NAME:

ENCIRCLE THE LETTER OF YOUR CHOICE. NO ERASURES

A and B who are brother-in-laws, are also mortal enemies. One time, A threatened to kill B. A
has a common reputation of being a killer. One night in a lighted place, A suddenly stabbed B
from behind. Before A could escape, B was able to identify him. As B lay wounded, SP01
Mahabagin responded and to whom B pointed to A as the one who attacked him. SP01 arrested
B on the basis of such declaration.

78. Based on situation # 2, which of the following best describes the statement of A?
A. Circumstantial
B. Corroborative
C. Hearsay
D. Direct

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

81. In the foregoing case, B’s statement identifying A as his assailant may not be considered
a dying declaration because:
A. B’s death is indispensable
B. The declaration was not written
C. No mention was made that B’s wound was fatal
D. B has a grudge against A

62. In what instance can alibi (the weakest defense) acquire commensurate strength in
evidential value?
A. when it changes the burden of proof
B. when evidence for the prosecution is strong
C. where no positive and proper identification has been satisfactorily made
D. when questions on whether or not accused committed the offense is clear

58. What rule is observed when generally, there can be no evidence of a writing, the
contents of which is the subject matter of inquiry
A. secondary evidence
B. parole evidence
C. corollary evidence
D. best evidence

49. What is that statement made by a wounded person shortly after he received several bolo
stabs narrating therein the whole incident to another which is admissible in evidence as part of
A. res nullus
B. res ipsa loquitur
C. res judicata
D. res gestae

47. What is the means sanctioned by the rules of ascertaining in a judicial proceeding the
truth respecting a matter of fact?
A. Evidence
B. Procedure
C. Investigation
D. Trial

36. In case of oral defamation, where the priest is the only available witness, can a priest
testify as to the alleged defamatory words given to him by the accused during confession?
A. privilege given by a patient to a doctor
B. privilege given to a husband to a wife
C. privilege communication given to an attorney by a client
D. privilege communication given by a penitent to a priest

31. When is evidence presented in court for admissibility considered relevant to the issue?
A. when it is not excluded by the rules
B. when it has direct bearing and actual connection to the facts and issue
C. when it is not repugnant in taste
D. when it is not immoral

22. Exemption to the hearsay rule made under the consciousness of an impending death.
A. Parole Evidence
B. Ante-mortem statement
C. Dean man statute
D. Post mortem statement

15. The probative value or credit given by the court to a particular evidence
A. Preponderance of evidence
B. Evidentiary fact
C. Ultimate Fact
D. Weight of Evidence

16. Which among the following may disqualify a witness

A. Capacity of observation
B. Capacity of recollection
C. Capacity of Knowledge
D. Capacity of communication

17. That kind of evidence which cannot be rebutted or overcome

A. Primary
B. Real
C. Best
D. Conclusive

13. Logical necessity which resists upon a party at any particular time during the trail to
create a prima facie case in his own favor or to overthrow one created against him.
A. Res gestae
B. Burden of Evidence
C. Burden of Proof
D. Estoppel

11. Obligations imposed upon a party to establish their alleged fact by proof are termed as
"burden of proof" what is its Latin translation?
A. Factum probans
B. Factum probandum
C. Owe probandi
D. Owes probandi

12. Can a husband testify against the wife in an adultery case?

A. yes, the privilege of marital communication rule is already abolished
B. yes, under the law she is a competent witness
C. no,she is incompetent as a witness
D. yes, because crime charge is one committed by the wife

7. Refers to family history or descent transmitted from one generation to another

A. Pedigree
B. Inheritance
C. Tradition
d. Heritage

8. What kind of presumption involves the mental process by which the existence of one fact
is inferred from proof of some other facts?
A. Conclusive
B. of law
C. Disputable
D. of fact

4. A person who gives testimonial evidence to a judiciary tribunal

A. Witness
B. Defense
C. Prosecution
D. Clerk of Court

1. A kind of evidence which shows that a best evidence existed as to the proof of the fact is
in question
A. Real Evidence
B. Secondary Evidence
C. Best Evidence
D. Res gestae

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

A. Primary
B. Best
C. Secondary
D. Conclusive

71. These questions suggest to the witness the answers to which an examining party
requires.
A. leading
B. misleading
C. stupid
D. hearsay

46. All persons who can perceive and perceiving, can make known their perception to
others.
A. Suspects
B. witnesses
C. victims
D. informers

42. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain

the proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence

43. A form of evidence supplied by written instruments or derived from conventional

symbols, such as letters, by which ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence