Expound this statement: (5%)


"An electronic document is admissible in evidence if it complies with the rules on
admissibility prescribed by the Rules of Court and related laws and is authenticated
in the manner prescribed by these Rules."

3. a. What is judicial-affidavit? (2%)


b. Does it take the place of the direct examination of a witness? (2%)
c. Does it need to comply with the rules on admissibility? (2%)
d. Is leading question allowed in a judicial-affidavit? (2%)
e. What is the role of attestation clause in the judicial-affidavit? (2%)
f. What is the effect of non-compliance with the judicial-affidavit rule as to- (10%)
i. Failure to File
ii. Failure to Comply as to contents
iii. Absence during the trial date

4. Discuss the chain of custody principle with respect to evidence seized under R.A
9165 or the Dangerous Drugs Act of 2002. (10%)

5. Accused Abusado was arrested during a buy-bust operation for selling shabu to an
undercover police officer. During his arrest, Abusado confessed to the arresting
offices that he only do it due to financial difficulty brought upon by the pandemic.
He was brought to he police investigation and the drugs was confiscated. Now, he is
being charged for violation of Section 5 of Republic Act No 9165 (selling of
dangerous drugs). If the drugs will be presented in court as evidence, is it
admissible? Why? Explain fully. (10%)

6. Distinguish lack of personal knowledge to hearsay (5%)

7. On March 12, 2008, Mabini was charged with Murder for fatally stabbing Emilio. To
prove the qualifying circumstance of evident premeditation, the prosecution
introduced on December 11, 2009 a text message, which Mabini’s estranged wife
Gregoria had sent to Emilio on the eve of his death, reading: “Honey, pa2tayin u ni
Mabini. Mtgal n nyang plano i2. Mg ingat u bka ma tsugi k.” A subpoena ad
testificandum was served on Gregoria for her to be presented for the purpose of
identifying her cellphone and the tex message. Mabini objected to her presentation
on the ground of marital privilege. Resolve. (10%)

8. Referring to No. 7, suppose Mabini’s objection in question A was sustained. The


prosection thereupon announced that it would be presenting Emilio’s wife Graciana
to identify Emilio’s cellphone bearing Gregoria’s text message. Mabini objected
again. Rule on the objection. (5%)

9. With reference to Number 7 and 8, if Mabini’s objection in question B was overruled,


can he object to the presentation of the text message on the ground that it is hearsay?
(5%)

10. With reference to Number 7 to 9, suppose that shortly before expired, Emilio was
able to send a text message to his wife Graciana reading “Nasaksak ako. D na me
makahinga. Si Mabini ang may gawa ni2.” Is this message admissible as a dying
declaration? Explain. (5%)

11. For over a year, Nenita had been estranged from her husband Walter because of the
latter’s suspicion that she was having an affair with Vladimir, a barangay kagawad
who lived in nearby Mandaluyong. Nenita lived in the meantime with her sister in
Makati. One day, the house of Nenita’s sister inexplicably burned almost to the
ground. Nenita and her sister were caught inside the house but Nenita survived as
she fled in time, while her sister tried to save belongings and was caught inside when
the house collapsed. As she was running away from the burning house, Nenita was
surprised to see her husband also running away from the scene. Dr. Carlos, Walter’s
psychiatrist who lived near the burned house and whom Walter medically consulted
after the fire, also saw Walter in the vicinity some minutes before the fire.
Coincidentally, Fr. Platino, the parish priest who regularly hears Walter’s confession
and who heard it after the fire, also encountered him not too far away from the
burned house Walter was charged with arson and at his trial, the prosecution moved
to introduce the testimonies of Nenita, the doctor and the priest-confessor, who all
saw Walter at the vicinity of the fire at about the time of the fire.

(A) May the testimony of Nenita be allowed over the objection of Walter? (10%)

12. On August 15, 2008, Edgardo committed estafa against Petronilo in the amount of P3
Million. Petronilo brought his complaint to the National Bureau of Investigation,
which found that Edgardo had visited his lawyer twice, the first time on August 14,
2008 and the second on August 16, 2008; and that both visits concerned the swindling
of Petronilo. During the trial of Edgardo, the RTC issued a subpoena ad
testificandum to Edgardo’s lawyer for him to testify on the conversations during
their first and second meetings. May the subpoena be quashed on the ground of
privileged communication? Explain fully. (10%)

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