EVIDENCE

Final Examination

Name: _________________________________________________ Score: ________________

Course and Year _________________________________________ Date: _________________

MULTIPLE CHOICE QUESTIONS.

Please read the questions carefully and analyze it. Write the corresponding letter of your answer to the blank provided.

1. The following are the exception to the hearsay rule, except:

a. Parol evidence
b. Dead man’s Statute
c. Extrajudicial admission
d. Commercial lists and the like

2. Juris tantum : disputable presumption; Jure et de jure: _________________.

a. Burden of proof
b. Conclusive presumption
c. Rebuttable presumption
d. Judicial notice

3. San Goku, under the consciousness of an impending death, told Gohan “Si Vegeta, siya ang sumaksak sa akin, gusto
niya akong patayin” is a ___________________.
a. Parol evidence
b. Ante mortem statement
c. Suicide note
d. Dead man’s statute

4. Factum probans means ________.

a. Preponderance of evidence
b. Ultimate fact
c. Evidentiary fact
d. Sufficiency of evidence

5. 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

6. 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

7. A form of evidence supplied by written instruments or derived from conventional symbols, such as letter, by which ideas
are represented on material substances.
a. Documentary evidence
b. Testimonial evidence
c. Material evidence
d. Real evidence

8. Witness Naruto states that he did not see or know the occurrence of a fact.
a. Positive evidence
b. Corroborative evidence
c. Secondary evidence
d. Negative evidence

9. A kind of evidence which cannot be rebutted or overcome.

a. Primary
b. Best
c. Secondary
d. Conclusive

10. These questions suggest to the witness the answers to which an examining party requires.
a. leading
b. misleading
c. stupid
d. hearsay

James and Red who are brother-in-laws, are also mortal enemies. One time, James threatened to kill Red. James has a
common reputation of being a killer. One night in a lighted place, James suddenly stabbed Red from behind. Before
James could escape, Red was able to identify him. As Red lay wounded, SP01 Lustre responded and to whom Red
pointed to James as the one who attacked him. SP01 Lustre arrested James on the basis of such declaration.
11. Based on the situation, which of the following best describes the statement of Red?
A. Circumstantial
B. Corroborative
C. Hearsay
D. Direct

12. Assuming that Red was dying at the time that he informed SP01 Lustre of the identity of his notorious assailant and
believing that he was dying at the time, but he did not actually die, what basis could be used to establish the identify of
James?
a. Common reputation
b. res gestae
c. dying declaration
d. declaration against interest

13. In the foregoing case, Red’s statement identifying James as his assailant may not be considered a dying declaration
because:
a. Red’s death is indispensable
b. The declaration was not written
c. No mention was made that Red’s wound was fatal
d. Red has a grudge against James

During custodial investigation at the Central Police District in Quezon City, Daniel Matsokuno 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.

14. Daniel Matsokuno’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

15. Assuming that all conditions in the waiver were properly observed except the right to counsel which was waived
because Daniel Matsokuno could not afford the service of one, Daniel Matsokuno’s statement will be
A. Admissible because Daniel Matsokuno was informed of his right to counsel but he could not afford to hire
one
B. Inadmissible because Daniel Matsokuno must be provided with counsel free of charge
C. admissible because Daniel Matsokuno did not insist on his right to counsel and he voluntarily waived it
D. admissible in evidence against him because all the conditions were present in the waiver

16. The following are qualified witnesses, except:

a. Dora, a 10 year old child.
b. Eugene, a drug-addict.
c. John, Ellen’s husband who filed a complaint against him for concubinage.
d. None of the above

17. When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original of
the document.
a. Best evidence rule
b. Inquiry of documents rule
c. Original documents rule
d. Electronic evidence rule

18. Evidence having any value in reason as tending to prove any matter provable in an action
a. Relevant evidence
b. Material evidence
c. Competent evidence
d. Circumstantial evidence

19. The evidence that is not excluded by law.

a. Relevant evidence
b. Material evidence
c. Competent evidence
d. Circumstantial evidence

20. Evidence that is directed to prove a fact in issue as determined by the rules of substantive law and pleadings.
a. Relevant evidence
b. Material evidence
c. Competent evidence
d. Circumstantial evidence

21. The means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact.
a. Proof
b. Chain of custody
 c. Evidence
d. Criminal action

22. Civil action: preponderance of evidence; criminal action: ________________

a. Substantial evidence
b. Proof beyond reasonable doubt
c. Clear and convincing evidence
d. Corroborative evidence

23. The following is the order of examination of individual witnesses

a. Direct examination by the proponent, cross examination by the opponent, re-direct examination by the
proponent, re-cross examination by the opponent.
b. Direct examination by the proponent, re-direct examination by the opponent, cross examination by the
proponent, re-cross examination by the opponent.
c. Cross examination by the proponent, re-cross examination by the opponent, direct examination by the
proponent, re-cross examination by the opponent
d. Direct examination by the opponent, cross examination by the proponent, re-direct examination by the
opponent, re-cross examination by the proponent

24. The following are the instances when secondary evidence may be admitted, except
a. When the original document has been lost, destroyed, or cannot be produced in court.
b. When the original is a public record in the custody of a public officer
c. When the original is recorded in a public office
d. When the original is photocopied and presented before the court.

25. Evidence which is given to repel, counter act or disprove facts given in evidence by the other party.
a. Positive evidence
b. Expert evidence
c. Rebutting evidence
d. Conclusive evidence

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