Question and Answer in Criminal Law and Jurisprudence Set 1 By: Charlemagne James P. Ramos

QUESTION AND ANSWER IN
CRIMINAL LAW AND JURISPRUDENCE
SET 1
By: Charlemagne James P. Ramos
1. Under the rule of examination of a child witness,
testimony of a child is _______ to support a finding of
fact, conclusion or judgement subject to standard proof
required in criminal and non‐criminal cases.
A. sufficient
B. credible
C. corroboration is not required
D. all of the above
1. Under the rule of examination of a child witness,
testimony of a child is _______ to support a finding of
fact, conclusion or judgement subject to standard proof
required in criminal and non‐criminal cases.
A. sufficient
B. credible
C. corroboration is not required
D. 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 gestae
B. dying declaration
C. A and B is correct
D. none 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 gestae
B. dying declaration
C. A and B is correct
3. the rules on electronic evidence applies to
A. quasi‐judicial proceedings
B. civil ations and proceeding
C. administrative cases
D. all of the above
3. the rules on electronic evidence applies to
A. quasi‐judicial proceedings
B. civil ations and proceeding
C. administrative cases
D. all of the above
4. in criminal cases, the factum probandum for the
prosecution of the crime of theft that the prosecution
must prove beyond reasonable doubt constitutes:
A. that there be personal property belonging to another
B. that there is unlawful taking of that property
C. that the taking is with intent to gain
D. all of the above
4. in criminal cases, the factum probandum for the
prosecution of the crime of theft that the prosecution
must prove beyond reasonable doubt constitutes:
A. that there be personal property belonging to another
B. that there is unlawful taking of that property
C. that the taking is with intent to gain
D. all of the above
5. This defense is viewed with disfavour as it can be
concocted an commonly used as defense in most
prosecution arising from the violations of dangerous
drugs act
A. defense of frame up
B. defense of alibi
C. self‐defense
D. denial
5. This defense is viewed with disfavour as it can be
concocted an commonly used as defense in most
prosecution arising from the violations of dangerous
drugs act
A. defense of frame up
B. defense of alibi
C. self‐defense
D. denial
6. The presentation of the informant in illegal drug
cases is not indispensible for a successful prosecution.
A. partially true
B. partially false
C. true
D. false
6. The presentation of the informant in illegal drug
cases is not indispensible for a successful prosecution.
A. partially true
B. partially false
C. true
D. false
7. Under this doctrine of admissibility, it allows a party
to introduce otherwise inadmissible evidence to answer
the opposing party’s previous introduction of
inadmissibility evidence. If it would remove any unfair
prejudiced caused by the admission of the earlier
inadmissible evidence.
A. curative evidence
B. conditional evidence
C. multiple admissibility
D. rules on admissibility
7. Under this doctrine of admissibility, it allows a party
to introduce otherwise inadmissible evidence to answer
the opposing party’s previous introduction of
inadmissibility evidence. If it would remove any unfair
prejudiced caused by the admission of the earlier
inadmissible evidence.
A. curative evidence
B. conditional evidence
C. multiple admissibility
D. rules on admissibility
8. Under this doctrine, foreign laws must be alleged and
proved. In the absence of proof, the foreign law will
presumed to the same as the laws of the jurisdiction.
A. processual presumption
B. French rule
C. presumption of innocence
D. due process of law
8. Under this doctrine, foreign laws must be alleged and
proved. In the absence of proof, the foreign law will
presumed to the same as the laws of the jurisdiction.
A. processual presumption
B. French rule
C. presumption of innocence
9. The testimony of X that he saw Y hack A with a bolo
and the testimony of Z that he indeed saw Y strike the
victim with the bladed weapon. The testimony of X and
Z is what kind of evidence?
A. cumulative evidence
B. positive evidence
C. testimonial evidence
D. all of the above
9. The testimony of X that he saw Y hack A with a bolo
and the testimony of Z that he indeed saw Y strike the
victim with the bladed weapon. The testimony of X and
Z is what kind of evidence?
A. cumulative evidence
B. positive evidence
D. all of the above
10. Evidence obtained in violation of Anti‐wiretapping
law (RA 4200) shall not be admissible in evidence in
what proceedings?
A. judicial and quasi‐judicial
B. legislative
C. administrative hearing or investigation
D. all of the above
10. Evidence obtained in violation of Anti‐wiretapping
law (RA 4200) shall not be admissible in evidence in
what proceedings?
A. judicial and quasi‐judicial
B. legislative
C. administrative hearing or investigation
D. all of the above
11. According to the laws of the land, of the fact in issue
in a cause, for the purposes of determining such issue
A. indictment
B. judgment
C. arraignment
D. trial
11. According to the laws of the land, of the fact in issue
in a cause, for the purposes of determining such issue
A. indictment
B. judgment
C. arraignment
D. trial
12. The ultimate fact sought to be established may
be ascertained in:
A. pleading submitted by the parties
B. pre‐trial order
C. issued are tried with the express or implied
consent of the parties
D. all of the above
12. The ultimate fact sought to be established may
be ascertained in:
A. pleading submitted by the parties
B. pre‐trial order
C. issued are tried with the express or implied
consent of the parties
D. all of the above
13. Evidence when not required except
A. question of law
B. question of fact
C. judicial notice
D. judicial admission
13. Evidence when not required except
A. question of law
B. question of fact
C. judicial notice
D. judicial admission
14. This is not absolute rule of law and is not strictly
applied in our jurisdiction. This doctrine means that if
the testimony of a witness on a material issue is willfully
false and given with intention to deceive, the jury may
disregard all witness’ testimony.
A. the fruit of poisonous tree
B. false in one thing , false in everything
C. doctrine of processual presumption
14. This is not absolute rule of law and is not strictly
applied in our jurisdiction. This doctrine means that if
the testimony of a witness on a material issue is willfully
false and given with intention to deceive, the jury may
disregard all witness’ testimony.
A. the fruit of poisonous tree
B. false in one thing , false in everything
C. doctrine of processual presumption
15. Delayed reporting by witness of what they know
about a crime renders their testimony false or
incredible.
A. true
B. false
C. partially false
D. partially true
15. Delayed reporting by witness of what they know
about a crime renders their testimony false or
incredible.
A. true
B. false
C. partially false
D. partially true
16. Negative testimony normally enjoys more weight
than a positive testimony
A. True
B. False
C. partially true
D. partially false
16. Negative testimony normally enjoys more weight
than a positive testimony
A. True
B. False
C. partially true
D. partially false
17. P claims to have been injured by the negligence of D
who denies having been negligent, the negligence of D
and the casual connection between such negligence and
the injuries of P taken as a whole of the suit constitutes
A. factum probans
B. factum probandum
C. a and b is correct
17. P claims to have been injured by the negligence of D
who denies having been negligent, the negligence of D
and the casual connection between such negligence and
the injuries of P taken as a whole of the suit constitutes
A. factum probans
B. factum probandum
18. Unless the witness is incapacitated to speak,
the answer of the witness shall be given
A. by affidavit
B. in open court
C. orally
D. in writing
18. Unless the witness is incapacitated to speak,
the answer of the witness shall be given
A. by affidavit
B. in open court
C. orally
D. in writing
19. In court proceedings, examination of witness
means:
A. to be examined by a physician in court
B. to interrogate a person in the witness stand
C. to determine his capacity to speak
D. to be given a test before hearing
19. In court proceedings, examination of witness
means:
A. to be examined by a physician in court
B. to interrogate a person in the witness stand
C. to determine his capacity to speak
D. to be given a test before hearing
20. A misleading question is one which:
A. is wrong in grammar
B. assumes a fact not yet testified to by the witness
C. is impertinent to the issue
D. suggest the answer which the examining party
desires
20. A misleading question is one which:
A. is wrong in grammar
B. assumes a fact not yet testified to by the witness
C. is impertinent to the issue
D. suggest the answer which the examining party
desires
21. Extrajudicial confession made by the accused is
A. sufficient if corroborated by corpus delicti
B. not sufficient ground for conviction
C. sufficient ground for conviction
D. all of the above
21. Extrajudicial confession made by the accused is
A. sufficient if corroborated by corpus delicti
B. not sufficient ground for conviction
C. sufficient ground for conviction
D. all of the above
22. For the purpose of their presentation in
evidence, documents are either
A. public or private
B. affidavit or sworn statement
C. handwritten or type written
D. all of the above
22. For the purpose of their presentation in
evidence, documents are either
A. public or private
B. affidavit or sworn statement
C. handwritten or type written
D. all of the above
23. Unless a different period is allowed by the
court, an offer of evidence in writing shall be
objected _______
A. evidence in writing
B. evidence offered orally
C. as soon as the grounds become apparent
D. objections must be specified
23. Unless a different period is allowed by the
court, an offer of evidence in writing shall be
objected _______
A. evidence in writing
B. evidence offered orally
C. as soon as the grounds become apparent
D. objections must be specified
24. It refers to worthiness of belief, that quality
which renders a witness worthy of belief
A. credibility
B. admissibility
C. competency
D. relevancy
24. It refers to worthiness of belief, that quality
which renders a witness worthy of belief
A. credibility
B. admissibility
C. competency
D. relevancy
25. It exists when the drug is under the domination
and control of the accused or when he has the
right to exercise domination and control over the
place where it is found.
A. actual possession
B. constructive possession
C. illegal possession
D. all of the above
25. It exists when the drug is under the domination
and control of the accused or when he has the
right to exercise domination and control over the
place where it is found.
A. actual possession
B. constructive possession
C. illegal possession
D. all of the above
26. Under sec 7 of the human security act, the provision of R A
4200 notwithstanding, a ___________ may listen to, intercept
and record, any communication, message, conversation,
discussion, or written or spoken words between the following
members of judicially declared outlawed terrorist organization,
or group of person or of any person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism.
A. police officers
B. law enforcements officials
26. Under sec 7 of the human security act, the provision of R A
4200 notwithstanding, a ___________ may listen to, intercept
and record, any communication, message, conversation,
discussion, or written or spoken words between the following
members of judicially declared outlawed terrorist organization,
or group of person or of any person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism.
A. police officers
B. law enforcements officials
27. Waiver of the rules of evidence, under the civil code
of the Philippines (art 6) rights may be waived, unless
the waiver is contrary to
A. law and public order
B. public policy and morals
C. good customs or prejudicial to a third person with
a right recognized by law
D. all of the above
27. Waiver of the rules of evidence, under the civil code
of the Philippines (art 6) rights may be waived, unless
the waiver is contrary to
A. law and public order
B. public policy and morals
C. good customs or prejudicial to a third person with
a right recognized by law
D. all of the above
28. This term connotes an absence of a direct connection
between the evidence and the matter in dispute, it is a
parallel or diverging line merely additional or auxiliary
A. corroborative
B. negative
C. cumulative
D. collateral
28. This term connotes an absence of a direct connection
between the evidence and the matter in dispute, it is a
parallel or diverging line merely additional or auxiliary
A. corroborative
B. negative
C. cumulative
D. collateral
29. A party may make judicial admission in
A. the pleadings
B. during the trial, either by verbal or written
manifestation or stipulations
C. in other stages of the judicial proceedings
D. all of the above
29. A party may make judicial admission in
A. the pleadings
B. during the trial, either by verbal or written
manifestation or stipulations
C. in other stages of the judicial proceedings
D. all of the above
30. A mistake that is clear to the mind or plain to see, it
is mistake that is readily perceived by the senses or the
mind that would relieve a party from the effects of his
admission.
A. culpable
B. palpable
C. believable
D. inevitable
30. A mistake that is clear to the mind or plain to see, it
is mistake that is readily perceived by the senses or the
mind that would relieve a party from the effects of his
admission.
A. culpable
B. palpable
C. believable
D. inevitable
31. Offer of compromise is not admissible
A. in civil cases
B. in criminal cases, except those involving quasi‐
offenses or those allowed by law to be
compromised
C. a plea of guilty later withdrawn, or an unaccepted
offer of plea of guilty to a lesser offense
D. an offer to pay or the payment of medical, hospital
or other expenses occasioned by an injury
31. Offer of compromise is not admissible
A. in civil cases
B. in criminal cases, except those involving quasi‐
offenses or those allowed by law to be
compromised
C. a plea of guilty later withdrawn, or an unaccepted
offer of plea of guilty to a lesser offense
D. an offer to pay or the payment of medical, hospital
or other expenses occasioned by an injury
32. Is an act, declaration or omission of a party to a
relevant fact, it is a voluntary acknowledgement made
by a party of the existence of the truth of certain facts
which are inconsistent with his claim in an action.
A. confession
B. admission
C. declaration against interests
D. all of the above
32. Is an act, declaration or omission of a party to a
relevant fact, it is a voluntary acknowledgement made
by a party of the existence of the truth of certain facts
which are inconsistent with his claim in an action.
A. confession
B. admission
C. declaration against interests
D. all of the above
33. Mr. A in his Counter‐affidavit declares that he
performed an act like shooting the victim but denies
that he did so with criminal intent because the shooting
was done in self‐defense, the declaration of Mr. A is
A. confession
B. admission
C. declaration against interest
D. all of the above
33. Mr. A in his Counter‐affidavit declares that he
performed an act like shooting the victim but denies
that he did so with criminal intent because the shooting
was done in self‐defense, the declaration of Mr. A is
A. confession
B. admission
D. all of the above
34. This admission occurs when a person manifest his
assent to the statement of other person.
A. adoptive admission
B. extra‐judicial confession
C. judicial confession
D. offer of compromise
34. This admission occurs when a person manifest his
assent to the statement of other person.
A. adoptive admission
B. extra‐judicial confession
C. judicial confession
35.‐37
The mutilated cadaver of a woman was discovered near the creek,
due to witnesses attesting that he saw the last person seen with
the woman when she still alive was Carlito, Carlito was arrested
within 5 hours after the discovery of the cadaver and brought to
the police station. The crime laboratory determined that the
woman had been raped. While in police custody, Carlito broke
down in the presence of his assisting counsel and orally confessed
to the investigator that he had raped and killed the woman,
detailing the acts he had performed up to his dumping the body
near the creek. He was genuinely remorseful. During the trial, the
state presented the investigator to testify on the oral confession of
Carlito.
35. Oral confession of Carlito is?
A. admissible evidence of guilt
B. inadmissible evidence of guilt
C. sufficient to support conviction
D. insufficient to support conviction
35. Oral confession of Carlito is?
A. admissible evidence of guilt
B. inadmissible evidence of guilt
C. sufficient to support conviction
D. insufficient to support conviction
36. The oral confession of Carlito while in the police
custody is
A. judicial admission
B. judicial confession
C. extra‐judicial confession
D. all of the above
36. The oral confession of Carlito while in the police
custody is
B. judicial confession
D. all of the above
37. The witness attested that he saw the last person
seen with the woman when she was still alive was
Carlito is?
A. direct evidence
B. prima facie evidence
C. demonstrative evidence
D. circumstantial evidence
37. The witness attested that he saw the last person
seen with the woman when she was still alive was
Carlito is?
A. direct evidence
B. prima facie evidence
C. demonstrative evidence
D. circumstantial evidence
38. The silence of a person under investigation for the
commission of crime is
A. admission by silence
B. not an admission by silence because of the
constitutional mandates
D. confession
38. The silence of a person under investigation for the
commission of crime is
B. not an admission by silence because of the
constitutional mandates
D. confession
39. It literally means that things done between strangers
ought not to injure those who are not parties to them.
A. falsus in umo, falsus in omnibus
B. res inter alios acta nocre non debet
C. actus me invito factus non est meus actus
D. actus non facit reum nesi mens sit rea
39. It literally means that things done between strangers
ought not to injure those who are not parties to them.
A. falsus in umo, falsus in omnibus
B. res inter alios acta nocre non debet
C. actus me invito factus non est meus actus
D. actus non facit reum nesi mens sit rea
40. Person who are partakers or have an interest in any
action or thing, or any relation to another
A. privies
B. conspirator
C. co‐partner
D. agent
40. Person who are partakers or have an interest in any
action or thing, or any relation to another
A. privies
B. conspirator
C. co‐partner
D. agent
41. Evidence that tends to show what a person has done
a similar act at another time is probative of the
contention that he has done a similar act at another
time.
A. propensity evidence
B. demonstrative evidence
C. character evidence
D. demeanor evidence
41. Evidence that tends to show what a person has done
a similar act at another time is probative of the
contention that he has done a similar act at another
time.
A. propensity evidence
C. character evidence
D. demeanor evidence
42. The act, declaration or omission of a party as to
relevant fact may be given in evidence against the
offeror.
A. admission of a party
B. admission by the third party
C. confession
42. The act, declaration or omission of a party as to
relevant fact may be given in evidence against the
offeror.
A. admission of a party
B. admission by the third party
C. confession
43. An act or declaration made in the presence of and
within the hearing or observation of a party who does or
says nothing when the act or declaration in such as
naturally to call for action or comment if not true, and
when the act proper and possible for him to do so, may
be given in evidence against him.
B. admission by privies
C. admission by conspirator
D. admission by co partner or agent
43. An act or declaration made in the presence of and
within the hearing or observation of a party who does or
says nothing when the act or declaration in such as
naturally to call for action or comment if not true, and
when the act proper and possible for him to do so, may
be given in evidence against him.
B. admission by privies
C. admission by conspirator
D. admission by co partner or agent
44.An offer in writing to pay a particular sum of money or to
deliver a written instrument or specific personal property is, if
rejected without valid cause, equivalent to the actual
production and tender of the money, instrument or property.
A. unaccepted offer
B. offer of compromise in civil cases
C. offer of compromise in criminal cases
D. 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 to
deliver a written instrument or specific personal property is, if
rejected without valid cause, equivalent to the actual
production and tender of the money, instrument or property.
A. unaccepted offer
B. offer of compromise in civil cases
C. offer of compromise in criminal cases
D. offer to pay the payment of medical, hospital or other
expenses on occasioned by injury
45. Physical evidence ranks high in our hierarchy of
trustworthy evidence but where the physical
evidence runs counter to the testimonial what
should prevail?
A. physical evidence
B. testimonial evidence
45. Physical evidence ranks high in our hierarchy of
trustworthy evidence but where the physical
evidence runs counter to the testimonial what
should prevail?
A. physical evidence
B. testimonial evidence
46. Under which categories of object evidence
thus a caliber .45 pistol used in killing the victim
falls?
A. unique objects
B. object just made unique
C. non‐unique evidence
46. Under which categories of object evidence
thus a caliber .45 pistol used in killing the victim
falls?
A. unique objects
B. object just made unique
C. non‐unique evidence
47. Its purpose in establishing it is to guaranty that
the integrity of the physical evidence and to
prevent the introduction of evidence which is not
authentic.
A. chain of custody
B. custodial investigation
C. marking of evidence
D. all of the above
47. Its purpose in establishing it is to guaranty that
the integrity of the physical evidence and to
prevent the introduction of evidence which is not
authentic.
A. chain of custody
B. custodial investigation
C. marking of evidence
D. all of the above
48.These are forms of communication refer to telephone
conversations, text messages, chatroom sessions,
streaming audio, and other form of electronic
communication, the evidence of which is not recorded or
retained.
A. epheral electronic communications
B. recordings
C. motion pictures
D. electronic evidence
48.These are forms of communication refer to telephone
conversations, text messages, chatroom sessions,
streaming audio, and other form of electronic
communication, the evidence of which is not recorded or
retained.
A. epheral electronic communications
B. recordings
C. motion pictures
D. electronic evidence
49. It refers to evidence other than the original instrument
or documents itself.
A. secondary evidence
B. best evidence
C. original evidence
D. primary evidence
49. It refers to evidence other than the original instrument
or documents itself.
A. secondary evidence
B. best evidence
C. original evidence
D. primary evidence
50. When carbon sheets are inserted between two or
more sheets of paper with the writing and the signature
on the first sheet being reproduced in the sheets
beneath by the same stroke of the pen or writing
medium, all of the sheets are deemed?
A. original documents
B. secondary evidence
C. carbon copy
D. mimeograph
50. When carbon sheets are inserted between two or
more sheets of paper with the writing and the signature
on the first sheet being reproduced in the sheets
beneath by the same stroke of the pen or writing
medium, all of the sheets are deemed?
A. original documents
B. secondary evidence
C. carbon copy
D. mimeograph
51. Original documents is one which:
A. the contents are the subject of inquiry
B. when the subject is in two or more copies are
executed at or about the same time, with identical
contents
C. when an entry is repeated in the regular course of
business, one being copied from another at or near
the time of the transaction.
D. all of the above
51. Original documents is one which:
A. the contents are the subject of inquiry
B. when the subject is in two or more copies are
executed at or about the same time, with identical
contents
C. when an entry is repeated in the regular course of
business, one being copied from another at or near
the time of the transaction.
D. all of the above
52. Among various evidentiary rules, it is rule that
has direct application to the law on contracts
A. extrinsic evidence rule
B. evidence aluinde rule
C. parol evidence rule
D. all of the above
52. Among various evidentiary rules, it is rule that
has direct application to the law on contracts
A. extrinsic evidence rule
B. evidence aluinde rule
C. parol evidence rule
D. 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
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 presented
to indicate the relative locations or positions of objects
persons.
A. diagrams
B. model sketch
C. maps
D. all of the above
54. These types of demonstrative evidence are presented
to indicate the relative locations or positions of objects
persons.
A. diagrams
B. model sketch
C. maps
D. all of the above
55.Also refer as skiagraphs or radiographs
A. motion picture
B. recordings
C. epheral electronic communication
D. x‐ray pictures
55.Also refer as skiagraphs or radiographs
A. motion picture
B. recordings
C. epheral electronic communication
D. x‐ray pictures
56. This embraces any notable fact in the life of a
member of the family and includes relationship family
genealogy birth, marriage, death, the dates when and
the places where these facts occurred and the names of
relatives.
A. culture
B. heritage
C. inheritance
D. pedigree
56. This embraces any notable fact in the life of a
member of the family and includes relationship family
genealogy birth, marriage, death, the dates when and
the places where these facts occurred and the names of
relatives.
A. culture
B. heritage
C. inheritance
D. pedigree
57.That degree of proof which produces conviction in an
unprejudiced mind.
A. clear and convincing evidence
B. preponderance of evidence
C. substantial evidence
D. proof beyond reasonable doubt
57.That degree of proof which produces conviction in an
unprejudiced mind.
A. clear and convincing evidence
B. preponderance of evidence
C. substantial evidence
D. proof beyond reasonable doubt
58. To which of the following types of evidence may the
best evidence apply
A. testimonial
B. hearsay
C. object
D. documentary
58. To which of the following types of evidence may the
best evidence apply
A. testimonial
B. hearsay
C. object
D. documentary
59. Which of the following types of evidence cannot
stand on its own and must always be accompanied by
the testimonial evidence?
A. hearsay
B. documentary
C. secondary
D. object
59. Which of the following types of evidence cannot
stand on its own and must always be accompanied by
the testimonial evidence?
A. hearsay
B. documentary
C. secondary
D. object
60. Which of the following need not proved in a case?
A. judicial notice
B. judicial admission
C. presumption of law
D. all of the above
60. Which of the following need not proved in a case?
A. judicial notice
B. judicial admission
C. presumption of law
D. all of the above
61. Demonstrative matters, government matters and
notoriety of facts are categories of subject of?
B. judicial cognizance
C. judicial mandatory
D. judicial discretion
61. Demonstrative matters, government matters and
notoriety of facts are categories of subject of?
B. judicial cognizance
C. judicial mandatory
D. judicial discretion
62. When the terms of agreement had been reduced to
writing, it is considered as containing all the terms
agreed upon and there can be, as between the parties,
no evidence of such terms other that the contents of the
agreement.
A. extrinsic evidence
B. evidence aluinde
C. parol evidence
D. all of the above
62. When the terms of agreement had been reduced to
writing, it is considered as containing all the terms
agreed upon and there can be, as between the parties,
no evidence of such terms other that the contents of the
agreement.
A. extrinsic evidence
B. evidence aluinde
C. parol evidence
D. 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 object
D. that the admission was made while engaged in the
conspiracy
order that the admission of a conspirator may be given
in evidence against his co‐conspirator?
evidence
conspiracy
64. Proof beyond reasonable doubt as a basis for
conviction in criminal cases requires
A. absolute certainty
B. clear and convincing evidence
C. corpus delicti
D. moral certainty of guilt
64. Proof beyond reasonable doubt as a basis for
conviction in criminal cases requires
A. absolute certainty
B. clear and convincing evidence
C. corpus delicti
D. moral certainty of guilt
65. Extra judicial admission and confession made by the
person orally and in the absence of his counsel during
custodial investigation is?
A. admissible
B. inadmissible
D. all of the above
65. Extra judicial admission and confession made by the
person orally and in the absence of his counsel during
custodial investigation is?
A. admissible
B. inadmissible
D. all of the above
66. It is the examination in chief of a witness by the
party presenting him on the facts relevant to the
issue.
A. cross examination
B. direct examination
C. custodial examination
D. custodial interrogation
66. It is the examination in chief of a witness by the
party presenting him on the facts relevant to the
issue.
C. custodial examination
D. custodial interrogation
67. It is where one assumes as true a fact not yet
testified to by the witness, or contrary to that which he
has previously started?
A. leading question
B. misleading question
C. direct examination
D. cross examination
67. It is where one assumes as true a fact not yet
testified to by the witness, or contrary to that which he
has previously started?
A. leading question
B. misleading question
C. direct examination
D. cross examination
68. When an instrument consists partly of written words
and partly of a printed form, and the two are
inconsistent which of them shall prevail if they are
inconsistent with each other?
A. the latter
B. the former
C. either of them
D. none of them
68. When an instrument consists partly of written words
and partly of a printed form, and the two are
inconsistent which of them shall prevail if they are
inconsistent with each other?
A. the latter
B. the former
C. either of them
D. none of them
69. Evidence which is standing alone unexplained or
uncontradicted, is sufficient to maintain its proposition
affirmed?
A. expert
B. prima facie
C. best evidence
D. conclusive
69. Evidence which is standing alone unexplained or
uncontradicted, is sufficient to maintain its proposition
affirmed?
A. expert
B. prima facie
C. best evidence
D. conclusive
70. ow do you classify photographs, maps , x rays,
charts and the like evidence
A. object evidence
C. physical evidence
D. all of the above
70. ow do you classify photographs, maps , x rays,
charts and the like evidence
A. object evidence
C. physical evidence
D. all of the above
71. A is an accused of killing B. AA who is the father of A
tried 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 admission
of guilt
B. an offer of compromise and not an implied
admission of guilt
C. not an offer of compromise and not an implied
admission of guilt
D. not an offer of compromise and an implied
admission of guilt
71. A is an accused of killing B. AA who is the father of A
tried 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 admission
of guilt
B. an offer of compromise and not an implied
admission of guilt
C. not an offer of compromise and not an implied
admission of guilt
D. not an offer of compromise and an implied
admission of guilt
72. Ms. Jinaleen is a virgin, sexy and beautiful woman who is
18 years old and Mr. Milgin who is 59 years old. Both of them
boarded a luxury cruise on the way to Singapore to celebrate
their monthsarry when the cruise ship encountered a heavy
downpour of water with strong winds that eventually
capsized the vessel. Now, both of them could no longer be
found. Who among the two shall be deemed to have survived
the other?
A. Ms. Jinaleen
B. Mr. Milgin
C. Ms. Jeanalyn dulay the chef
D. Mr. Melgean Hernandez the Captain
72. Ms. Jinaleen is a virgin, sexy and beautiful woman who is
18 years old and Mr. Milgin who is 59 years old. Both of them
boarded a luxury cruise on the way to Singapore to celebrate
their monthsarry when the cruise ship encountered a heavy
downpour of water with strong winds that eventually
capsized the vessel. Now, both of them could no longer be
found. Who among the two shall be deemed to have survived
the other?
A. Ms. Jinaleen
B. Mr. Milgin
C. Ms. Jeanalyn dulay the chef
D. Mr. Melgean Hernandez the Captain
73. One is not purpose of cross examination
A. to discredit the witness
B. to ask him misleading question
C. to discredit the testimony of the witness
D. to elicit admission from witness
73. One is not purpose of cross examination
A. to discredit the witness
B. to ask him misleading question
C. to discredit the testimony of the witness
74.Documents written in unofficial language shall
not be admitted as evidence except:
A. when accompanied with a translation in the
dialect understood by the witness
B. when translated in Filipino or English by
counsels before the trial
C. when translated in the dialect understood by
the accused
74.Documents written in unofficial language shall
not be admitted as evidence except:
A. when accompanied with a translation in the
dialect understood by the witness
B. when translated in Filipino or English by
counsels before the trial
C. when translated in the dialect understood by
the accused
75. Which of the following is the exemption to the
hearsay rule made under the consciousness of an
impending death?
A. parole evidence
B. ante mortem statement
C. suicide note
D. dead man statue
75. Which of the following is the exemption to the
hearsay rule made under the consciousness of an
impending death?
A. parole evidence
B. ante mortem statement
C. suicide note
D. dead man statue
76. Documentary and object evidence shall be offer
A. after the witness is called to testify
B. after the presentation of a party’s testimonial
evidence
C. immediately after the offer was mute
D. all of the above
76. Documentary and object evidence shall be offer
A. after the witness is called to testify
B. after the presentation of a party’s testimonial
evidence
C. immediately after the offer was mute
D. all of the above
77. Where the evidence is relevant and competent for
two or more purposes
A. conditional admissibility
B. multiple admissibility
C. curative admissibility
D. all of the above
77. Where the evidence is relevant and competent for
two or more purposes
A. conditional admissibility
B. multiple admissibility
C. curative admissibility
D. all of the above
78. The presiding judge for homicide orders the defense to
file affidavits of its witnesses which will serve as direct
examination, is the order of the judge correct?
A. yes because the purpose of the judge is to expedite
trial without delay
B. no because testifying orally of a witness in court will
enable the judge to observe the manner and
department of the witness whether he is an elusive
or rehearsed witness
C. maybe we don’t know what the judge think
78. The presiding judge for homicide orders the defense to
file affidavits of its witnesses which will serve as direct
examination, is the order of the judge correct?
A. yes because the purpose of the judge is to expedite
trial without delay
B. no because testifying orally of a witness in court will
enable the judge to observe the manner and
department of the witness whether he is an elusive
or rehearsed witness
C. maybe we don’t know what the judge think
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 evidence
A. burden of proof
B. proof
C. evidence
D. burden of evidence
80. The probative effect of evidence
A. burden of proof
B. proof
C. evidence
D. burden of evidence
81. Based on the express representation of statements
or upon positive acts or conducts. A party cannot, in the
course of litigation in pais, be permitted to repudiate his
representation or occupy inconsistent position.
A. estoppel by deed
B. estoppel by pais
C. estoppel against tenant
D. estoppel by record of judgement
81. Based on the express representation of statements
or upon positive acts or conducts. A party cannot, in the
course of litigation in pais, be permitted to repudiate his
representation or occupy inconsistent position.
A. estoppel by deed
B. estoppel by pais
C. estoppel against tenant
D. estoppel by record of judgement
82. The order of examination of individual witness
A. cross examination, direct examination, re‐cross
examination, re‐direct examination
B. direct examination, cross examination, re‐direct
examination, re‐cross examination
C. direct examination, cross examination, re‐cross
D. cross examination, direct examination, re‐direct
82. The order of examination of individual witness
A. cross examination, direct examination, re‐cross
B. direct examination, cross examination, re‐direct
C. direct examination, cross examination, re‐cross
D. cross examination, direct examination, re‐direct
83. Evidence that consist of writing or any material
containing letters, words, numbers, figures, symbols, or
other modes of written expression offered for the
evidence as part of their contents.
A. object evidence
B. documentary evidence
D. all of the above
83. Evidence that consist of writing or any material
containing letters, words, numbers, figures, symbols, or
other modes of written expression offered for the
evidence as part of their contents.
A. object evidence
B. documentary evidence
D. all of the above
84. Which of the following need not be proved in
case in court except
A. presumption of law
B. question of fact
C. judicial admission
D. judicial notice
84. Which of the following need not be proved in
case in court except
A. presumption of law
B. question of fact
C. judicial admission
D. judicial notice
85. Which of the following is a concept of the multiple
admissibility of evidence?
A. evidence proffered is admissible for one purpose
only
B. evidence is inadmissible for one purpose but
admissible for another or vice versa
C. evidence is admissible in one party only
D. all of the above
85. Which of the following is a concept of the multiple
admissibility of evidence?
A. evidence proffered is admissible for one purpose
only
B. evidence is inadmissible for one purpose but
admissible for another or vice versa
C. evidence is admissible in one party only
D. all of the above
86. The court shall consider no evidence which is has not
yet formally offered, as regards to the testimony of the
witness the offer of evidence should be made
_______________________
A. at the time the witness called to testify
B. after the presentation of testimonial evidence
C. as soon as ground become reasonably apparent
D. immediately after the offer is made
86. The court shall consider no evidence which is has not
yet formally offered, as regards to the testimony of the
witness the offer of evidence should be made
_______________________
A. at the time the witness called to testify
B. after the presentation of testimonial evidence
C. as soon as ground become reasonably apparent
D. immediately after the offer is made
87. In ______ cases, an offer of compromise is not an
admission of liability and is not admissible against the
offeror.
A. administrative
B. civil
C. criminal
D. labor
87. In ______ cases, an offer of compromise is not an
admission of liability and is not admissible against the
offeror.
A. administrative
B. civil
C. criminal
D. labor
88. Evidence which denies the existence of the fact in
issue
A. rebutting
B. negative
C. disputable
D. conclusive
88. Evidence which denies the existence of the fact in
issue
A. rebutting
B. negative
C. disputable
D. conclusive
89. Leading questions are allowed in except
C. preliminary matters
D. of an unwilling or hostile witness
89. Leading questions are allowed in except
C. preliminary matters
D. of an unwilling or hostile witness
90. It is the ultimate facts or proposition to be
established.
A. factum probans
B. factum probandum
C. positive evidence
D. negative evidence
90. It is the ultimate facts or proposition to be
established.
A. factum probans
B. factum probandum
C. positive evidence
D. negative evidence
91. Facts existing during the commission of the crime
(i.e. opportunity, presence of the accused at the scene of
the crime, etc)
A. subsequent
B. concominant
C. antecedent
D. collateral matters
91. Facts existing during the commission of the crime
(i.e. opportunity, presence of the accused at the scene of
the crime, etc)
A. subsequent
B. concominant
C. antecedent
D. collateral matters
92. Based on procedural rules and may be overcome by
evidence to the contrary
A. conclusive presumption
B. disputable presumption
C. processual presumption
D. all of the above
92. Based on procedural rules and may be overcome by
evidence to the contrary
A. conclusive presumption
B. disputable presumption
C. processual presumption
D. all of the above
93. Secondary evidence may prove it contents except
A. recital of its contents in some authentic document
B. by the handwriting of the person
C. by the testimony of the witness
D. by a copy
93. Secondary evidence may prove it contents except
A. recital of its contents in some authentic document
B. by the handwriting of the person
C. by the testimony of the witness
D. by a copy
94. X witness a man being slashed at the throat, because of
the trauma caused by the accidental witnessing of the
crime. He lost his sanity today. Is X qualified to testify as a
witness.
A. no because he became insane
B. yes provided that at the time that X would testify, he
must have regained his normal condition
C. no because he cannot testify because of the trauma
of witnessing the slashing of the throat
D. 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 of
the trauma caused by the accidental witnessing of the
crime. He lost his sanity today. Is X qualified to testify as a
witness.
A. no because he became insane
B. yes provided that at the time that X would testify, he
must have regained his normal condition
C. no because he cannot testify because of the trauma
of witnessing the slashing of the throat
D. 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 what
he did was a wrong. A returned the chicken to the place under
the house of B. Is A still criminally liable even if he desisted?
A. A is no longer criminally liable because he desisted
B. A still criminally liable even if he desisted because the
desistance should be made before acts of execution
performed
C. A still criminally liable because the act of the theft was
already committed and the return of the chicken does not
relieve him from criminal liability
D. B and C
95. A stole chicken under the house of B. after realizing that what
he did was a wrong. A returned the chicken to the place under
the house of B. Is A still criminally liable even if he desisted?
A. A is no longer criminally liable because he desisted
B. A still criminally liable even if he desisted because the
desistance should be made before acts of execution
performed
C. A still criminally liable because the act of the theft was
already committed and the return of the chicken does not
relieve him from criminal liability
D. B and C
96. An act which is to be understood as unjust or
improper conduct capable of exciting, inciting or
irritating anyone.
A. provocation
B. insinuation
C. aggression
D. irresistible force
96. An act which is to be understood as unjust or
improper conduct capable of exciting, inciting or
irritating anyone.
A. provocation
B. insinuation
C. aggression
D. irresistible force
97. Which of the following is place of worship
A. chapel
B. mosque
C. church
D. all of the above
97. Which of the following is place of worship
A. chapel
B. mosque
C. church
D. all of the above
98. Evidence directed to prove a fact in issue as
determined by the rules of substantive law and
pleading‐
A. Relevant Evidence
B. Material Evidence
C. Direct Evidence
D. Circumstantial Evidence
98. Evidence directed to prove a fact in issue as
determined by the rules of substantive law and
pleading‐
A. Relevant Evidence
B. Material Evidence
C. Direct Evidence
D. Circumstantial Evidence
99.Demonstrative evidence is applicable to the
presentation of
A. best evidence
B. document
C. testimonial
D. object
99.Demonstrative evidence is applicable to the
presentation of
A. best evidence
B. document
C. testimonial
D. object
order that the admission of a conspirator may be given in
evidence against his co‐conspirator?
evidence
conspiracy
order that the admission of a conspirator may be given in
evidence against his co‐conspirator?
evidence
conspiracy
*** END ***
“A STEP BACKWARD IN ORDER TO LEAP FROG TRIPPLE”.

Question and Answer in Criminal Law and Jurisprudence Set 1 By: Charlemagne James P. Ramos

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