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COLLEGE OF CRIMINAL JUSTICE AND PUBLIC SAFETY

CRIMINAL EVIDENCE
Second Semester 2021—2022
Module Questionnaire 1

Complete Name: ______________________________________________________________Date: _________________

Class Schedule: ________________________ ; Year Level: ___________________; Section: _________________

GENERAL INSTRUCTIONS:
1. This is a Take-Home Exam. You must answer all questions and leave no number
unanswered.
2. Analyze carefully the questions before you make/give your answer.
3. Write your name on the space provided above. Your Family Name should come first, followed
by your Firs Name, then your Middle Initial. Any paper without a name will not be checked.
4. Work independently. You may share materials or ideas with your classmates, but showing and
sharing of answer is not allowed!
5. Erasures are not allowed. Keep your paper clean. T

MATCHING TYPE. Match each term in Column A to its equivalent or meaning in Column B.
Write the letter in Column B beside the Arabic numeral in Column A. Use CAPITAL LETTERS only.
Column A Column B
1. Evidence A. This is the disputed fact or the fact in issue to which th
evidence
2. Substantial evidence is directed.
3. Proof beyond reasonable doubt B. Evidentiary fact forwarded to prove the fact in
issue.
4. Preponderance of evidence C. This is the weight of evidence which inspires belief.
5. Competency Test D. The logical connection between the factum probans
6. Relevancy Test and the factum probandum.
7. Credibility E. Related with Exclusionary Rule, whether a piece of
evidence
8. Factum probans is allowed by law or the Rules of Court.
9. Factum probandum F. Such amount of relevant evidence which a reasonable
10. Fact in dispute might accept as adequate to support a conclusion.
11. Legal truth G. A quality of evidence which produces moral certainty
12. Admission in an unprejudiced mind as to the guilt of an accused.
13. Confession H. The quantity and quality of evidence being superior
14. Judicial notice and more credible and conclusive than the other.
15. Res inter aliosacta I. The fact in issue or the factum probandum.
16. Corpus delicti J. The facts established before the court after all the
17. Best Evidence Rule pieces of evidences are admitted and considered.
18. Parol Evidence Rule K. An act, declaration or omission as to a relevant fact
or facts
19. Secondary evidence in favor of or against a person’s own interest.
20. Original document L. A categorical acknowledgement of one’s guilt.
21. Public document M. The cognizance of certain facts which judges
properly take
22. Negative Evidence and act on without proof because they are already
known.
23. Private document N. A kind of evidence which asserts that a fact exists or
does not exist.
24. Commercial document 0. The admission of one shall not prejudice others
but himself alone.
25. Object evidence P. This kind of evidence consists of denial or non-
admission of facts.
26. Documentary evidence Q. A rule which mandates the court admits only the
original document.
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27. Due process R. This is the body of a crime which consists of the
offense committed
28. Equippoise Rule and the act or participation of the accused in its
commission.
29. Positive evidence S. This rule admits only the instrument or docu
which embodies the
30. Authentication T. This evidence is one the content of which is the
subject of inquiry.
U. As a general rule, Best Evidence Rule excludes this kind
of evidence.
V. Any instrument authorized by a notary public or a
competent public
official, with the solemnity required by law.
W. An instrument used by businessmen to promote or
facilitate trade or credit transactions, such as checks,
letters of credits, etc.
X. These evidence are addressed to the senses of the
court.
Y. Rule of law.
Z. The process of showing that the object is the real subject
matter of lawsuit or the very one
involved to prove an issue in the case.
Z-1. This principle states that when the evidence for the
prosecution and that of the defense are evenly
balanced, the scales of justice should tilt in favor of the
accused.

II. MULTIPLE CHOICE EXAM. Encircle the letter which represents your answer in any
given number.
A multiple answer to any question is invalid and will not be given any credit.
1. This is the means sanctioned by the Rules of Court of ascertaining in a judicial
proceeding the truth respecting a matter of fact.
A. Evidence C. Truth
B. Proof D. Fact
2. Evidence is the _____________________________ of knowing and seeing the truthfulness
of a particular accusation against an individual accused of having committed a crime.
A. Material C. Method
B. Manner D. Motive
3. This is the probative effect of evidence:
A. Proof C. Truth
B. Fact D. Probable cause
4. A fact in issue which is established by means of evidence is called:
A. Factum probans C. Factual matter
B. Factum probandum D. None of them.
5. This is a probative fact or evidentiary fact directed or tending to prove the fact in
dispute:
A. Factum probans C. Factual allegations
B. Factum probandum D. None of them.
6. This is where evidence is required:
A. Legal controversy C. Conflicting allegations
B. Factual controversy D. Serious accusations
7. Evidence is required only when there is a factual issue in a case and is not necessary
in the determination of a purely legal controversy:
A. Wholly true C. Wholly false
B. Partly true D. Partly false.
8. This is where proof exists or rather where proof exerts effects or having an influence
on it.
A. Mind of the court C. Sala of the judge
B. Emotion of the judge D. Record of the court
9. The technical rules of evidence is required in a judicial proceeding but not in
administrative investigation or quasi-judicial tribunals:
A. Wholly true C. Wholly false
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B. Partly true D. Partly false.

10. The rules of evidence under the Rules of Court is inapplicable on the following,
except:
A. Election cases C. Naturalization proceedings
B. Insolvency cases D. Criminal cases
11. The technical rules of evidence under the Rules of Court is applicable on the
following, except:
A. NAPOLCOM cases C. Special proceedings
B. Civil cases D. Criminal cases
12. Before a court can consider, accept or otherwise sanction as material a certain
piece of evidence, it must first determine whether or not such evidence is:
A. Reliable C. Admissible
B. Credible D. Excludible
13. Which of the following are the elements of admissibility?
A. The evidence must be both clear and convincing.
B. The evidence must be both competent and credible.
C. The evidence must be both relevant and reliable.
D. The evidence must be both competent and relevant.
14. This element of admissibility is related with the logical connection of a certain piece
of evidence with the fact in issue or factual controversy.
A. Competency C. Reliability
B. Credibility D. Relevancy
15. This element of admissibility is concern with the legality of a certain piece of
evidence, whether the evidence was obtained in conformity with the requirements of
the law so as to safeguard the rights of the accused against arbitrary exercise of State
powers.
A. Competency C. Reliability
B. Credibility D. Relevancy
16. When a gun and bullet shells is presented in court to prove the cause of death of a
certain person who died of Covid-19, such gun and bullet are:
A. Competent evidence C. Relevant evidence
B. Incompetent evidence D. Irrelevant evidence
17. When such gun and bullet shells is presented in court to prove the guilt of the
accused in having killed the victim by firing at him on the head, such pieces of
evidence are:
A. Competent evidence C. Relevant evidence
B. Incompetent evidence D. Irrelevant evidence
18. When such gun and bullet shells were searched and seized from the house of the
accused without search warrant and are presented in court to prove the guilt of the
accused in having killed his neighbor by firing at him from his house, such pieces of
evidence are:
A. Competent evidence C. Relevant evidence
B. Incompetent evidence D. Irrelevant evidence
19. Based on the above facts, however, when the accused voluntarily, freely, and
intelligently allowed the police officers to conduct search and seizure operation in his
house resulting in the recovery of the said gun and bullet shells, such seized pieces of
evidence are:
A. Competent evidence C. Relevant evidence
B. Incompetent evidence D. Irrelevant evidence
20. When a witness has taken the witness stand and took an oath affirmatively and is
known in the community as an honest person and that he had seen the accused fired
his gun at his neighbor resulting in the death of the latter, such testimonial evidence
is:
A. Credible C. Inadmissible
B. Incredible D. Rebuttable
21. When a witness took an oath unwillingly and is known in the community as a
dishonest person, liar and cheater and that he could not categorically state with
certainty whether he had seen the accused fired his gun at his neighbor resulting in
the death of the latter, such witness is:
C. Credible C. Inadmissible
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D. Incredible D. Rebuttable
22. Determine which of the following is a valid statement(s):
I. An admissible evidence is necessarily a credible.
II. A credible evidence is necessarily admissible.
III. An admissible evidence is not necessarily credible.
IV. A credible evidence is not necessarily admissible.
A. All the above statements are correct C. Only numbers 1 and 2 are
correct
B. All the above statements are not correct; D. Only numbers 3 and 4 are
correct.
23. Arrange the following based on the order of certainty and degree of proof, from the
strongest to the weaker ones.
A. Absolute certainty, moral certainty, preponderance, clear and convincing,
substantial evidence
B. Moral certainty, absolute certainty, preponderance, clear and convincing,
substantial evidence
C. Clear and convincing, substantial evidence, preponderance, moral certainty,
absolute certainty
D. Absolute certainty, moral certainty, clear and convincing, preponderance,
substantial evidence
24. This is the highest degree of proof or evidence:
A. Clear and convincing evidence C. Preponderance of
evidence
B. Proof beyond reasonable doubt D. Absolute certainty
25. The quantum of proof required by law for the conviction of an accused in a criminal
proceeding is:
A. Clear and convincing evidence C. Preponderance of
evidence
B. Moral certainty D. Substantial evidence.
26. Which degree of evidence or proof is the equivalence of moral certainty?
A. Clear and convincing evidence C. Substantial evidence
B. Proof beyond reasonable doubt D. Preponderance of evidence
27. The quantum of proof required by law as a basis of decision in a civil case is:
A. Clear and convincing evidence C. Preponderance of
evidence
B. Proof beyond reasonable doubt D. Substantial evidence
28. The quantum of proof required by law for the determination of guilt of an accused in
an administrative proceeding is:
A. Clear and convincing evidence C. Preponderance of
evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
29. This is the degree of proof required by law for the acquittal of an accused who
interposes self-defense in a criminal case:
A. Clear and convincing evidence C. Preponderance of
evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
30. This is the degree of reasonable belief required by law for the filing of information in
court by the public prosecutor:
A. Probable cause C. Preponderance of
evidence
B. Substantial evidence D. None of them.
31. This is the degree of proof required by law as basis for the grant of bail as a matter of
discretion:
A. Proof beyond reasonable doubt C. Substantial evidence
B. Clear and convincing evidence D. Preponderance of evidence.
32. This is the quantum of proof required by law for the defense of alibi to prosper:
A. Preponderance of evidence C. Substantial evidence
B. Clear and convincing evidence D. Preponderance of
evidence
33. The defense of framed up should be established by this quantum of proof:
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A. Proof beyond reasonable doubt C. Clear and convincing evidence

B. Preponderance of evidence D. Substantial evidence.
34. When a piece of evidence is barred by law or the Rules of Court as inadmissible, it is
rendered as:
A. Incompetent C. Incredible
B. Irrelevant D. None of the foregoing.
35. When an evidence is disallowed by the Rules of Court for having no rational probative
value, the evidence is rendered as inadmissible for being:
A. Incompetent C. Irrelevant
B. Illogical D. Inadmissible
36. When a witness is disbelieved by the court for being unworthy of belief, what is
affected is:
A. The element of relevancy C. The element of Competency
B. The logical relations of facts and issue D. Issue of credibility
37. When a piece of evidence is a fruit of a poisonous tree or one obtained in violation
of constitutional or statutory rights of a person, such evidence is rendered:
A. A. Irrelevant C. Incompetent
B. B. Illogical D. Illegal
38. In a passenger’s complaint for damages arising out of a car accident, the factum
probandum is:
A. The driver’s alleged negligence as the proximate cause of the injury.
B. The witness’ testimony that the driver was happily texting his wife while
driving.
C. The passenger’s complaint that she suffered miscarriage as a result of the
accident.
D. Whether the complainant suffered compensable injury.
39. In the immediately preceding number, the factum probans is:
A. The allegation of the driver’s negligence as the proximate cause of the injury.
B. The witness’ testimony that the driver was happily texting his wife while
driving.
C. The passenger’s complaint that she suffered miscarriage as a result of the
accident.
D. Whether or not the complainant is a passenger.
40. In a prosecution for rape against the boyfriend, the factum probandum is:
A. Whether the sexual intercourse took place without the consent of the girlfriend.
B. The pant and underwear of the girlfriend which were torn apart as a result of
force.
C. The subsequent forgiveness by the girlfriend when she took pity on the
boyfriend.
D. The offer of marriage by the boyfriend to the girlfriend.
41. In the immediately preceding number, the factum probans in the rape case is:
A. Whether the sexual intercourse took place without the consent of the girlfriend.
B. The pant and underwear of the girlfriend which were torn apart as a result of
force.
C. The subsequent forgiveness by the girlfriend when she took pity on the
boyfriend.
D. The offer of marriage by the boyfriend to the girlfriend.
42. In the preceding two numbers, when the boyfriend acknowledges his guilt, there is
no more:
A. Factum probandum C. Pactum probandum
B. Factum probans D. Pactum commisorium
43. When the defendant in a homicide case interposes alibi as his defense, that kind of
evidence is:
A. Negative evidence C. Indirect evidence
B. Positive evidence D. Derivative evidence
44. The quantum of proof required for the acquittal of the accused who interposes alibi
as his defense is:
A. Substantial evidence C. Clear and convincing evidence
B. Preponderance of evidence D. Proof beyond reasonable
doubt
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45. In a prosecution for violation of RA 9165, otherwise known as the Comprehensive

Dangerous Drugs Act of 2002, the accused interposes framed up as his defense. The
quantum of proof that the accused shall adduce for his acquittal is:
A. Substantial evidence C. Clear and convincing
evidence
B. Preponderance of evidence D. Proof beyond reasonable
doubt.
46. This kind of evidence proves the existence of a fact in issue without presumption or
inference from other facts:
A. Circumstantial evidence C. Corroborative evidence
B. Direct evidence D. Competent evidence
47. In this kind of evidence, a fact is established by making inference from previously
established facts:
A. Circumstantial evidence C. Corroborative evidence
B. Direct evidence D. Cumulative evidence
48. When a testimonial evidence is added to a documentary or object evidence, the
effect is:
A. Cumulative evidence C. Corroborative evidence
B. Circumstantial evidence D. Clear and convincing
evidence
49. When a testimonial evidence is added to another testimonial evidence or evidence
of the same kind, this kind of evidence is known as:
A. Cumulative evidence C. Corroborative evidence
B. Circumstantial evidence D. Clear and convincing
evidence
50. The testimony of ten (10) witnesses supporting the innocence of the accused is:
A. Circumstantial evidence C. Corroborative evidence
B. Cumulative evidence D. Conclusive evidence
51. The testimony of five (5) witnesses coupled with public documents and photographs
is:
A. Cumulative evidence C. Corroborative evidence
B. Circumstantial evidence D. Conclusive evidence
52. The principle of falsus in unos, falsus in omnibus may be applied to:
A. Disregard the entire testimony of a witness who had narrated a concocted a
false story.
B. Disqualify a witness who deliberately fabricated falsehood to deceive the
court.
C. Rehabilitate a lying witness and corroborate his testimony on a material point.
D. Declare in contempt a lying witness and imprison him until he tells the truth.
53. The principle of falsus in unos, falsus in omnibus may not be applied to:
A. Disregard the entire testimony of a witness who concocted a false story.
B. Disqualify a witness who is intent on telling lies and has the tendency to
deceive the court.
C. Corroborate the testimony of a witness who had amnesia and cannot respond
to the court.
D. one of the above.
54. The principle of falsus in uno, falsus in omnibus is connected or related with the
principle of:
A. Competency C. Credibility
B. Relevancy D. Sincerity
55. The requisites of circumstantial evidence are the following, except:
A. There are more than one circumstances and the facts from which the
inferences are derived are proven.
B. The combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt.
C. All the circumstances must be corroborated by testimonial and documentary
evidence.
D. None of the foregoing.
56. A conviction based on circumstantial evidence must exclude each and every
hypothesis consistent with:
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A. Innocence C. Doubt
B. Guilt D. Facts
57. Direct evidence is not indispensable to prove a crime charged. The guilt of the
accused maybe proved or established beyond reasonable doubt by means of:
A. Pactum probans C. Inference
B. Probable cause D. Circumstantial evidence
58. A piece of evidence obtained by means of wiretapping is inadmissible in the
following proceedings, except:
A. Criminal case C. Administrative case
B. Civil case D. None of the foregoing.
59. Under the Rules on Electronic Evidence, an electronic document is the functional
equivalent of a paper-based document and shall be admissible in evidence if
authenticated in the manner prescribed under said rule:
A. Wholly true C. Partly true
B. Wholly false D. Partly false
60. The Rules of Electronic Evidence shall apply to judicial, quasi-judicial, and
administrative cases, while the Rules of Evidence apply only in a judicial
proceeding:
A. Wholly true C. Partly true
B. Wholly false D. Partly false
61. The Rules of Evidence are not binding in election cases, land registration, cadastral,
naturalization, and insolvency proceedings but the Rules of Electronic Evidence shall
apply to all of them:
A. Wholly true C. Partly true
B. Wholly false D. Partly true.
62. The following are elements of judicial notice, except:
A. The matter must be one of common or general knowledge.
B. It must be well known and authoritatively settled and not doubtful.
C. It must be known to be within the limits of the jurisdiction of the court.
D. The fact in question must be found within the Philippine area of responsibility.
63. Which one is dispensed with in case of judicial notice?
A. Fact C. Proof
B. Truth D. Evidence.
64. The court should take judicial notice of the following, except:
A. Amnesty granted to a certain group of rebels C. The law of nations
B. Manila is the capital of the Philippines D. The laws of China
65. The court should take judicial notice of the following, except:
A. Pardon granted by the President to a convict C. Bill passed by
Congress
B. Decisions of the Supreme Court D. Executive Orders of
the President
66. The following are not subjects of mandatory judicial notice, except:
A. Andres Bonifacio is a National Hero C. Former President Pinoy may
still marry
B. Gen. Angelo Reyes committed suicide D. Former President GMA
evaded justice.
67. The following are subjects of discretionary judicial notice, except:
A. The Philippines is a corrupt country C. The Philippines is a multi-
cultural country
B. The cause of poverty is graft and corruption D. Poverty is the cause of
corruption.
68. The following are not subject of discretionary judicial notice, except:
A. The Philippines is located in Southeast Asia C. The Philippines is a
democratic state
B. Rodrigo Duterte is the President of RP D. Igorots are the most
kindhearted Filipinos
69. This may be contradicted only by showing that it was made through palpable
mistake or that no such admission was made:
A. Judicial notice C. Judicial admission
B. Judicial confession D. Judicial fiat
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70. The declaration of an accused acknowledging his guilt of the offense charged, or any
of the offenses necessarily included therein, which may be given in evidence
against him:
A. Judicial notice C. Judicial admission
B. Confession D. Judicial fiat.
71. An extrajudicial confession, to be a valid basis for conviction, must be coupled with:
A. Evidence of guilt C. Evidence of innocence
B. Evidence of remorse D. Evidence of corpus delicti
72. This principle states that the rights of a party cannot be prejudiced by an act,
declaration or omission or another is called:
A. Res gestae C. Res judicata
B. Res ipsa loquitor D. Res inter alios acta.
73. Two weeks after the bank robbery, Barrabas was arrested as one of the suspects.
During a TV interview, Barabas had confessed his participation in the robbery and
implicated three (3) others, namely: Cayapas, Dorcas, and Engas as his companions in
planning and executing the robbery. Decide on the admissibility of Barabas’
extrajudicial confession:
A. Admissible as to him but not as against Cayapas, Dorcas, and Engas.
B. Admissible as to him and Dorcas, Cayapas, and Engas.
C. Neither admissible against him nor to the other three (3) companions.
D. Not admissible against him, but admissible against the other three (3).
74. The reason for the answer above is this principle:
A. Res ipsa loquitur C. Res inter alios acta
B. Res judicata D. Res gestae
75. Based on the facts above: at the court proceeding, the public prosecutor presented
Barrabas to testify against his co-conspirators. May his testimony be admitted against
Cayapas, Dorcas, and Engas?
A. No, because Barabas’ testimony will violate the Res Inter Alios Acta Rule.
B. No, because that will violate their agreement to secretly commit robbery and
conceal their identity.
C. Yes, because the other three conspirators must be convicted and thereby serve
the ends of justice.
D. Yes. Barabas is competent to testify against his co-conspirators.
76.In the preceding two numbers, Barrabas’ testimony as against his co-conspirators
that they are all Medical students is:
A. Relevant C. Credible
B. Competent D. All of the foregoing.
77. The reason for the answer in the question above (No. 76) is:
A. Barabas’ testimony against his classmates is not prohibited by law or the rules.
B. Barabas’ statement is relevant to the issue of guilt or innocence.
C. Barabas’s statement that they are all medical students is immaterial to the
case.
D. None of the above choices is sensible answer.
77. The Rule upon which the court may deny the admission of secondary documentary
evidence is:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of Law.
78. The Rule upon which the court may deny the admission of evidence aliunde or
extraneous evidence is:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of Law.
79. Under this principle, when the evidence for the prosecution is strong and sufficient
in itself to produce a moral certainty as to the guilt of the accused, the latter may be
deprived of his life, liberty or property:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of Law.
80. Under the equipoise principle, when the evidence for the prosecution and that of the
defense are evenly balanced, it means the constitutional presumption of innocence in
favor of the accused is not overthrown by the degree of proof required by law, hence,
the accused is entitled to:
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A. Punishment by crucifixion or by lethal injection, whichever is lesser in pain and

more dignified.
B. Appointment as CEO to Government corporations or Department secretary,
whichever is higher in salary.
C. Prison sentence, the duration of which depends on the presence of aggravating
circumstances.
D. Acquittal from the crime charged.
81. In their contract involving the sale of a certain parcel of land, Buyer alleges that he
bought from Seller two (2) hectares as shown in their contract, but Seller claims that he
sold only one hectare. The Buyer presented in evidence a written Deed of Absolute Sale
signed by him and Seller. The Seller introduced an old original document and ten (10)
credible witnesses to evidence his claim. Decide whose evidence will prevail over the
other.
A. Seller will win because the testimonies of ten (10) witnesses are corroborated
by original document.
B. Seller will win based on preponderance of evidence as he has more witnesses
than Buyer.
C. Buyer will win because his testimony is more credible than that of Seller
considering the fact that based on human experience buyers are more honest
than sellers.
D. Buyer will win because only the written Deed of Absolute Sale is admissible and
the pieces of evidence presented by Seller are incompetent.
82. The basis of the answer in the next preceding question is:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of law
83. Under the facts above (No. 81), which of the following, if any, are/is excluded?
A. Oral testimony of Seller. C. Original document
B. Oral testimony of witnesses. D. All of them must be excluded
84. Which Rule excludes those of No.82 above?
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of law
85. Suppose in No.81, the “old original document” referred to therein was subsequently
executed by Buyer and Seller and forms an integral part of their Deed of Absolute Sale.
Should said document be admitted?
A. Yes, since said document is deemed integrated into the Deed of Absolute
Sale.
B. Yes, since the Deed of Absolute Sale does not express the true intent of the
parties thereto.
C. No, because the integration of the said document will further obscure the
contract.
D. No, because its admission will be objected to by Buyer.
86. Suppose the document referred to in Nos. 81 and 85 is not an original document but
a secondary one. Should it be admitted in evidence?
A. No, because it is incredible. C. No, because it is incompetent
B. No, because it is irrelevant. D. Yes, because it is relevant
87. Should the document referred to in No.85 is secondary, and you believe it to be
inadmissible, what law or Rule is the basis of its exclusion?
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of law
FACTS: X raped his minor step daughter and was caught in flagrante delicto by members
of the bantay bayan. When interrogated at the bantay bayan outpost, X extrajudicially
confessed and acknowledged his commission of the crime before the bantay bayan
members without the assistance of counsel or lawyer. X was charged in court for rape and
child abuse before the court based on his extrajudicial confession of guilt.
88. Is the uncounseled extrajudicial confession of X admissible in evidence against him?
A. Yes. There is no doubt that X had raped his minor step-daughter so he must be
prosecuted and convicted for rape and child abuse and thereby serve ends of
justice.
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B. Yes. The extrajudicial confession of X was made freely, voluntarily and intelligently
and without the employment of force, violence, or threat on the part of the bantay
bayan members.
C. No. The extrajudicial confession of X before the bantay bayan is not admissible
because it was not corroborated by the testimony of his minor stepdaughter.
D. No. The extrajudicial confession of X is not admissible against him because it was
obtained in violation of his miranda rights for being uncounseled.
89. Suppose X volunteered to appeared before the bantay bayan outpost and without being
asked by the bantay bayan personnel he confessed freely, voluntarily, and unilaterally his
commission of the rape of his minor stepdaughter. Is his extrajudicial confession of guilt
admissible in evidence against him?
A. Yes. There is no doubt that X had raped his minor step-daughter so he must be
prosecuted and convicted for rape and child abuse and thereby serve ends of
justice.
B. Yes. The extrajudicial confession of X need not be counseled because it was
volunteered freely, intelligently and unilaterally without the being asked of it by the
bantay bayan members.
C. No. The extrajudicial confession of X before the bantay bayan is not admissible
because it was not corroborated by the testimony of his minor stepdaughter.
D. No. The extrajudicial confession of X is not admissible against him because it was
obtained in violation of his miranda rights for being uncounseled.

Prepared by: Reviewed by: Approved by:

GALAO G. LOMIOAN, AB; LLB. TROFIMA PANGONILO, ED. D.

JOSSETTE Y PEREZ-DAES, RN.
Classroom Teacher V.P. Academics School
President