For June 25, 2016 (MU)

1. What is evidence?[1]
2. When may evidence be admissible?[2]
3. What is the scope of the rules of evidence?[3]
4. What is the purpose of evidence as a rule?[4]
5. What is relevant evidence?[5]
6. Classify evidence according to its nature or form.[6] 3 points.
7. Distinguish evidence from proof.[7]
8. Are evidence on collateral matters allowable? Explain.[8]
9. How is evidence classified according to its relation to the fact in
issue? [9] Explain.
10. What is the quantum of evidence required in forfeiture cases under
under RA 1379?[10]
11. Distinguish positive evidence from negative evidence.[11]
12. Distinguish relevant evidence from competent evidence.[12]
13. A walked in the B. S. Ong Street. While walking, the police stopped
and ordered him to remove the contents of his pockets. Out of fear, A
obeyed and recovered were three sachets of shabu. he was prosecuted
for violation of Section 11, Article II of RA 9165. (a) Are the three
sachets of shabu relevant evidence?[13] Explain. (b) Are the three
sachets competent evidence?[14] Explain.
14. Distinguish prima facie evidence from conclusive evidence.[15]
15. Ong was granted Filipino citizenship by the RTC. On appeal, due to
the opposition of the OSG, the CA reversed the RTC because of, among
others, Ongs (1) failure to state all the names by which he is or had
been known; (2) failure to state all his places of residence in violation
of C.A. No. 473; (3) failure to conduct himself in a proper and
irreproachable manner during his entire stay in the Philippines, in
violation of Sec. 2; (4) absence of known lucrative trade or occupation
and his previous incomes have been insufficient or misdeclared, also in
contravention of Sec. 2. In support to its opposition, the OSG attached
documents which were not presented at the trial court. Issue: Since
under Section 4 of Rule 132 of the Rules of Court, it is provided that
the court shall consider no evidence which has not been formally
offered, was the CA correct in reversing the RTC?[16] Explain.
16. Is the rule on res judicata applicable to naturalization cases?[17]
Explain.

17. Distinguish factom probandum from factom probans.[18]

18. Jose stabbed to death Mario on February 3, 2013. Ben witnessed
the incident and he testified on what he saw. After Bens testimony, the
prosecution rested its case. Will Jose be convicted?[19] Explain.
19. Hector boxed Rene on February 3, 2013. Rene filed a case of
physical injuries against Hector. Rene was the only witness. Can Hector
be convicted?[20] Explain.
20. When may evidence admissible?[21]
21. When may evidence relevant?[22]
22. Distinguish between relevant and material evidence.[23]
23. What are the circumstances where the courts mandatorily take
judicial notice of?
24. The Information charged A with the crime of theft committed
yesterday. The Information also indicated that A was 14 years old the
other day. The counsel for the accused moved for the dismissal of the
case invoking RA 9344 or the Juvenile Justice Law. The court denied
the motion reasoning that there was no proof that A was indeed 14
years old for lack of a birth certificate. Was the court correct?[24]
Explain.
25. When may the courts take judicial notice of any matter or
situations?[25] Explain.
26. Define: (a) Object evidence,[26] (b) Documentary evidence.[27]
27. When the subject of inquiry is the contents of a document, no
evidence shall be admissible other than the original document itself.
What are the exceptions to this rule?[28] Enumerate.
28. What are considered as originals of a document?[29] Enumerate.
29. When the original document has been lost or destroyed, or cannot
be produced in court, what will the offeror do?[30] Explain.
30. What will be done in order that secondary evidence be presented
when the original of the document is in the possession of the adverse
party?[31] Explain.
31. What do you understand by the terms best evidence rule?[32]
32. Do you consider pleadings filed via fax machines originals?[33]
Explain.
33. What is original document?[34]
34. Len caused to be identified by Nel a document of sale marked as
exhibit A. it was adopted by Nes, the defendant. Len did not offer

exhibit A. Nes filed a motion to compel Len to offer said exhibit. The
court granted the motion. Was the court correct?[35] Explain.
35. A blank deed of sale was machine-copied thereafter it was filled up
and signed by the parties. Do you consider the document original?
Explain. 2 points.
36. Alpha filed a Petition for correction of entry in his birth record.
Instead of presenting the Local Civil Registrar to testify on authenticity
of his birth record, he merely presented a certified copy of the same
from the Philippine Statistics Office. The Petition was granted by the
court. Was the court correct?[36] Explain.
37. Bravo called Charlie to testify and identify his affidavit and marked
it as exhibit A. After hearing, Bravo did not offer exhibit A. Do you
think Bravo was correct?[37] Explain.
38. D alleged in his complaint that F had already sold to him a parcel of
land. F denied to have sold the land. D presented as evidence a
machine copy of the deed of sale duly stamped certified true copy
from the original. The court did not admit the evidence. Was the court
correct?[38] Explain.
39. Bearing in mind the distinction between private and public
document, which of the following is admissible in evidence without
further proof of due execution or genuineness?[39] (A) Baptismal
certificates. (B) Official record of the Philippine Embassy in Singapore
certified by the Vice- Consul with official seal. (C) Documents
acknowledged before a Notary Public in Hong Kong. (D) Unblemished
receipt dated December 20, 1985 signed by the promisee, showing
payment of a loan, found among the well-kept file of the promissor.
40. Preceding problem. What if the certification was issued by the ROD,
will your answer be the same?[40] Explain.
41. Elen sued Ben for sum of money under a promissory note a Xerox
copy of which was attached to the complaint. Ben denied his liability.
Elen, during the first day of trial for the reception of her evidence,
presented the machine copy of the promissory note and marked the
same as exhibit A. The court did not admit the evidence rationalizing
that it violated the best evidence rule. Was the court correct?[41]
Explain.
42. When may secondary evidence admissible?[42]
43. What is parol evidence rule?[43]
44. What is the time-honored rule of evidence as regards an
agreement reduced to writing?[44] Explain.
45. How to interpret the legal meaning of the language a written
instrument?[45] Explain.

46. A agreed to sell to B his lot in Iligan City for a consideration of

P900,000. However, A has two lots in Iligan but their contract of sale
did not expressly identify the lot. A lot has an area of 900 square
meters located in Dalipuga, about 07 kilometers from the City proper,
while B lot has an area of 2000 square meters located near the
Robinsons Mall. Can B demand that A deliver to him B lot near the
Robinsons?[46] Explain.
47. At the trial of M for violation of the dangerous drugs act, the
prosecution offers in evidence a photocopy of the marked P200-peso
bills used in the buy-bust operation. M objected to the introduction of
the photocopy on the ground that the best evidence rule prohibits the
introduction of secondary evidence in lieu of the original. (a) Is the
photocopy real (object) evidence or documentary evidence?[47]
Explain. (b) Is the photocopy admissible in evidence?[48] Explain.
48. At about 10:15 oclock in the morning, the police was informed of
the presence of a marijuana plantation. At 5:00 AM the following day, a
police team, accompanied by the informer, left for the site where the
marijuana plants were grown. After a 3-hour uphill trek from the
nearest barangay road, they arrived at the place and found accused in
his nipa hut. They looked around the unfenced kaingin and saw 7
five-foot high marijuana plants planted approximately 25 meters from
his hut. Are the marijuana plants admissible in evidence?[49] Explain.
49. Is the plain view doctrine applicable in the preceding problem?[50]
Explain.
50. What is intrinsic (latent) ambiguity of a document?[51]
51. If latent ambiguity exists, will parol evidence be admissible?[52]
Explain.
52. Which will prevail in a contract, the printed words or the
handwritten words?[53] Explain.
53. What is meant by extrinsic or patent ambiguity of a document?[54]
54. Based on the preceding
admissible?[55] Explain.

problem,

will

parol

evidence

be

55. Chose the best answer. Parole evidence is an:[56] (a) agreement
not included in the document; (b) oral agreement not included in the
document; (c) agreement included in the document; and (d) oral
agreement included in the document.
56. May a vendee introduce parol evidence that a deed of absolute sale
of land was subject to the suspensive condition that the vendor would
first obtain a right of way to the land?[57] Explain.
57. What is object evidence?[58]
58. What are the classifications of object evidence?[59]

59. What do you understand by the terms chain of custody of object

evidence?[60] Explain.
60. What shall the apprehending team having initial custody and
control of the drugs do immediately after its seizure?[61] Explain.
61. Will non-compliance with S21, Art. II of RA 9165 render void the
seizure of and custody over drugs?[62] Explain.