EVIDENCE SECOND EXAM

1. When a witness states that he did not see or know the fact, the statement is
called

A. Neutral Evidence
B.Positive Evidence
C. Negative Testimony
D. Positive Testimony

2. One of the requisites of Judicial Notice is that it is of

A. Common Knowledge
B. Judicial Knowledge
C. Individual Knowledge
D.None of these

3. X sold to Y a car, however, in the contract of Sale both parties failed to

reflect the amount of sale. Can the X present evidence outside in the contract
to prove the amount paid?

A.Yes, there is failure of the agreement to put the amount of sale

B.No, the presentation of evidence not found in contract violates Parol
Evidence
C.Yes, there is intrinsic ambiguity in the contract
D.Yes, there is failure of the agreement to express their intention

4. s is considered as the best and highest proof of evidence in court.

A. Object Evidence
B. Documentary Evidence
C. Testimonial Evidence
D. All of the above

5. Alex testify that once in a birthday party while the music is very loud at that
time, which called that the accused that he owes him a million debt, but the
latter failed to make comment. What do you called the said statement?

A. Admission by silence
B. Non-prejudicial to him
C. Admission by a third person
D. No inference can be made because the place was very noisy

6. X dies and left behind a sum of money borrowed by Y, when X was still
alive. His administrator files a case against the debtor to recover the Money.
Can the administrator recover the money?
A. No, the claim is prohibited under the Dead Man
B. Yes, the claim is not against the estate of X but in favor the estate
C. Yes, the claim is not directed against the estate of X but to Y
D. No, the claim is not against the administrator but to X

7. In the case above, Harry will testify in favor of Boy. Can Harry testify?

A.No, his testimony does not involved testimony

B. Yes, his testimony will favor Boy, who claims against the deceased.
C.Yes, he has no claim against the estate Alex he merely acts as witness.
D.

8. When a witness affirms that a fact did or did not occur is called

A. Positive Evidence
B. Negative Evidence
C. Positive Evidence
D.

9. Alex was arrested for the estafa, he admitted that Mr. Xander is a partner to
the scheme. What type of admission is this

A. Admission by a partner
B. Res Inter Aluis Acta Rule I
C.Admission by party
D.Admission by a co- conspirator

10. One of the exceptions to the best evidence rules is that

A. Intrinsic ambiguity
B. Mistake
C. Lost
D. Imperfection of the written agreement

11. Refers to a question of whether or not it proves an issue.

A. Probative value
B. Admissibility
C. Material
D. None of these

12. A child was compelled upon to testify as to how the rape was committed
against her by his accused father. Can the child be compelled to testify?

A. Parental Privilege
B. Exception to the Filial Privilege
C. Marital disqualification rule
D. Filial privileged

13. Axel was charged with illegal possession of prohibited drugs, during his
testimony he was asked who owner drugs found in his house is. Axel testified
that his wife owned the drugs. If the wife is called upon to testify, can the wife
invoked inadmissibility on the ground of Marital Disqualification Rule?

A. No, the drugs is not covered by the privileged

B.Yes, object like drugs is covered by the privileged
C. No, the wife is not a party to the case
D. None of these

14. Is considered the best and the highest proof of evidence.

A. Document evidence
B. Testimonial Evidence
C.Object Evidence
D. Best Evidence Rule

15. Husband was charge of murder. Prior to his arrest he communicated to

his wife the names of the mastermind of the killing. During the testimony of
the Husband he called his wife to testify as to what he told him. Can the wife
testify?

A.No, the wife can refuse to testify, Priv Comm, Between husband and wife.
B.Yes, the privilege is waived when he call his
C.Yes, she can refuse to testify on the ground self incriminating testimony in
violation of his rights.
D.

16. It is a declaration made by the victim hours before his death which point to
the accused as the one who killed him.

A. Ante Mortem Statement

B. Statement in Articulo Mortiis
C. Dying declaration
D. All of the above

17. A child, 7 years of age is called upon to testify, as to how his father
allegedly killed his mother. What if child refused to testify, what is his ground
for not testifying?

A. Parental Privilege
B. Mental Maturity
C.marital Communication Rule
D. Filial Privilege

18. a slander case, a witness is called upon to testify as how the slanderous
remark was made, which the latter overheard from another witness. Can the
said Witness testify?

A. No, the testimony is inadmissible as hearsay

B. Yes, the testimony does not refer to the truth or falsity of the statement but
the tenor
C.No, that is double hearsay under the law
D.None of these

19. A party admitted that he killed the victim during the arrest. What do you
call the statement?

A. Admission
B. Judicial Confession
C. Extra-judicial Confession
D. Judicial Admission

20. Accused during arrangement was asked by the court what is his plea, and
the accused refused to answer and remain silent. His silence is considered
under the law as

A. Admission by silence
B. Non-prejudicial to him
C. Admission by Third person
D. None of these

21. Can a disbarred lawyer now divulge the communication to the authorities
regarding the crime his client committed?

A. Yes, this time around he is not anymore a lawyer the privilege covers only
lawyers.
B. No, the communication lies forever
C.No, the communication is not privilege being documentary.
D.

22. Cruz an ordinary individual pretended to be lawyer was approached by

Bart, the latter give the Cruz information as how he commit the charged of
estafa against him. This time, Cruz will testify against Bart as to the
information given to him by the latter in an estafa case. Can the Cruz testify?
A. Yes, there is no Attorney-Client P.C., Cruz is not a lawyer
B.No, the privilege attached including to impostors whom Bart through as a
Lawyer
C.Yes, there is a negligence on the part of Bart by giving information to non-
lawyer; hence, he is bound by his mistake
D.

23. A witness is called upon to testify as the existence of a contract.

However, he presented a photocopy for he cannot produce the original
because as alleged, the same is in the possession of the opposing party to
the contract, What should the court do?

A. Disallow the secondary evidence

B. Give the other party time to produced the original
C. Accept the photocopy as judicial notice
D. Let the witness testify as exception to the BER

24. This is considered under the law as secondary evidence.

A. Copy of the contents

B. Recital of contents in some authentic document
C. Testimony of witness to the document
D.All of the above

25. A confession of a man which is not sufficient on the ground for conviction
corroborated by evidence corpus delicti, what do you calls this statement?

A. Admission
B. Judicial Confession
C.Extra-judicial Confession
D. None of these

26 .X is called upon in the witness stand to testify as to the shooting incident

where he is present. However at the time of the incident he was insane. Can
X testify?

A.No, he is incompetent for being insane at the time of the incident

B.Yes, he is competent because he is insane this time
C.No. he is incompetent because he cannot recall the incident being insane
at the time
D.Yes, as long that he is not convicted of a crime involving dishonesty
27. Andrei bought a property to Max, and Max bought the same to Susan, a
partner in a partnership. Can Susan testify as previous owner on the property
bought to Max, which is now a subject of a case?

A. Yes, as a co-partner
B. Yes, as partner in a partnership
C.Yes, as privies to the property
D. None of these

28. Xerxes entered into a transaction with Canoy as agent of Leonidas.

However Leonidas died. This time Xerxes file a claim against the estate of
Leonidas calling his agent Canoy to testify. Can Canoy refused to testify?

A.No. the testimony of Canoy involves claims of the estate of Leonidas

B.Yes. the agent of Leonidas can affirm or deny the existence of the
transaction
C. No irregardless as to who entered the transaction the testimony will
involved claim against the estate of Leonidas
D.None of these

29. A doctor is called upon to testify on the dreaded disease suffered by the
patient-deceased in a case of division of the latter's estate. Can the doctor
testify?

A. Yes, the case is not a civil case

B. Yes. the privilege is extinguished if the patient dies
C.No. because of PC-Physician-Patient
D.No, the case is a civil case

30. Intrinsic ambiguity means the words is capable of

A. Two or more meaning

B. Understood in more than one way
C. Refers to two or more things at the same time
D.All of the above

31. The husband is called upon to testify as to how he witness the adultery
committed by the wife. Can the husband testify?

A. No, the testimony will destroy the harmony of marriage

B.Yes, as long as there is consent coming from the wife
C.No, the testimony violates the Marital Communication Rule
D.Yes, this is one of the exceptions of the Marital Disqualification Rule

32.Documentary evidence consists of

A. Writing to prove its contents

B. Materials containing letters and symbols
C. Existence and condition of the document
D. Both A and B

33. One of the exception to the Parol Evidence is that

A. Original is lost
B. Mistake of the agreement
C. Original is a public record
D. Original is in custody of the opposing party

34. A child was compelled upon to testify as to how the rape was committed
against her by his accused father. What if in this case it involves a parricide
case? The child is willing to testify that her father is the one who killed her
mother. What is the ground of the child's disqualification?

A. Parental Privilege
B. Exception to Marital Disqualification Rule
C. Filial Privilege
D. Marital Communication Rule

35. Bart in prison sends Carl, a friend, documents to Atty.Cruz. Carl told Atty.
Cruz about the contents of the documents involving the case of estafa
committed by Bart. Can Atty Cruz testify as to the contents of the documents
handed to him by Carl?

A. No, because, the communication covers documents irregardless who gave

the document/communication to the lawyer
B. Yes, Carl is not a client but merely an agent of Bart. The prospective client.
C. No. money is documentary evidence the Attorney-Client P.C. covers only
testimonial .
D.None of these

36. Four witnesses is called upon to testify as to shooting incident and they
categorically denied that the accused is the one who shot the victim. On the
contrary, in a CCTV camera accused was shown as the person who shot the
victim. Between the two set of evidence which should be given weight.

A.The testimony being conclusive evidence

B.The video in the CCTV as the highest degree of evidence
C.Both are conclusive evidence, hence, both should be given weight
D.Both has no relevance the issue on the who shot the victim

37.Judicial admission is one made of

A. Outside of court
B. In a judicial proceedings
C. With common knowledge
D. Admission of guilt

38. Alex presented evidence, that prior to the commission of estafa he and
Mr. Xander are friends and had a long been planning the scheme to defraud
the victims. What do you call the admission?

A. Admission by a partner
B. Res Inter Alius Acta Rule
C. Admission by a privy
D. Admission by an agent

39. A declaration by a man as to the surrounding on his death, made not

under the consciousness of an impending death is admissible as

A. Declaration against interest

B. Dying declaration
C. Part of Res Gestae
D. None of these

40. Elsa 21 years of age., she is insane when the incident of rape happens,
and when she is called to testify she is now totally sane. Can she testify?

A. No, she is incapacitated by insanity

B. Yes, she is not anymore insane at the time she case is called to testify
C.No, she is insane at the time when the incident happens which is the
subject of the case
D.Yes, as long as she possessed all the qualification as a witness

41. W died and left behind a Will giving a parcel of land to his only son. It
turned out that w has no son butt only a daughter. Can the daughter present
evidence to prove that she is the one referred to in the will as daughter
instead of son.

A.Yes, this is the case of a mistake, an exception to the Parol Evidence

B.No, this is the case of extrinsic ambiguity violative to the Parol Evidence
C.Yes, this is a case of intrinsic ambiguity an exception to the Parol Evidence
D.Yes, this is a case of imperfection an exception to the Parol Evidence

42. Judicial Notice is discretionary when it is

A. 0f public knowledge
B. Capable of questioned document
C. Known by the judges by reason of their function
D. All of the above
43. Judicial Admission can be made in the

A. Pleadings
B. Trial
C. Course of the proceedings
D. All of the above

44, In a rape case, accused admitted before the court that he and the victim
are lovers, and that there was no rape because carnal knowledge was
mutually consented to. What do you call this statement?

A. Admission
B. Judicial confessions
C. Extra-judicial Admission
D. Extra-judicial Confession

45. Attorney Cruz is a real lawyer, and Bart handed, to him money as Attorney
fees, which the latter obtained in the perpetration of estafa, If Atty, Cruz will be
asked where is the money? Is that covered by the
privilege?

A.No, money is documentary evidence the Attorney-Client P.C. covers only

testimonial.
B.Yes, otherwise Atty. Cruz can be held liable for accessories of estafa for
keeping the money obtained fraudulently by Bart, and included in the privilege
C.Yes, this involves a communication not in a relation to the crime.
D. .

46. Three of the choices are qualifications of a competent witness. Find

choice that is not part of the qualification of a competent witness.

A. Capacity to observe
B. Capacity to recollect
C. Capacity to be impartial
D. Capacity to communicate

47. A wife is called upon to testify in favor of his husband in a falsification of

document case. Can the wife testify?

A.Yes, the testimony will not destroy the harmony of marriage

B.Yes, there is consent coming from the husband that she will testify
C.No, the testimony violates the Marital Communication Rule
D.No, the testimony is violates the Marital Disqualification Rule

48. Documentary evidence is produce in court to

A. Prove its contents

B. Prove its condition
C. Prove its existence
D. All of the above

49. Boy entered into a loan with Alex in presence of Harry as witness. Alex
dies thereafter. This time Boy was called upon to testify about the loan
incurred by Alex while he is still alive. Can Boy testify?

A.Yes, he has the right to prove his claim as incurred by Alex

B.No, his testimony is covered by the Dead
C.No, his testimony does not involved claim against the estate of the
deceased Alex.
D.

50. Anna 21 years of age with mental retardate is called upon to testify on the
circumstances of how rape was committed against her. Can she testify under
the law?

A. No, she is suffering a mental incapacity

B.Yes, as long as she possessed all the qualification as a witness
C.No, she do not know what is rape
D.Yes, as long as he has personal knowledge