CLJ 4 – EVIDENCE FINAL EXAMINATION SET 1 Page 1 of 8

INSTRUCTION: witness swathe defendant apply the torch c. Only statement 1 is correct
which lighted the fire. d. Only statement 2 is correct
1. YOU ARE GIVEN A TEST QUESTION Statement 2: A gun presented as 18. Statement 1: Evidence is relevant from
SHEET AND A SEPARATE ANSWER evidence in court is an object evidence. which the fact in issue is logically
a. Both statements are correct inferable
SHEET. b. Both statements are wrong Statement 2: Inferable means it can be
2. USE A BALLPEN FOR FILLING THE c. Only statement 1 is correct concluded from reasoning
d. Only statement 2 is correct a. Both statements are correct
PRELIMINARY INFORMATION IN THE 8. Statement 1: When the testimony given b. Both statements are wrong
ANSWER SHEET. USE A PENCIL by one or more witnesses as to an assault c. Only statement 1 is correct
and other witnesses are produced to d. Only statement 2 is correct
(MONGOL 2) FOR SHADING YOUR testify to the same state of facts and to no 19. A search and seizure without a warrant is
ANSWER ON THE SEPARATE ANSWER new fact, the evidence given by such made on place based on an informant’s
witnesses is merely corroborative. knowledge given a day earlier is:
SHEET. Statement 2: Conclusive evidence is a. valid, as it conforms with the constitutional
3. WRITE YOUR ANSWERS ON THE incontrovertible. guarantees
ANSWER SHEET BY SHADING THE a. Both statements are correct b. valid, by way of plain view doctrine
b. Both statements are wrong c. not valid, as it violates the constitutional
APPROPRIATE BOX OF YOUR CHOICE. c. Only statement 1 is correct guarantees
d. Only statement 2 is correct d. not valid, as it is tainted with malice
9. Statement 1: Relevancy or materiality of 20. An accused charged with murder with the
- BREAK A LEG – evidence is a matter of logic. results of the paraffin test as the only
-FEARLESS SEEKERS- Statement 2: Evidence will have to be evidence presented by the prosecution.
properly presented to be admissible. a. The paraffin test is not conclusive to
1. Statement 1: The trial court must convict a. Both statements are correct convict the accused.
the accused on the basis of an irrational b. Both statements are wrong b. The paraffin test is conclusive evidence
deduction. c. Only statement 1 is correct to prove guilt of the accused.
Statement 2: A scar is the same as a d. Only statement 2 is correct c. The paraffin test is not conclusive as it is
mole. 10. Statement 1: Admissibility is a question contaminated.
a. Both statements are correct of whether certain pieces of evidence are d. The paraffin test is conclusive as a
b. Both statements are wrong to be considered at all. scientific method of analysis.
c. Only statement 1 is correct Statement 2: Probative value is a 21. Evidence obtained by the wife through
d. Only statement 2 is correct question of whether the admitted forcible opening of the drawers and
2. Statement 1: A fact should be established evidence proves an issue. cabinets of the husband’s medical clinic is
by evidence. a. Both statements are correct a. admissible as relevant evidence
Statement 2: A witness’ testimony to be b. Both statements are wrong b. admissible evidence by way of plain view
believed must be credible. c. Only statement 1 is correct of a private person
a. Both statements are correct d. Only statement 2 is correct c. inadmissible evidence as contrary to law
b. Both statements are wrong 11. A note to prove the existence of a debt d. inadmissible evidence in violation of the
c. Only statement 1 is correct forms part of the: husband’s constitutional right to privacy of
d. Only statement 2 is correct a. Statement of fact communication and correspondence
3. Statement 1: The identification of the b. Factum probandum 22. Which of the following is a competent
accused must be established beyond c. Factum probans evidence?
reasonable doubt. d. Issues of fact a. an admission of the accused that he
Statement 2: Police line- up is a valid 12. When a pleading filed in court presents a owns the gun with the aid of counsel of his own
mode of identification of the accused. factual issue, what is required to be choice
a. Both statements are correct presented? b. an admission to the killing by the
b. Both statements are wrong a. Truth respecting a matter of fact accused in front of an investigating officer
c. Only statement 1 is correct b. Fact in issue c. a confession of the accused that he
d. Only statement 2 is correct c. Proof as to a fact owns the gun while being transported to the
4. Self-serving evidence is d. Evidence crime laboratory
a. Admissible 13. When is evidence not necessary? d. a confession of the accused to the
b. Relevant a. When there is a factual issue mayor that he raped a woman
c. Credible b. When there is a legal issue 23. During custodial investigation, what is the
d. Hearsay c. When there is a need to prove a fact right available to a person investigated?
5. Statement 1: Questions of law exist when d. When there is a denial of facts a. Right to be free
the doubt or difference arises as to the 14. It is an evidence that proves a fact in b. Right to life
truth or falsehood of alleged facts. dispute with inference from proof of facts. c. Right to be presumed innocent
Statement 2: A question of fact exists a. Direct evidence d. Right to counsel
when the doubt or difference arises as to b. Circumstantial evidence 24. DNA evidence taken from the semen
what the law is on a certain state of facts. c. Corroborative evidence sample found in the vagina of the rape
a. Both statements are correct d. Conclusive evidence victim is
b. Both statements are wrong 15. The other term for auto pic preference a. disputable evidence, absent any other
c. Only statement 1 is correct a. Direct evidence evidence
d. Only statement 2 is correct b. Verbal evidence b. conclusive evidence
6. Statement 1: Proof is the effect when the c. Object evidence c. prima facie evidence, subject to dispute
requisite quantum of evidence of a d. Primary evidence d. disputable presumption that rape was
particular fact has been duly admitted and 16. A gun as an evidence in the crime of committed by the suspect
given weight. murder is a 25. Should the accused be acquitted in the
Statement 2. Evidence is the mode and a. Testimonial evidence absence of fingerprints in the crime
manner of proving competent facts in b. Material evidence scene?
judicial proceedings c. Relative evidence a. yes, it is a conclusive presumption that the
a. Both statements are correct d. Conclusive evidence accused was never found at the crime
b. Both statements are wrong 17. Statement 1: Relevancy of evidence is a scene
c. Only statement 1 is correct matter of logic. b. yes, it is a disputable presumption that the
d. Only statement 2 is correct Statement 2: Evidence is admissible if it is accused might not have been at the
7. Statement 1: There is circumstantial relevant only. crime scene
evidence in the case of arson, that the a. Both statements are correct c. no, negative findings do not lead to a valid
b. Both statements are wrong conclusion toward acquittal
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 CLJ 4 – EVIDENCE FINAL EXAMINATION SET 1 Page 2 of 8
d. no, fingerprints are not conclusive c. deliberate installation of a devise to a. Credible evidence
evidence overhear spoken words b. Reasonable witness
26. Accused was convicted of the complex d. possessing a record of communication or c. Verified testimony
crime of murder and frustrated murder. spoken word d. Erring witness
On pendency of appeal accused 35. What did you observe when they got 46. In crimes involving illegal possession of
admitted the favorable results of the lie married is an example of a firearm, the prosecution has the burden of
detector test. Should the accused be a. Compound question proving the elements of the existence of
acquitted on this basis? b. Misleading question the subject firearm and
a. yes, the accused was able to prove he c. Compound question a. The accused who owned it has a
was not lying d. General question license
b. yes, the accused was able to prove he did 36. A question which is made up of two or b. The accused who possess it has no
not commit the crime more queries connected by conjunctions license
c. no, the polygraph test is not a valid test and or. c. The accused has permit to possess
d. no, the court does not put faith on a. Compound question d. The accused has no permit to
polygraphy as an accurate means of b. Misleading question possess
ascertaining truth c. Compound question 47. Illegal possession is a crime punished by:
27. Which among the following establishes d. General question a. RPC and a malum prohibitum crime
the factum probandum ? 37. Under the rules on evidence, which from b. Special law and a mala in se crime
a. The fact that fingerprints are found at the among the choices is not an ephemeral c. RPC and a mala in se crime
crime scene. electronic communication? d. Special law and a mala prohibita
b. The fact that Mario killed Pedro with a bolo. a. telephone conversations crime
c. The fact that gasoline was bought, arson b. text messages 48. All are valid requisites for the issuance of
was done. c. ATM transactions a search warrant, except:
d. The fact that the accused is negative for d. chatroom sessions a. It is issued upon probable cause
nitrates. 38. What is the probative value of flight of the b. That probable cause was determined
28. Evidence is required because accused? by the judge
a. the court is presumed not aware of the a. It proves guilt c. The probable cause is based on
veracity of facts in a case b. It makes guilt more likely than not mere suspicion
b. the court is considered ignorant of truth as c. It makes gult somewhat more likely d. The the warrant issued is with
alleged in the complaint d. there is no relevance to guilt particularity
c. the court can take judicial notice of the facts 39. A degree of proof below that of proof 49. A warrantless search is valid within plain
presented beyond reasonable doubt, which taken in view in all the requisites, except:
d. the court can presume allegations to be the its entirely is superior to that of another. a. A police intrusion based on an
factum probandum a. best evidence unofficial duty
29. In a case of arson, the witness saw the b. secondary evidence b. The evidence was inadvertently
defendant apply the torch which lighted c. preponderance evidence discovered
the fire. This evidence is called: d. weight evidence c. The evidence is immediately
a. direct evidence 40. All are requisites of judicial notice, except: apparent
b. indirect evidence a. The matter must be one of common d. Plain view justified mere seizure of
c. circumstantial evidence and general knowledge evidence without further search
d. best evidence b. It must be well and authoritatively 50. Judicial notice by way of distance of a
30. A check is presented as to its written settled geographical area is a matter:
content. What kind of evidence is it? c. It must be a disputed fact a. Mandatorily admitted by the court
a. object or real evidence d. Generally known within the territorial b. Capable of unquestionable
b. documentary evidence jurisdiction of the trial court demonstration
c. relevant evidence 41. They are those matters coming to the c. Of public knowledge
d. admissible evidence knowledge of men generally in the course d. Ought to be known to judges due to
31. When a witness affirms that a fact did or of ordinary experiences of life, or they their function
did not appear based on his personal may be matters which are generally 51. Evidence required of the crime of robbery
knowledge, it is called accepted by mankind as true and are by a band is the presence of
a. prima facie evidence capable of ready and unquestioned a. 3 armed malefactors
b. rebuttal evidence demonstration. b. 6 armed men
c. positive testimonial evidence a. Judicial notice c. At least 3 armed men
d. negative testimonial evidence b. Judicial knowledge d. Less than or equal to 4 armed men
32. When a testimony has been given by one c. Public knowledge 52. For alibi to prosper, the accused must
or more witnesses as to an assault and d. Common knowledge a. Prove that he is at the locus criminis
other witnesses are produced to testify to 42. The principal guide in determining what b. Prove that he was elsewhere when
the same state of facts and to no new facts may be assumed to be judicially the crime was committed
facts, it is called known is that of c. Demonstrate physical impossibility
a. conclusive evidence a. Notoriety being at the crime scene
b. prima facie evidence b. Common knowledge d. Establish absence at the crime
c. corroborative evidence c. General knowledge scene by public knowledge
d. cumulative evidence d. Admitted fact 53. The two elements must concur: (1) the
33. Evidence will be received if it satisfies all 43. A party may announce its intention to take employment of means of execution that
the requirements prescribed by law in judicial notice of any matter but may do so gives the person attacked no opportunity
order that it may be admissible for the only upon the conduct of a to defend himself or retaliate; and (2) the
purpose for which it was presented, even a. Hearing means of execution were deliberately or
if it does not satisfy the other b. Investigation consciously adopted to consider and
requirements for its admissibility for other c. Probable cause prove:
purposes. d. conference a. Alevosia
a. multiple admissibility rule 44. What is a vital evidence decisive of the b. Evident premeditation
b. conditional admissibility rule success or failure of the prosecution? c. Animus lucrandi
c. curative admissibility rule a. Testimonial evidence d. Aggravating circumstance
d. explicit admissibility rule b. Eyewitness identification 54. Validity of arrest must be assailed
34. The following acts are prohibited under c. Police investigation report a. Before plea
R.A. 4200, except: d. Admission b. After plea
a. listening to telephone extension lines 45. It is such testimony as the common c. During trial
b. intercepting a conversation using an experience of mankind can approve as d. Pending appeal
electronic device probable under the circumstance.
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 CLJ 4 – EVIDENCE FINAL EXAMINATION SET 1 Page 3 of 8
55. Can the accused, if illegally arrested be c. Both statements are correct 69. If the suspect confess to the accused
exculpated from the crime? d. Both statements are incorrect crime under custodial investigation, the
a. Yes, there must be a valid arrest 62. Specifically, seizure of evidence in “plain confession is:
b. Yes, it is the right of the accused to view” is justified when there is all, except: a. Valid as competent evidence
be free a. a prior valid intrusion based on the valid b. Valid as relevant evidence
c. No, the State should not be deprived warrantless arrest in which the police are c. Not valid because of the fruit of the
of its right to prosecute when the legally present in the pursuit of their poisonous tree
accused is indeed guilty official duties d. Not valid without counsel
d. No, the case will be automatically b. “plain view” is justified with further search 70. If a gun, as corpus delicti was
dismissed c. the evidence was inadvertently surrendered by the accused to the police,
56. After the prosecution has completed its discovered by the police who had the what is necessary to validate admissibility
direct examination of star witness Abel, right to be where they are of evidence?
Atty. Cain who is not present did not d. the evidence must be immediately a. An affidavit attesting to the veracity of
cross-examine but rather moved to reset apparent the ownership of the gun by the
cross examination on a later date. Abel 63. . Between the positive declaration of suspect
thereafter died due to heart attack. The Catherine Manalo and the denial of b. An affidavit attesting to the
schedule of cross-examination did no accused Elmer Vergara, the former voluntariness of the act of
happen. Atty. Cain then moved that Abel’s deserves more credence, who is the surrendering the gun
testimony be stricken out. Is Atty. Cain former? c. A waiver signed by the judge with an
correct? a. Catherine Manalo affidavit indicating the license of the
a. Yes the right of the party to cross b. Elmer Vergara gun
examine of witness his adversary is c. The previous d. A waiver signed by the accused in the
important and is a right guaranteed d. The after presence of the counsel of his choice
under bill of rights. 64. Seizure of evidence in plain view results 71. If the husband used recorded telephone
b. Yes there was denial due process due to to messages of the wife as evidence against
unavailability of Abel to be cross a. Inadmissibility due to exclusionary her, allowing his military friends access to
examine rule his home without the knowledge of the
c. No the loss of opportunity to cross- b. Admissibility due to the fruit of the wife, the evidence is:
examine Able was wholly through the poisonous tree doctrine a. Admissible because of a valid consent
fault of adverse party. c. Admissibility as a valid warrantless b. Admissible as it is sanctioned by the
d. No. it appears that the adverse party arrest rules
waived the right to cross examine Abel. d. Inadmissibility due to a valid waiver of c. Inadmissible as it is not competent
57. Mario is charged with the rape of right to search evidence
Princess. Luigi, Mario’s father approached 65. The seizure of evidence in plain view d. Inadmissible as it is in violation of the
Yoshi, Princess’ father during the applies were the police officer: law
preliminary investigation and offered P a. Search with a valid warrant 72. What is the value of the paraffin test as
500,000 to settle the case Yoshi refused b. Inadvertently come across the object evidence?
the offer. May the offer be admissible in c. Obtained an evidence relevant to the a. It is admissible, being relevant
evidence against Mario as implied case at hand b. It is admissible, being a collateral
admission of guilt? d. Search for papers and effects matter
a. Yes an offer compromise in criminal case 66. If an informant had revealed the name of c. It is not admissible, being a collateral
may be received in evidence as the accused as well as the place where matter
admission of guilt. the marijuana was planted, there is: d. It is not admissible, being not
b. No because the party of the alleged a. A valid basis for determination of sanctioned by the rules
victim did not accept the offer. probable cause to issue a warrant to 73. The presence of nitrates in a paraffin test
c. Yes because the offer was made during search indicates:
the preliminary stages of proceedings. b. No valid search warrant as it is based A. the possibility that the person fired a
d. No it was not the accused, Mario , but only in mere suspicion gun
rather his father Luigi who made the c. A valid warrantless search of the B. the infallibility that the person has fired
offer. place, if conducted a gun
58. If a judge knows of a fact, making d. No valid warrant of arrest C. conclusiveness of evidence
evidence unnecessary because such fact 67. If the doctor’s wife was able to obtain D. high probative value of evidence
is known to him by reason of his office, evidence of her husband’s 74. a suspect’s dna taken from a vaginal
there is correspondence, such as letters and swab of the victim:
a. Judicial notice greeting cards with his paramour by a. admissible as a collateral matter using
b. Judicial knowledge forcibly opening her husband’s clinic daubert test
c. Common knowledge drawers, the evidence when presented in b. admissible, being conclusive
d. Common sense court is: c. admissible, using proper chain of
59. Statement 1. Judicial knowledge is a. Inadmissible as it is in violation of her custody
equivalent to judicial notice. husband’s right to privacy of d. admissible, being relevant
Statement 2: Judicial knowledge is based communication 75. In an investigation of the crime of robbery
on the personal knowledge of the court. b. Admissible, her being a private with rape, there is no showing of
a. Only statement 1 is correct person, hence not covered by the fingerprints of the accused in the crime
b. Only statement 2 is correct exclusionary rule scene. The effect or implication is:
c. Both statements are correct c. Inadmissible as it was not done in a. The accused did not commit the crime
d. Bothe statements are incorrect plain view b. The negative finding is conclusive of
60. All are facts that need not be proved, d. Admissible as the search is legitimate the accused’s innocence
except: being done by a wife, cabinets and c. The negative finding is not conclusive
a. Those which the court may take drawers being conjugal property that the accused is not at the locus
judicial notice 68. If the suspect admitted he had the gun in criminis
b. Those which are judicially admitted his house while on the way to the crime d. The accused has no fingerprint of his
c. Those which are offered in evidence laboratory, the admission is: own
d. Those that are conclusively presumed a. Valid as competent evidence 76. Should the accused be acquitted when
61. Statement 1: Possession of firearm with b. Valid as relevant evidence the polygraph test shows no specific
an expired licensed is not unlawful. c. Not valid because of the fruit of the reaction indicative of deception?
Statement 2: Possession of a licensed poisonous tree doctrine a. Yes, as polygraph test indicates a
firearm is lawful if the license is revoked. d. Not valid without counsel conclusive evidence of deception or
a. Only statement 1 is correct non-deception
b. Only statement 2 is correct
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 CLJ 4 – EVIDENCE FINAL EXAMINATION SET 1 Page 4 of 8
b. Yes, as polygraph test is a scientific 84. The following are specific objections 88. Clark Manalo is being charged with
tool for determining deception except: frustrated murder of Peter Santos. The
c. No, as polygraph test is defective a.objection! impeachment is improper. prosecution lone witness, Celeste Matute
d. No, as polygraph test is not an b.objection! the evidence is competent. testified to having seen Clark pour
accurate means of ascertaining truth c.objection the question calls for hearsay rubbing alcohol surreptiously into peters
or deception answer. orange juice. The counsel of the defense
77. If a court admits a fact as true by judicial d.objection! the question is beyond the scope sought the disqualification of Celeste as
notice, there is: of direct examination. witness on the ground of his previous
a. A need to prove a fact in issue 85. Bar tolome was more than ten times after convection of falsification of documents is
b. No need to prove a fact in issue figuring an heated arguments in a cockpit. the contention of Clark counsel is
c. A need to present evidence Under the consciousness of an impending tenable?
d. No need to establish onus probandi death.tolome identified his assailant as 89. a.yes celeste previous crime disqualifies
78. Evidence of the bad Mando Daya and mentioned to his wife her as competent witness.
reputation of the fact of the accused for Remedios. Miraculously. Tolome survived b.no celeste previous conviction of falsification
being troublesome and aggressive does and recovered may Tolome and his wife of documents is not that not affect her
a make the evidence admissible to prove testimonies be offered in evidence? competency as witness.
his guilt a. Yes. Their testimonies may be c.yes convection of falsification of documents
b. not make the evidence admissible to admitted as part of dying is one of exception expressly provided by law.
prove his guilt declaration. d.no celestes previous convection is not
c. make the evidence collateral matter b. Yes. Their testimonies may be connected against clark.
d. make an evidence inadmissible admitted as part of res gestae 90. Alibi is considred as weakest defense for
79. In a search and seizure without a warrant, c. Yes. Their testimonies may be it to prosper , it must be exonerating and
for evidence to be admissible under the admitted both as part of dying airtight determine which of the following
plain view doctrine, declaration and res gestae statements is the strongest alibi.
a warrant , for evidence to be admissible d. Yes. Tolome testimony may be a. Sleeping at home when crime is committed.
under the plain view doctrine offered as dying declaration b. left for united states before the crime was
a the police must come across the object while that Remedios may be committed and returned to the Philippines after
intentionally admitted as res gestae. more than a year of vacation.
b the police must have ample time to 86. In criminal case of illegal possession of c. was at fiesta at neighboring barangay at
search the area fire arms filed against john the exactly the time committed.
c the police must have mere suspicion to prosecution johns extrajudicial d. playing mahjong with friends at the time
search the area confession. Likewise , the testimony of committed.
d the police must come across the object arresting officer that the caught john 91. Alex Sandejas was charged with raped.
inadvertently carrying the gun presenting in the court to During pre-trial, Alex father Mr. Warleto
80. If a private person searches an area and sustain conviction which of the following Sandejas personally offered P 2 million to
found the gun used to commit a crime , statements is correct? private prosecutor to settle the case. The
the gun when presented as evidence is a. John should not convicted prosecutor immediately put the offer on
a admissible evidence as searches done because the evidence record in the presence on trial judge is Mr.
by private person is not violative of the presented does not satisfy the Warlito offer a judicial admission of his
constitutional rights of the accused burden of proof established by son guilt.
b not admissible as privacy of law in criminal cases. a. Yes it is a judicial admission
communication is an inviolable rights b. John should not be convicted considering it was made in the
c admissible as public safety and order is because there is no showing course of proceedings of the case
primordial concern that his rights were protected being face by his son.
d inadmissible for being invalid the search when he made his confession b. No. it is not judicial admission
warrant having been absent c. John should not convicted because the act was verbal.
because it was not proven that c. Yes it is judicial admission because it
81. The day following the accused were john was carrying a weapon is verbal.
brought to the police headquarters on the without license/permit. d. No it is not judicial admission
way to the crime laboratory , one of them d. John should not be convicted because it was not made by a party
told the police escort that he had a gun in because extrajudicial to a case.
his house which the police lost no time of confession is inadmissible. 92. Two weeks after a successful robbery of a
retrieving Is the evidence relevant? 87. Jane was accused of murdering john. The high profile bank. A arrested. During a
a yes , as it has a direct relation to the prosecutor handling the case offered radio interview, he admitted his
fact of issue evidence the gun used in killing john, the participation in robbery and implicated
b yes , as the issue is voluntary finding of the forensic (DNA) expert three others namely X,Y and Z as his
c no , as it is collateral matter putting jane at the scene of the crime, and other companions in planning and
d no , as it is given without his counsel printed copies of the emails send by jane executing robbery. Decide on the
82. Based on the facts above is the gun to john threatening to kill him. Counsel to admissibility of A statement.
competent evidence? the accused obejected to the admissibility a. A statement is admissible as to him
A yes being a valid extrajudicial of the email on the of the rule on but not to X,Y,Z
confession electronic evidence do not apply to b. A statement is admissible to him and
B yes as the admission given with criminal cases. Decide to X,Y,Z as well.
consent a. The printed copies of email are c. A statement is admissible is neither
C no , being a fruit of the poisonous tree admissible are the functional admissible to him nor X,Y and Z.
D no , being a gun obtained from an equivalent of paper based d. A statement is not admissible to but
invalid warrantless search documents. admissible to X,Y and Z.
83. Which of the following statements is b. The printed copies of the email 93. This is where an improper evidence was
correct? are admissible because printed admitted over the objection of thee
a. A domestic record maybe evidenced by copies are considered original opposing party the other party should be
an official publication. copies. permitted to contradict it with similar
b. circumstantial evidence can be utilized c. The printed copies of email are proper evidence.
not only in criminal case but in civil case admissible because the death a. Multiple admissibility.
as well threats are relevant evidence to b. Curative admissibility.
c. testimonies of witnesses are always pointing to murder, a criminal c. Conditional admissibility.
given in open court. case. d. Total admissibility
d.expert testimony is not necessary in d. The printed copies of email are 94. Determine which statement is incorrect?
petition under article 36 of family code. admissible because electronic a. Print-out of facsimile transmission is
evidence convers criminal case. considered electronic evidence.
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 CLJ 4 – EVIDENCE FINAL EXAMINATION SET 1 Page 5 of 8
b. Proof beyond reasonable doubt c. Yes because the offer was made b. Yes, as the contents of the letter is
requires moral certainty. during the preliminary stages of essential to the resolution of the case
c. Jurisprudence rejects the result of the proceedings. c. No, as the letter has to be presented
polygraph test when offered as d. No it was not the accused, Mario , but only as to its due execution
evidence because it has not yet rather his father Luigi who made the d. No since the presentation of the letter
attained scientific acceptance as offer. is only collateral to the subject in issue
assurance of ascertaining truth. 100. During Alexis’ trial for rape with murder, 106. A common-law husband wrote an
d. The best evidence rule is consider as the prosecution sought to introduce DNA autobiography stating that he conceived a
misnomer. evidence against him, based on forensic child with his common-law wife. The
95. There is reversal of burden of proof in the laboratory matching of the materials found husband later died. The wife used
following instances except: at the crime scene and Alexis’ hair and unsigned autobiography as evidence to
a. In the civil case the defendant blood samples. Alexis’ counsel objected, establish paternity of the child. Is the
asserts the plaintiff action is barred claiming that DNA evidence is autobiography admissible evidence?
by estoppel. inadmissible because the materials taken a. Yes, as an exception to the hearsay
b.In criminal case the accused moved to from Alexis were in violation of his rule being a declaration against
dismissal of information against him constitutional right against self- interest
because no trial has yet to incrimination as well as his right of privacy b. Yes, as an exception to the hearsay
commence after more than 200 days and personal integrity. Is the DNA rule being a dying declaration
from the time he was arraigned. evidence admissible? c. No, the unsigned document is
c. in civil case case the defendant a. Yes, as blood samples and hair hearsay, hence inadmissible
claims that the plaintiff knowingly strands extracted from the crime d. No, the autobiography is fiction,
assumed himself to be in danger scene are purely mechanical acts to hence, devoid of truthfulness
d. in civil case the defendant denies the do that does not involve discretion 107. The victim Pedro stated to Juan that it
claim of indebtedness against him nor require his intelligence was the street bum that shot him. Pedro
by plaintiff . b. Yes, as it is a relevant evidence survived the fatal shot. During trial, Juan
96. Can the court take judicial notice of a c. No, the right against self-incrimination was presented to testify as to the tenor of
previous decision without need of is applicable only to testimonial Pedro when he was shot. Juan’s
evidence? evidence testimony is.
a. Yes, if it is in the same case d. No, as the right to privacy is violated a. Admissible evidence , being a dying
b. Yes, it is mandatory 101. During a buy-bust operation, marked declaration
c. No, it must be offered first money was used as evidence of the b. Admissible evidence, being part of res
d. No, presentation of evidence is crime. During trial for the same case, only gestae
necessary the Xerox copies of the marked money c. Inadmissible evidence being hearsay
97. Determine which of the following is was presented. Are the Xerox copy of d. Inadmissible evidence by reason of
evidentiary concept is not involved in the marked money admissible as evidence? Pedro being alive.
presentation of documentary evidence. a. Yes, as the purpose of presenting of 108. A testimony of a witness regarding a
a. Best evidence rule evidence is solely for establishing the statement made by another person given
b. Parole evidence rule. existence of marked money. for the purpose of placing the statement
c. Survivorship disqualification b. Yes, as the marked money, albeit on record is called
rule. Xerox is relevant evidence a. Interlocking confession
d. Hearsay rule c. No, as the Xerox copy is in violation of b. Res inter alios acta
98. after the prosecution that It has completed the best evidence rule c. Admission by third party
its direct examination of star witness Abel, d. No, as the Xerox copy of the money is d. Independently relevant statement
Atty. Cain who is not present did not not authenticated 109. X was charged with robbery. On the
cross-examine but rather moved to reset 102. The photocopy of the marked money is a strength of a warrant of arrest issued by
cross examination on a later date from a. Best evidence the court, X was arrested by the police
there the schedule of cross-examination b. Object evidence operatives. In a press conference, X
of Abel thereafter died due to heart attack. c. Representative evidence admitted that he was robbed the victim of
Atty. Cain then moved that Abels d. Secondary evidence jewelry. The prosecution presented in
testimony be stricken out. Atty. Cain 103. In a case where counsel wants to show evidence a newspaper clipping of the
correct? that the marriage took place between H report to the reporter who was present
a. Yes the right of the party to cross and W, the appropriate evidence to be during the press conference stating that X
examine of witness his adversary is presented is: admitted the robbery. Is the newspaper
important and is a right guaranteed a. The marriage contract clipping admissible evidence against X?
under bill of rights. b. The testimony of the witness that there a. Yes, as a hearsay evidence offered as
b. Yes there was denial due process due was a signing of the marriage contract an exception to hearsay rule being
to unavailability of Abel to be cross c. The testimony of the witness that the part of the res gestae.
examine marriage took place b. Yes, as a non-hearsay evidence,
c. No the loss of opportunity to cross- d. Presentation of photographs showing being an independently relevant
examine Able was wholly through the that the marriage took place statement
fault of adverse party. 104. If the inquiry involved the existence and c. Yes, as a hearsay exception being
d. No. it appears that the adverse party due execution of the marriage contract, part of a public document
waived the right to cross examine what kind of evidence needs to be d. Yes, as a non-hearsay evidence, the
Abel. presented? reporter having personal knowledge of
99. Mario is charged with the rape of a. Object evidence the admission.
Princess Luigi, Mario father approached b. The marriage contract being a 110. What is the reason for the exclusion of
Yoshi, Princess father during the documentary evidence hearsay evidence?
preliminary investigation and offered P c. Testimonial evidence as to contents of a. It is not credible and trustworthy
500,000 to settle the case Yoshi refused the contract b. It is a falsity
the offer. May the offer be admissible in d. Testimonial evidence that the marriage c. It is susceptible of cross-examination
evidence against Mario as implied contract was executed. d. It is vulnerable to collateral attacks
admission of guilt? 105. If a witness testifies that the victim was 111. It is made by a person after a mortal
a. Yes an offer compromise in criminal writing a letter when he was shot by the wound has been inflicted under the belief
case may be received in evidence as accused, should the letter written by the that death is certain.
admission of guilt. victim when presented as evidence a. Startling occurrence
b. No because the party of the alleged adhere to the best evidence rule? b. Dead man’s statute
victim did not accept the offer. a. Yes, as it is to be presented as a c. Privileged communication
document d. Ante mortem statement

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 CLJ 4 – EVIDENCE FINAL EXAMINATION SET 1 Page 6 of 8
112. A dying declaration is applicable to any 119. In a criminal case for illegal possession c. The DNA results are inadmissible for
case where: of firearms filed against John, the being hearsay.
a. The declarant died prosecution presented John’s extrajudicial d. The DNA results are admissible
b. The declarant prior to his death confession. Likewise, the testimony of the because 99.9% probability of paternity
uttered any last minute statements arresting officer that he caught John is a disputable presumption of
c. The death of the declarant is the carrying the firearm was presented in paternity.
subject of the inquiry court to sustain a conviction. Which of the 123. Clark Manalo is being charged of
d. The dying person uttered statement following statements is correct? frustrated murder of Peter Santos. The
pertaining to his last will and a. John should not be convicted because prosecution’s lone witness, Celeste
testament the evidence presented does not Matute testified to having seen Clark pour
113. The accused was charged with robbery satisfy the burden of proof established rubbing alcohol surreptiously into Peter’s
with homicide. The victim suffered several by law in criminal cases. juice. The counsel for defense sought the
stabbed wounds. It appears that 11 hours b. John should not be convicted because disqualification of Celeste as a witness on
after the crime, while the victim was being there is no showing that his rights the ground of her previous conviction of
brought to the hospital, in a jeep with his were protected when he made his falsification of a document. Is the
brother and a policeman as companions, confession. convection of the Clark’s counsel
the victim was asked certain questions c. John should not be convicted because tenable?
which he answered pointing to the it was not proven that John was a. Yes. Celeste’s previous conviction
accused as his assailant. His answers carrying a weapon without a disqualifies her as a competent
were put into writing, but since he was in permit/license. witness.
a critical condition, his brother and the d. John should not be convicted because b. No. Celeste’s previous conviction of
policemen signed the statement. Is the extrajudicial confessions are falsification of documents is not a factor
statement admissible as a dying inadmissible. that affects her competency as a
declaration? 120. Marimar is twenty years old with a mental witness.
a. Yes, as the declaration need not be in age of an eight-year old. She accused c. Yes. Conviction of falsification of
writing to be admissible Henaro of raping her and testified on her documents is one of the exceptions
b. Yes, as the declarant died eventually. harrowing experience in open court. The expressly provided by law.
c. No, 11 hours is long enough for him to counsel for the defense attacked the d. No. Celeste’s previous conviction is not
execute a written statement which he credibility of Marimar on the ground that connected with the charge against
failed to do. she is mentally retarded. Is Marimar a Clark.
d. No, it is hearsay as he was not able to credible witness? 124. Alibi is considered the weakest defense.
sign the declaration a. No. She is disqualified to take the For it to prosper, it must be exonerating
114. X was stabbed and brought to the witness stand because her mental and airtight. Determine which of the
hospital. When asked by the police before incapacity. following statements is the strongest alibi.
his dying declaration was taken whether b. Yes. Mental retarded per se does not a. Sleeping at home when the crime was
he believed he was going to die of his affect credibility. committed.
wounds, his answer was: “God willing, I c. No. She is incapable of perceiving b. Left for the United States month before the
will survive.” The admission of a dying and making known her perception to crime was committed and returned to the
declaration on trial was objected on the others. Philippines after more than a year of
ground that it was not made under the d. Yes. She is presumed to be vacation.
consciousness of an impending death. Is competent. c. Was at a fiesta in a neighboring barangay at
the declaration admissible? 121. Jane was accused of murdering John. exactly the time the crime was committed.
a. Yes, not as a dying declaration but as The prosecutor handling the case offered d. Playing mahjong with friends at the time the
part of the res gestae. in evidence the gun used in killing John, crime was committed.
b. Yes, as he eventually died findings of the forensic (DNA) expert 125. Alex Sandejas was charged with rape.
c. No, as he is not aware that he will die putting Jane at the scene of the crime, During the pre-trial, Alex’s father, Mr.
when he made the declaration and printed copies of the emails sent by Warlito Sandejas personally offered P2
d. No, but it is admissible as a dead Jane threatening to kill him. Counsel for million to the private prosecutor to settle
man’s statute the accused objected to the admissibility the case. The private prosecutor
115. It is the prevailing belief in the community of the email on the ground that the Rules immediately put the offer on record in the
as to the existence of certain fact. on Electronic Evidence do not apply to presence of the trial judge. Is Mr. Warlito’s
a. Pedigree criminal cases. Decide. offer a judicial admission of his son’s
b. Family reputation a. The printed copies of the email are guilt?
c. Common reputation admissible because electronic a. Yes. It is a judicial admission considering
d. Character evidence documents are the functional equivalent that it was made in the course of the
116. It refers too exclamations and statements to paper based documents. proceedings of the case being faced by
made by participants, victims or b. The printed copies of the email are his son.
spectators to a crime immediately before, admissible because the printed copies b. No. It is not a judicial admission because
during or after the commission of the are considered original copies. the act was verbal.
crime. c. The printed copies of the email are c. Yes. It is a judicial admission because it is
a. Startling occurrence admissible because the death threats verbal
b. Part of the res gestae are relevant evidence to pointing to the d. No. It is not a judicial admission because
c. Exclamatory statements murder, a criminal case. it was not made by a party to the case.
d. Res inter alios acta d. The printed copies of the email are 126. Two weeks after a successful robbery of a
117. All are exceptions to the hearsay rule, admissible because electronic evidence high-profile bank, A was arrested. During
except: now covers criminal cases. a radio interview, he admitted his
a. Entries in the course of 122. In a case for support filed by the mother participation in the robbery and implicated
business against the father, the defendant’s three others, namely, X,Y and Z as his
b. Third party statements counsel objected to the admissibility of other companions in planning and
c. Commercial lists and the like the results of the DNA tests submitted by executing the robbery. Decide on the
d. Learned treaties the petitioner’s counsel on the ground that admissibility of A’s statement.
118. All are elements of hearsay, except: the latter offered only the original copy of a. A’s statement is admissible as to him but
a. Independently relevant statements the results of the DNA tests which state not to X,Y and Z.
b. An assertion or conduct amounting to that the defendant is the child’s father. b. A’s statement is admissible to him and to
an assertion Decide. X,Y and Z.
c. Made or done by someone other than a. The DNA results are admissible as c. A;s statement is neither admissible as to
a testifying witness on the stand the same are original copies thereof. him nor to X,Y and Z.
d. Offered to prove the truth of the b. The DNA results are inadmissible as d. A’s statement is not admissible as to
matter asserted the same was not authenticated. him, but admissible against X,Y and Z.
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127. Determine which of the following 133. This inadmissible evidence pertains to 139. Statement 1: Bias is a basis for eclaring
statement is incorrect. similar conduct which does not even the witness incompetent.
a. Print-out of facsimile transmissions is sufficiently establish a plan or scheme. Statement 2: Drug abuse will render the
considered as electronic evidence. a. Evidence aliunde witness incompetent to testify.
b. Proof beyond reasonable doubt only b. Propensity evidence
a. Only statement 1 is correct
requires moral certainty. c. Circumstantial evidence
c. Jurisprudence rejects the results of d. Negative evidence b. Only statement 2 is correct
polygraph tests when offered in 134. Mario was charged with the rape of c. Both statement are correct
evidence because it has not yet Princess. Luigi, Mario’s father, d. Both statement are incorrect
attained scientific acceptance as an approached Yoshi, Princess’s father
accurate means of ascertaining truth. during the preliminary investigation and Problem No. 1
d. The “best evidence rule” is offered P500,000.00 to settle the case.
considered as a misnomer. Yoshi refused the offer. May the offer be
128. This is where an improper evidence was admissible in evidence against Mario as Dencio barged into the house of Marcela, tied
admitted over the objection of the an implied admission of guilt? her to the chair and robbed her of assorted
opposing party, the other party should be a. Yes. An offer of compromise in a criminal pieces of jewelry and money, Dencio then
permitted to contradict it with similar case may be received in evidence as an brought Candila, Marcela’s maid to a
improper evidence. admission of guilt. bedroom where he raped heer. Marcela could
a. Multiple admissibility b. No, because the party of the alleged hear Candila crying, “ huwag,maawa ka sa
b. Curative admissibility victim did not accept the offer. akin “ after raping candila, Dencio fled the
c. Conditional admissibility c. Yes, because the offer was made during house with the loot. Candela untied Marcela
d. Total admissibility the preliminary stages of the proceeding. and rushed to the nearest police station.
129. There is a reversal of burden of proof in d. No. It was not the accused, Mario, but Candila told the police what happened. The
the following instances except: rather his father, Luigi, who made the policeman noticed that Candila was hysterical
a. In a civil case, the defendant asserts that offer. and on the verge of collapse. Dencio was
the plaintiff’s action is barred by 135. Disqualification by reason of marriage is charged with robbery with rape. Durign trial,
estoppel. characterized by the following except: Candila can no longer be located.
b. In a criminal case, the accused moves a. Can be claimed even after the marriage is
for the dismissal of the information dissolved. 140. If the police will testified that he
against him because no trial has yet to b. Can be invoked only if one of the spouses noticed Candila to be hysterical and
commence after more than 200 days is a party to the action. on the verge of collapse, the
from the time he was arraigned. c. Constitutes a total prohibition for or testimony is.
c. In a civil case, the defendant claims that against the spouse of the witness. a. Admissible being relevant
the plaintiff knowingly assumed himself d. The objection would be raised on the b. Admissible as an opinion of an ordinary
to be in danger. ground of marriage. witness
d. In a civil case, the defendant denies the 136. When Susan loaned a sum of money to c. Inadmissible as hearsay
claim of indebtedness against him by the Sandra, Susan typed a single copy of the d. Inadmissible as part of the res gestae
plaintiff. promissory note, which they both signed. 141. If the police will testify as to the rape
130. The first branch of res inter alios acta rule Susan made two photocopies of the incident, the testimony is
has reference to the following except: promissory note, giving one copy to a. Relevant and competent
a. Extrajudicial admissions Sandra and retaining the other copy. b. Hearsay
b. Statements made in open court Susan entrusted the typewritten copy to c. Admissible as an exception to the
c. Admissions by a co- partner her counsel, Atty. Matias for safekeeping. hearsay rule
d. Admissions by a co- conspirator However, the copy kept by Atty. Matias d. A declaration against interest
131. Determine which of the following was destroyed when the law office was 142. If Marcela will testify to the rape,
evidentiary concepts is not involved in the burned. Comment on the documents hearing Candida said “ Huwag,
presentation of documentary evidence: found in the instant case. maawa ka sa akin.” The testimony is
a. Best evidence rule a. The original is one typed and signed by a. Hearsay, hence inadmissible
b. Parole evidence rule both parties which was lost while the b. Part of the res gestae
c. Survivorship disqualification duplicate originals are the photocopies. c. A declaration against a third party
rule b. The original is the one typed and d. None of the above
d. Hearsay rule signed by both parties which was lost 143. Assume that Mr. X is accused of
132. After the prosecution declared that it has while photocopies are not duplicate physical injuries. Is evidence that he
completed its direct examination of its star originals. committed similar acts in the past
witness Abel, Atty. Cain, who was c. The original is the one typed and admissible to p[rove his propensity for
present, did not cross-examine Abel, but signed by Susan while the duplicate committing such acts?
rather moved to reset the cross- original is the one given to Sandra. a. Yes, as it establishes his character
examination on a later date. From there; d. The typewritten promissory note and b. Yes, it is a habit of the accused
the schedule of cross-examination was the two photocopies of such are all c. No, previous act or conduct is not
moved twice by Atty. Cain. However, days considered original. admissible as evidence
before the rescheduled cross-examination 137. In the conduct of the examination of a d. No, previous act are hearsay
of Abel, the latter died due to heart attack. child witness, the following are allowed, 144. If similar acts may be offered to show
Atty. Cain then moved that Abel’s except: that they share distinctive features as
testimony be stricken out. Is Atty. Cain a. No objections to questions asked to the the offense for which the accused is
correct? child-witness may be sustained. charged, it is
a. Yes. The right of a party to cross- b. Only the judge is allowed to ask a. Admissible as a modus operandi
examine the witness of his adversary is questions to a child witness during the b. Admissible as a reference
important and is a right guaranteed preliminary examination. c. Inadmissible as the rules does not
under the Bill of Rights. c. An emotion security item may be used sanction it
b. Yes. There was a denial of due process by the child in giving his testimony. d. Inadmissible as it is irrelevant
due to the unavailability of Abel to be d. Leading questions may be asked in any
cross-examined. stage of the child witness examination. Problem No.2
c. No. The loss of the opportunity to cross- 138. Credibility of the witness refers to
examine Abel was wholly through the a. competence of the witness to take the stand
fault of the adverse party. When A was stabbed on the chest during
b. legal qualifications of a witness a street brawl, he instinctively shouted for help.
d. No. It appears that the adverse party has c. standing in court of a witness
waived its right to cross-examine Abel. B, who was nearby, heard the shout and
d. weight and trustworthiness of the testimony immediately run towards A, who, upon inquiry
by b, stated that c had stabbed him.

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 CLJ 4 – EVIDENCE FINAL EXAMINATION SET 1 Page 8 of 8
145. From problem # 2, assuming that A was
under the belief that he will die when he
stated that C had stabbed him, as the
declaration of b will be
a. Admissible as hearsay
b. Inadmissible being hearsay
c. Admissible as an exception to the
hearsay rule
d. Admissible as part of res gestae
146. From Problem # 2, assuming that the
declaration of b is admissible, what is the
applicable rule?
a. Dying declaration, exception to hearsay
b. Res gestae, a hearsay declaration
c. Dying declaration and part of res gestae,
multiple admissibility rule
d. Dying declaration or res gestae
alternative rule
147. It refers to a situation where
incompetent evidence was erroneously
received by the court despite objection from
the other party. Where the objection was
incorrectly overruled, the court must allow the
other party to introduce evidence to contradict
the evidence improperly admitted.
a. Curative admissibility
b. Multiple admissibility
c. Conditional admissibility
d. Consensual admissibility
148. It is a type of evidence where the court
uses a fact from which an assumption is
drawn
a. Direct evidence
b. Presumption of fact
c. Circumstantial evidence
d. Materiality of evidence

Problem No. 3

A pair of short pants allegedly left by a at the

crime scene and which, over the objection of A,
required him to put on and when he did it, the
same fit him well.

149. A was accused of having raped X. the

evidence is
a. Admissible as circumstantial
b. Admissible as direct evidence
c. Inadmissible as a violation of the
accused rights against self –
incrimination
d. Inadmissible as it is inconclusive
evidence
150. From the given in problem # 3, the
evidence is
a. Sufficient to support a conviction
b. Not sufficient to support a conviction
c. Does not establish probable cause
d. Deprives the accused his right to be
informed of the accusations against
him
-END OF EXAM-

PREPARED BY:

MEO J. MALLORCA
Faculty-in-Charge

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