a. He is a person who can perceive and perceiving.

b. He is a person who can make known his perception to others.

c. He must have taken either an oath or an affirmation.
d. He must possess the disqualifications imposed by law or the rules.

20. What is the effect when mental unsoundness of the witness at the time the fact to be testified occurred
with respect to his competency and his credibility?
a. The occurrence of mental unsoundness affects his credibility alone.
b. The occurrence of mental unsoundness affects his competency alone.
c. The occurrence of mental unsoundness affects either his competency or his credibility.
d. The occurrence of mental unsoundness affects both his competency and his credibility.

21. Are deaf-mutes competent witnesses?

a. No, deaf-mutes are incompetent witnesses
b. Yes, if they can comprehend facts they are not going to testify on.
c. Yes, if they can understand and appreciate the sanctity of an oath.
d. Yes, if they can communicate their ideas through an unqualified interpreter.

22. Which of the following is true about disqualification by reason of privileged communication?
a. The holder of the privilege, authorized persons and persons to whom privileged
communication were made can assert the privilege.
b. The disqualification always applies to both civil and criminal cases.
c. The privilege cannot be invoked where confidential information has been made in
contemplation of death or in furtherance or perpetuation of fraud.
d. Unless waived, the disqualification remains even after the various relationships therein have
ceased to exist.

23. The following cases are not covered by the dead man statute, EXCEPT?
a. Testimony of mere witnesses who are either party plaintiffs, or their assignors, or persons in
whose behalf a case is prosecuted, or to a nominal party, or to officers and stockholders of a
plaintiff corporation.
b. If the person or persons mentioned under the rule file a counterclaim.
c. Where the deceased contracted with the plaintiff through an agent and said agent is alive
and can testify, but the testimony of the plaintiff should be limited to acts performed by the
agent.
d. Land registration cases instituted by the deceased’s representative, where the oppositor is
considered as defendant or in cadastral cases where there are no oppositors.

24. Which is a requisite for the application of the physician-and-patient privileged communication?
a. The action is either civil case or criminal case.
b. The relation of physician and patient existed between the person claiming the privilege or
his legal representative and the physician.
c. The advice or treatment given by him or any information was acquired by the physician
while casually attending to the patient.
d. The information was unnecessary for the performance of his professional duty.

25. The following is true about priest-and-penitent privileged communication, EXCEPT?

a. The confession must have been made to the priest in his professional character according to
the discipline of the church to which the priest or minister belongs.
b. Even if the communication is not penitential in character as when what is divulged is the
plan to commit a crime, the privileged communication still applies.
c. Communications made must be confidential and must be penitential in character e.g., under
the seal of the confessional.

Law on Evidence: MCQ’s and Essay Q’s with Suggested Answers

Compiled by Benj Hernandez Jr. (Remedial Law Review – Evidence Group - PCU-Law Batch 2013) Page 5