Law on Evidence Final Exam

I. IDENTIFICATION
1. The means sanctioned by the rules of ascertaining in judicial proceedings the truth
respecting a matter of fact.
2. That which is directly addressed to the senses of the Court and consist of tangible this
exhibited or demonstrated in open court.
3. Evidence which is supplied by written instruments or derived from conventional symbols.
4. A kind of evidence which is submitted to Court through testimony or deposition of
witness.
5. Requirements of admissibility of evidence?
6. Means that the evidence is not disqualified or excluded by the law.
7. When the subject of an inquiry is the content of a document, no evidence is admissible
other the original of the document itself.
8. When the terms of an agreement is reduced into writing, it is considered to have
contained the terms agreed upon by the parties and no evidence is admissible regarding the
terms and conditions of the agreement other the content of the said document.
9. What are the two basic qualification of a witness?
10. Evidence taken in violation of a person’s Constitutional Rights.

II. TRUE OR FALSE

1. In Criminal Case and offer of compromise may be taken as evidence to prove implied
admission of guilt.
2. Admission of a partner in a partnership can be considered as admission of the other
partners.
3. Admission of a co-conspirator may be used as evidence against his co-conspirator.
4. An admission made by a criminal to his friend who is a police officer may be used as
evidence against him although he was not represented by a lawyer when the admission was
made.
5. CCTV footages may not be used as evidence because it will violate the Anti-Wire
Tapping Act.
6. Police officers cannot compel a suspect to give sample of his hair to determine if his
DNA will match the DNA of the perpetrator.
7. Husband cannot testify against his wife in an estafa case filed against her.
8. Husband cannot testify against his wife in a case for Violation of RA 7610 for allegedly
beating their common children.
9. Person with Down syndrome cannot testify in Court.
10. Evidence is the means sanctioned by the rules in order to ascertain the truth respecting
a matter of fact in a judicial proceeding.

III. ESSAY

On his way to the PNP Academy in Silang, Cavite on board a public transport bus as a
passenger, Police Inspector Masigasig of the Valenzuela Police witnessed an on-going armed
robbery while the bus was traversing Makati. His alertness and training enabled him to foil the
robbery and to subdue the malefactor. He disarmed the felon and while frisking him, discovered
another handgun tucked in his waist. He seized both handguns and the malefactor was later
charged with the separate crimes of robbery and illegal possession of firearm.

(A) Where should Police Inspector Masigasig bring the felon for criminal processing? To Silang,
Cavite where he is bound; to Makati where the bus actually was when the felonies took place; or
back to Valenzuela where he is stationed? Which court has jurisdiction over the criminal cases?

(B) May the charges of robbery and illegal possession of firearm be filed directly by the
investigating prosecutor with the appropriate court without a preliminary investigation?