EVIDENCE

CLJ 5
Professor: Mark Vencent P. Jacutin, LPT, MSMAED, J.D.

I. MULTIPLE CHOICE: Choose the best letter that corresponds to

your answer. Write the letters only. (2pts. each)

1. To prove that Alicia stabbed her husband Santiago, Magno testified

that he heard Rico running down the street, shouting excitedly,
“Sinaksak daw ni Alicia ang asawa niya!” Is Rico’s statement as
narrated by Magno admissible?
A. No, since the startling event had passed.
B. Yes, as part of the res gestae.
C. No, since the excited statement is itself hearsay.
D. Yes, as an independently relevant statement.
2. To prove the identity of the assailant in a crime of homicide, a police
officer testified that, Andy, who did not testify in court, pointed a
finger at the accused in a police lineup. Is the police officer’s
testimony regarding Andy’s identification of the accused admissible
evidence?
A. Yes, since it is based on his personal knowledge of Andy’s identification
of the accused.
B. Yes, since it constitutes an independently relevant statement.
C. No, since the police had the accused identified without warning him of
his rights.
D. No, since the testimony is hearsay.
3. Which of the following is NOT REQUIRED of declaration against
interest as an exception to the hearsay rule?
A. The declarant had no motive to falsify and believed such declaration to
be true.
B. The declarant is dead or unable to testify.
C. The declaration relates to a fact against the interest of the declarant.
D. At the time he made said declaration he was unaware that the same was
contrary to his aforesaid interest.
4. Character evidence is admissible
A. In criminal cases, the accused may prove his good moral character if
pertinent to the moral trait involved in the offense charged.
B. In criminal cases, the prosecution may prove the bad moral character of
the accused to prove his criminal predisposition.
C. In criminal cases, the bad moral character of the offended party may not
be proved.
 D. When it is evidence of the good character of a witness even prior to
impeachment.
5. Henry testified that a month after the robbery Asiong, one of the
accused, told him that Carlos was one of those who committed the
crime with him. Is Henry’s testimony regarding what Asiong told him
admissible in evidence against Carlos?
A. No, since it is hearsay.
B. No, since Asiong did not make the statement during the conspiracy.
C. Yes, since it constitutes admission against co-conspirator.
D. Yes, since it part of the res gestate.
6. To prove that payment of a debt, Bong testified that he heard Darence
say, as the latter was handing over money to Ana, that it was payment
of debt. Is Bong’s testimony admissible in evidence?
A. Yes, since what Darence said and did is an independently relevant
statement.
B. No, since what Darence said and did was not in response to a startling
occurrence.
C. No, since Bong’s testimony of what Darence said and did is hearsay.
D. Yes, since Darence’s statement and action, subject of Bong’s testimony,
constitutes a verbal act.
7. Considering the qualifications required of a would-be witness, who
among the following is INCOMPETENT to testify?
A. A person under the influence of drugs when the event he is asked to
testify on took place.
B. A person convicted of perjury who will testify as an attesting witness to a
will.
C. A deaf and dumb.
D. A mental retardate.
8. Which of the following is TRUE regarding Parol evidence?
A. All writings shall trigger the application of the parol evidence rule.
B. Parol evidence shall apply to written as well as to oral agreements.
C. The writing that embodies the agreement of the parties shall be in a
particular form.
D. Parol evidence rule applies to wills.
9. All but one of the following erroneously describes the Requisites of
Act or Declaration about Pedigree.
A. Declarant dead or unable to testify
B. Made ante litem motam
C. Declarant is not related to the person whose pedigree is in question
D. Relationship between declarant and person whose pedigree is in question
showed by
evidence other than the declaration
10. The declaration of a dying person may be admissible in evidence
for several purposes such as being offered as a dying declaration, a
 statement part of res gestae and or a dying declaration against
interest. In such case, it is considered as an example of?
A. Curative admissibility
B. Circumstantial evidence
C. Multiple admissibility
D. Corroborative evidence
11. Object evidence are those addressed to the senses of the court.
They can be categorized as follows except one:
A. Unique objects or objects that have readily identifiable marks
B. Tangible and unique objects which appeals indirectly to the senses of the
court
C. Objects that are made unique
D. Objects with no identifying marks and cannot be marked
12. When the subject of the inquiry is the contents of a document,
the best evidence admissible is the original document itself. This
however is not an absolute rule. All but one of the following are the
exceptions to the best evidence rule.
A. When the original is a public record in the custody of a public officer or is
recorded in a public office
B. When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter produce it after
reasonable notice
C. When the original has been lost, or destroyed or cannot be produced in
court, without bad faith on the part of the offeror
D. When the original consists of numerous accounts or other documents
which cannot be examined in court without great loss of time and the fact
sought to be established from them is only the general result of the whole
13. Section 42 of Rule 130 of the Revised Rules of Court defines
verbal act as?
A. Statements accompanying an equivocal act material to the issue and
giving it legal significance
B. A statement that concerns a startling event, made by the declarant when
the declarant is still under stress from the startling event
C. A statement describing or explaining an event or condition made while
the declarant perceived the event or condition, or immediately
thereafter, except when made under circumstances indicating a lack of
trustworthiness
D. An act made by a person in response to a startling or shocking event or
condition. It is an unplanned reaction to a “starling event”.
14. For the testimony or deposition at a former proceeding as
contemplated in Section 47 of the Rules of Court to apply, the
following except one must be satisfied.
A. The witness is dead or unable to testify
B. The former case involved the same subject as that in the present case,
with the same cause of action
 C. The issue being testified to by the witness in the former trial is the same
issue involved in the present case
D. The adverse party had an opportunity to cross-examine the witness in the
former case.
15. All but one of the following pertains to the disqualification of
witness by privileged communication in an attorney-client relationship
A. The privileged is extended to communications made for the purpose of
securing the services of counsel even if the counsel later refuses the
professional relationship
B. The privileged shall apply only in the course of actual professional
employment
C. The communication may be oral or written but is deemed to extend to
other forms of conduct like physical demonstration as long as they are
intended to be confidential
D. It is commonly acknowledged that the privilege does not extend to
communications where the client’s purpose is the furtherance of a future
intended crime or fraud
16. The Rules of Court provides that character evidence is
admissible in all but one of the following instances
A. When it is evidence of the good character of a witness even prior to
impeachment
B. In criminal cases, the accused may prove his good moral character if
pertinent to the moral trait involved in the offense charged
C. In criminal cases, the bad moral character of the offended party may not
proved
D. In criminal cases, the prosecution may prove the bad moral character of
the accused to prove his criminal predisposition
17. All but one of the following erroneously describes the Requisites
of Entries in the course of business
A. Entrant is deceased or unable to testify
B. Entrant must have been in a position to know the facts therein
stated
C. Entries made by entrant in his professional capacity outside the
performance of a duty
D. Entries were made in the ordinary or regular course of business
18. The following are requisites for Marital Privilege EXCEPT ONE
A. Valid marital relation must have existed
B. Privilege is claimed with respect to a communication made by one spouse
to
another during the marriage
C. Communication was not made in confidence
D. Communication was made in confidence
19. The declaration of an accused acknowledging his guilt of the
offense charged, or of any offense necessarily included therein, may
be given in evidence against him is called
 A. Admission
B. Testimony
C. Evidence
D. Confession
20. The opinion of a witness for which proper basis is given, may be
received in evidence EXCEPT ONE
A. The identity of a person about whom he has adequate knowledge
B. A handwriting with which he has sufficient familiarity
C. The mental sanity of a person with whom he is sufficiently acquainted
D. The emotional sanity of a person with whom he is sufficiently acquainted
21. That a person is__________ of crime or wrong.
A. innocents B. innocent C. committing D. guilty
22-23. That _________ act was done with __________ intent.
A. a bad B. an lawful C. an unlawful D. a serious
24. That evidence willfully _________ would be adverse if produced.
A. suppresses B. acted C. committed D. suppressed
25. That private _________ have been fair and regular.
A. complaint B. transactions C. respondent D. obligations
26. That a person acting in a __________ was regularly appointed or
elected to it.
A. public office B. private office C. capacity D. case
27. That a person intends the ordinary_________ of his or her voluntary
act.
A. motive B. life C. action D.
consequences
28. That a _____ delivered by one to another belonged to the latter.
A. document B. evidence C. thing D. order
29. Burden of proof is the duty of a party to ____________ on the facts in
issue necessary to establish his or her claim or defense by the amount of
evidence required by law.
A. present documents B. present evidence C. present witness
D. present in court
30. Burden of evidence is the duty of a party to ___________ sufficient to
establish or rebut a fact in issue to establish a prima facie case.
A. present documents B. present evidence C. present witness
D. present in court
31. ________________ doubt does not mean such a degree of proof as,
excluding possibility of error, produces absolute certainty.
A. Extrajudicial confession B. Circumstantial evidence C. Proof
beyond reasonable doubt D. Preponderance of evidence
32. ________________ made by an accused shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus delicti.
 A. Extrajudicial confession B. Circumstantial evidence C. Proof
beyond reasonable doubt D. Preponderance of evidence E. Substantial
evidence
33. The court may consider all the facts and circumstances of the
case, the witnesses' manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which they are testifying, the nature of
the facts to which they testify, the probability or improbability of their
testimony, their interest or want of interest, and also their personal
credibility so far as the same may legitimately appear upon the trial.
A. Extrajudicial confession B. Circumstantial evidence C. Proof
beyond reasonable doubt D. Preponderance of evidence E. Substantial
evidence
34. __________________is sufficient for conviction if: (a) There is more
than one circumstance; (b) The facts from which the inferences are derived
are proven; and (c) The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt.
A. Extrajudicial confession B. Circumstantial evidence C. Proof
beyond reasonable doubt D. Preponderance of evidence E. Substantial
evidence
35. In cases filed before administrative or quasi-judicial bodies, a
fact may be deemed established if it is supported by____________, or that
amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion.
A. Extrajudicial confession B. Circumstantial evidence C. Proof
beyond reasonable doubt D. Preponderance of evidence E. Substantial
evidence
36. Onus probandi means
A. burden of proof B. burden of evidence C. guilty mind D.
evil act
37. mens rea means
A. burden of proof B. burden of evidence C. guilty mind D.
evil act
38. actus reus means
A. burden of proof B. burden of evidence C. guilty mind
D. evil act
39. prima facie means
A. burden of proof B. burden of evidence C. guilty mind
D. at first sight
40. Moral certainty only is required, or that degree of proof
which produces conviction in an unprejudiced mind.
 A. Extrajudicial confession B. Circumstantial evidence C. Proof
beyond reasonable doubt D. Preponderance of evidence E. Substantial
evidence.
41. Res gestae means
A. ultimate fact B. things done C. evidentiary fact D. at
first sight
42. Factum probandum means
A. ultimate fact B. things done C. evidentiary fact D. at
first sight
43. Factum probans means
A. ultimate fact B. things done C. evidentiary fact D. at
first
44. EXCEPT ONE are the Kinds of Privileged Communications.
A. Marital privilege B. Attorney-client C Doctor-patient D.
Priest-member
45. EXCEPT ONE are Exceptions to Hearsay Rule
A. Dying declaration B Declaration against interest C. Onus
Probandi D. Res gestae
46-50. In 50 words, share your thoughts on how important
Evidence as a subject in Criminology.

Class, I am ROOTING on you so KEEP

GOIN!!!