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REVIEW EVALUATION IN CRIMINAL EVIDENCE

1. Which is the hearsay evidence rule?


a) Witness can testify only those facts derived directly confided to him c) Witness in an expert testimony
b) Witness cannot testify what he overheard d) Witness can testify only to the facts derived from his perception
2. One of the two requisites of admissibility of evidences is when it is relevant to the issue and what is the other
requisite?
a) It observes continuity of rules c) It multiplies admissibility chances
b) It is not excluded by law of rules d) It has a heavy weight of evidence
3. What is mean by “demurred to evidence”?
a) Motion to inhibit b) Motion to dismiss c) Motion to deny d) Motion to postpone
4. What must an evidence be in order to become relevant to the issue?
a) Not be excluded by the rules c) Should not be contrary to morals
b) Not be offensive to our senses d) Have a direct bearing and actual connection to the facts
5. In civil case the party having the burden of proof must establish the case by;
a) Proof beyond reasonable doubt c) Circumstantial evidence
b) Preponderance of evidence d) Material evidence
6. Object as evidence are those…
a) Address to the accused c) Presented by the public prosecutor
b) Basis for conviction d) Address to the sense of the court
7. Documentary evidence are those….
a) Address to the sense of the court
b) Basis for conviction
c) Presented by the public prosecutor
d) Consist of writings or material containing letters, words, numbers, figures, symbols or other modes of written
expressions
8. Best evidence Rule require that…
a) A mere photocopy is admissible c) Testimonial evidence is admissible
b) Testimony of the counsel d) The original must be presented
9. Best evidence rule admits no exceptions.
a) True b) False c) It depends d) Upon order of the Court
10. Judicial admission is one that…
a) Does not require proof c) Factum probandum of the case
b) Require proof d) Factum probans of the preposition
11. The proposition sought to be establish…
a) Factum probandum b) Testimonial evidence c) Evidence of the accused d) Factum probandum
12. The fact to be establish by the proposition…
a) Factum probandum b) Testimonial evidence c) Evidence of the accused d) Factum probandum
13. The means of ascertaining truth…
a) Direct examination b) Factum probans c) Evidence d) Factum probandum
14. The rule of evidence is from…
a) Rule 127-133 b) Rule 127-134 c) Rule 128-133 d) Rule 128-134
15. The term agreement include…
a) Testimony b) Evidence c) Direct examination d) Wills
16. Written words control printed…
a) True b) Partially true c) No basis d) It depends
17. Survivorship is also called…
a) Parol evidence b) Best evidence rule c) Dead man’s statute d) Corpus delicti
18. Dying declaration is admissible when…
a) The declaration of a dying person is about the killing of another person.
b) The declaration of a dying person is about the killing of a policeman.
c) The declaration of a dying person is about the killing of a public official.
d) The declaration of a dying person under the consciousness of his impending death.
19. Part of the res gestae is admissible when…
a) The declaration of a dying person is about the killing of another person.
b) The declaration of a dying person is about the killing of a policeman.
c) The declaration of a dying person is about the killing of a public official.
d) None of the above
20. Offer of evidence in testimonial evidence is made…
a) Before the witness is called to testify c) After the testimony of the witness
b) At the time the witness is called to testify d) After resting its case.

21. Object evidence is also known as…


a) Cumulative evidence b) Circumstantial evidence c) Autoptic preference d) Negative evidence
22. An inference as to the existence of a fact not actually known…
a) Oral testimony b) Documentary evidence c) Presumption d) Facts in issue
23. A fact or proposition deducted by process of reasoning…
a) Presumption b) Inference c) Corpus delicti d) Tender of excluded evidence
24. That a person in public office was regularly appointed is a…
a) Disputable presumption b) Conclusive presumption c) Assumption d) Conclusion
25. Present memory revived means…
a) Refreshing recollection b) Refreshing memory c) Insufficient memory d) Reading memorandum
26. Past recollection recorded means…
a) Refreshing recollection b) Refreshing memory c) Insufficient memory d) Reading memorandum
27. The rule provides that no evidence shall be considered unless…
a) Formally offered b) Identified by the witness c) Presented by the proponent d) Identified by the fiscal
28. Direct evidence is one that…
a) Proves the existence or non existence of a fact in issue c) Prove nothing
b) Inferences drawn from the facts known d) When it is relevant to the issue
29. Indirect evidence is one that…
a) Proves the existence or non existence of a fact in issue c) Prove nothing
b) Inferences drawn from the facts known d) When it is relevant to the issue
30. Relevant evidence is one that…
a) Having any value in reason as tending to prove any matter in an action. c) Prove nothing
b) Inferences drawn from the facts known d) When it is relevant to the issue
31. Material evidence is one that…
a) Directed to prove a fact in issue as determined by laws c) Inferences drawn from the fact known
b) Having any value in reason as tending to prove any matter in action d) Proves nothing
32. Competent evidence is one that…
a) Directed to prove a fact in issue as determined by laws
b) Having any value in reason as tending to prove any matter in action
c) Inferences drawn from the facts known
d) When it is not excluded by law in a particular
33. Rebutting evidence is one that…
a) Directed to prove a fact in issue as determined by laws
b) Having any value in reason as tending to prove any matter in action
c) Inferences drawn from the facts known
d) Given to repel, counteract or disprove facts given in evidence
34. Expert evidence is one that…
a) Directed to prove a fact in issue as determined by laws
b) Having any value in reason as tending to prove any matter in action
c) Given to repel, counteract or disprove facts given in evidence
d) Testimony of one possessing in regard to a particular subject not known by other person/witness
35. Prima facie evidence is one that…
a) Directed to prove a fact in issue as determined by laws
b) Having any value in reason as tending to prove any matter in action
c) Testimony of one possessing in regard to a particular subject not known by other person/witness
d) That evidence standing alone unexplained or uncotroverted is sufficient to maintain the proposition affirmed.
36. Is evidence obtained through uncounselled confession admissible?
a) Yes b) No c) Partially d) When admitted by the court
37. Curative admissibility is one that…
a) Though improper is admitted to contradict improper evidence introduced by the party
b) Having any value in reason as tending to prove any matter in action
c) Inferences drawn from the facts known
d) That evidence standing unexplained or uncontroverted is sufficient to maintain the proposition affirmed.
38. Judicial notice means…
a) Cognizance, which the courts may take
b) Having any value in reason as tending to prove any matter in action
c) Inferences drawn from the facts known
d) That evidence standing unexplained or uncontroverted is sufficient to maintain the proposition affirmed.
39. Which of the below is not an exception to the hearsay rule.
a) Res gestae b) Dying declaration c) Common reputation d) Parol evidence
40. What kind of presumption involves the mental process by which the existence of one fact is inferred from proof of
some other facts?
a) Conclusive b) Disputable c) Of law d) Of fact
41. When is evidence presented in the court for admissibility considered relevant to the issue?
a) When it is not excluded by the rules c) When it is not repugnant in taste

b) When it has a direct bearing and actual connection to the acts and issue d) When it is not immoral
42. What is that statement made by a wounded person shortly after he received several bolo stabs narrating therein in
the whole incident to another which is admissible in evidence as part of…
a) Res nullus b) Res judicata c) Res gestae d) None of these
43. What rule is observed when generally, there can be no evidence of writing the contents of which is the subject
matter of inquiry other than the original itself?
a) Secondary evidence b) Corollary evidence c) Parole evidence d) Best evidence
44. In that instance an alibi (the weak defense) acquire commensurate strength in the evidential value?
a) When it change the burden of proof c) When no positive and proper identification has been satisfactory made
b) When evidence for the prosecution d) When question on whether or not accused committed the offense is clear
45. Demurrer to evidence is filed:
a) After arraignment c) After the defense had rested it case
b) After trial d) after the prosecution had rested its case
46. When the question asked to a witness has no bearing on the case, it is said to be:
a) Incompetent b) Immaterial c) Hearsay d) Leading
47. Evidence, which is sufficient to sustain a conviction unless rebutted, by other evidence is called:
a) Conclusive b) Prima facie c) Material d) Corroborative
48. The duty of the party to present evidence to establish his claim is known as:
a) Burden of evidence b) Burden of proof c) Bill of particulars d) Presentation of evidence
49. In PD 1612, the possession of the stolen good is,
a) Prima facie evidence of fencing c) Means that the accused is not the owner thereof
b) Evidence against the accused d) Means that the accused is accessory to the crime
50. One of the two requisites of admissibility of evidence is when it is relevant to the issue and what is the other
requisite?
a) It observes continuity of rules c) It is not excluded by law or rules
b) It is multiplies admissibility chances d) It has a heavy weight of evidence
51. Which of the following is an example of primary evidence?
a) Photographic reproduction b) Xerox copy c) Letter process copy d) Carbon and blueprint copy
52. Ret Ratista was able to get the video coverage of the ongoing crime of rape in his neighborhood. During trial, he
presented the videotape and showed to the judge by playing it inside the court. What classification of evidence is
that?
a) Documentary evidence b) Testimonial evidence c) Real d) Prima facie
53. The best evidence in a crime of bigamy is…
a) Marriage contract b) Child by second wife c) The second wife d) Original copy of the marriage contract
54. It is a bar, which precludes a person from denying or asserting anything to the contrary of established truth.
a) Res gestae b) Estoppel c) Burden of proof d) Burden of evidence
55. A written act or record of acts of sovereign authority or private writing acknowledge before a notary public.
a) Public document b) Official document c) Private document d) Official record
56. The probative value or credit given by the court to particular evidence.
a) Preponderance of evidence b) Evidentiary fact c) Ultimate fact d) Weight of evidence
57. A degree of proof below that of proof beyond reasonable doubt, which taken in its entirely is superior to that of
another.
a) Best evidence b) Secondary evidence c) Preponderance of evidence d) Weight of evidence
58. The body or substance of a crime.
a) Corpus delicti b) Real evidence c) Autoptic evidence d) Physical evidence
59. Which among the foregoing is not of the judicial rule for sufficiency of circumstantial evidence to convict?
a) There is more than one circumstance.
b) The facts from which the inferences are derived must be proved.
c) The combination of all the circumstance is such as to produce a conviction beyond reasonable doubt.
d) It must be of judicial recognizance.
60. What would overturn an alibi and denial in a hearing?
a) Testimony b) Evidence c) Proof d) Positive identification
61. Where can we find the governing rules on evidence?
a) Revised Penal Code b) Constitution c) Rules on Criminal Procedure d) Rules of Court
62. Factum Probans means;
a) Evidentiary fact b) Ultimate fact c) Weigh of evidence d) Preponderance of evidence
63. Evidence, which has some relation to what is sought to be proven.
a) Relevant b) Material c) Competent d) Admissible
64. SPO1 Joe saw a person seriously wounded lying on the ground within the vicinity of his beat. Since the person is
still alive, he got his pencil and a sheet of paper and asked some questions which the victim obliged to answer
although shows difficulty in answering, which included as to the name of the person who caused the injury to him.
Consequently, the victim died. What can classify his answer to the question asked by SPO1 Joe written a sheet of
paper?
a) Last will and testament b) Dying declaration c) Last farewell d) Part of res gestae
65. The ultimate facts sought to be established
a) Factum Probandum b) Igusom Factum c) Factum Probans d) Factum Ultimatum

66. The “burden of Proof” is shifted from the prosecution to the defense in criminal proceeding;
a) Protracted trial b) Inverted trial c. Pre trial d) Marathon trial
67. Gina Masa was kidnapped and raped by fifteen (15) sex-starved men. Gina was shocked and was dying when PO2
Dako arrived who got her declaration. Gina was brought to the hospital and was able to survive. However, she could
not talk because of her nightmarish experience. Can her testimony be used as evidence?
a) Ye, as dying declaration c) No, because she is alive
b) Yes, as part of res gestae d) No, Gina must personally testify.
68. Given by a person of specialized knowledge in some particular field.
a) Primary b) Best c) Secondary d) Expert
69. That kind of evidence, which cannot be rebutted or overcome.
a) Primary b) Best c) Real d) Conclusive
70. Quantum of Evidence required in criminal cases;
a) Proof Beyond reasonable doubt c) Substantial evidence
b) Preponderance of evidence d) Sufficiency of evidence
71. Nature of “questions” not allowed during direct examination of witness;
a) Relevant question b) Pertinent questions c) Leading questions d) Clarificatory questions
72. Disqualification of a witness;
a) Mental incapacity b) Mental Immaturity c) By reason of marriage d) All of these
73. Evidence considered as true unless rebutted or disputed by equally or stronger evidence;
a) Prima facie evidence b) Disputable evidence c) Both “a” & “b” d) Judicial notices
74. Documents shall be interpreted according to;
a) Legal meaning b) Intention of the parties c) Written controls printed d) All of these
75. The rule that requires the presentation of the original copy of the document.
a) Best evidence rule b) Original copy rule c) Parol evidence rule d) Documentary evidence rule
76. Private documents will be transformed into public documents when duly notarized by a notary public, except;
a) Well and testament b) Will and testament c) Compromise Agreement d) None of these
77. Refers to the acknowledgment of the acts constituting the offense but not the guilt;
a) Confession b) Premeditation c) Admission d) Resolution
78. The rule that mandates that a witness must testify only facts of his own personal knowledge;
a) Hearsay evidence rule b) Opinion rule c) Character evidence rule d) Personal knowledge rule
79. The opinion of a witness is not admissible in evidence, except the opinion of;
a) Intelligent witness b) Exceptional witness c) Eyewitness d) Expert witness
80. The opinion of an ordinary witness is not admissible in evidence, except when he is sufficiently familiar with
another person regarding his;
a) Sanity b) Handwriting c) Identity d) All of these
81. A dying declaration is admitted in evidence if it meets all the requisites as provided for under the;
a) Rules of Court b) Summary Rules c) Revised Penal Code d) None of these
82. Refers to expression uttered by a person during startling incident;
a) Pedigree b) Affinity c) Res Gestae d) Reactopry
83. Exhibits, ordinarily speaking, simply mean;
a) Drama or play b) Show or display c) Object of attractivity d) Object of convincibility
84. If evidence is a means, then ____ is considered as the “end”.
a) Proof b) Exhibit c) Both “a” & “b” d) None of these
85. Exhibits are transformed into an evidence when actually presented during;
a) Judicial proceedings b) Special proceedings c) Extra-judicial proceedings d) Custodial investigation
86. The means used to establish Factum Probandum;
a) Factum establisum b) Factum probans c) Egusom factum d) Factum possesurom
87. Object or real evidence enjoys the privileged to be called evidence in the highest order based on the Latin maxim,
which means “the thing speak for itself”;
a) Res epso lotiquor b) Res gestae loquitor c) Res ipsa loquitor d) Res ispa loquitor
88. Facts not of personal knowledge of the witness but only based on second-hand information are not admissible in
evidence and are considered as;
a) Careless whisper b) Haersay c) Unrealiable gossip d) Baseless information e) Hearsay
89. Questions not allowed in cross examination and re-cross examinations;
a) Leading questions b) Clarificatory questions c) Misleading questions d) Personal questions
90. Which is considered as the weakest evidence;
a) Haersay b) Complete denial c) Self-defense d) Alibi e) None of these
91. Evidence of the same kind and to same state of facts;
a) Cumulative evidence b) Direct evidence c) Corroborative evidence d) Positive evidence
92. Additional evidence of different character tending towards the fact n issue;
a) Cumulative evidence b) Direct evidence c) Corroborative evidence d) Positive evidence
93. Evidence admitted by the court other than what is required under the parol evidence rule;
a) Evidence possedendi b) Evidence exempti c) Evidence dependi d) Evidence Aliunde
94. Ways or means resorted to by police authorities of obtaining evidence in violation of the law;
a) Fishing evidence b) Frisking evidence c) Procuring evidence d) None of these

95. Admitting the acts constituting the offense including “guilt” of the offense as charged;
a) Admission b) Confession c) Reformation d) Resolution
96. Class of evidence which the law does not allow to be contradicted;
a) Secondary evidence b) Best evidence c) Primary evidence d) Conclusive evidence
97. Testimony of public officials are considered privileged when it endangers the;
a) Witness security b) Court security c) Personal security d) National security
98. Privileged communication includes;
a) Lawyer/clients relationship c) Priest/penitent relationship
b) Husband/wife relationship d) All of these
99. Generally lies on the prosecution in criminal cases;
a) Burden of evidence b) Burden of proof c) Burden of guilt d) Burden of reference
100. Rights of a witness include not answering;
a) Irrelevant questions b) Impertinent questions c) Insulting questions d) All of these
101. Direct and re-direct examinations are conducted by the;
a) Proponent b) Exponent c) Opponent d) None of these
102. Cross and re-cross examination are conducted by the;
a) Proponent b) Opponent c) Exponent d) Both “a” & “b” e) All of these
104. Exhibits or evidence for the prosecution are marked “___”;
a) Horizontally b) Parenthetically c) Numerically d) Alphabetically e) All of these
105. While those for the defense are marked;
a) Horizontally b) Parenthetically c) Numerically d) Alphabetically e) All of these
106. Exhibits obtained in conformity with the law and constitutional rights of the accused are admissible in evidence
provided the same are;
a) Relevant b) Competent c) Both “a” & “b” d) Incompetent e) None of these
107. The due execution and authenticity of a document need not be proven in court, if it is more than ____ old
provided it remains unaltered and unblemished.
a) 40 years old b) 50 years old c) 30 years old d) 10 years old e) Any of these
108. “Weight and sufficiency of evidence” is also referred to as;
a) Strong evidence b) Quantum of evidence c) Rebuttable evidence d) None of these
109. Proof beyond reasonable doubt means that there is;
a) Moral ascendancy b) Proof w/o minor defects c) Absence of doubt d) Moral Certainty
110. Exhibits which are not excluded by the rules on evidence;
a) Competent b) Material c) Relevant d) Credible
111. Exhibits which have close relationship with the issue of the case;
a) Competent b) Material c) Relevant d) Credible
112. Two fold purpose of cross examinations is to impeach the credibility of;
a) The witness himself b) The proceedings c) The witness testimony d) Both “a and “c”
113. There can be no re-cross examination unless there is a;
a) Cross-examination b) Re-direct examination c) Direct examination d) Oral examination
114. Exhibits presented in evidence may prove the allegations of facts as;
a) True b) False c) Either True or False d) None of these e) All of these

God Bless….
“To Top is my Desire..”

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