Test Drill in CRIMINAL EVIDENCE

1. Reasonable ground of suspicion supported by circumstances sufficiently strong in themselves as to

warrant a reasonable man in believing the accused to be guilty. Act must be done in good faith.
A. Beyond reasonable doubt B. Burden of proof C. Probable Cause D. Prima facie evidence

2. Circumstantial evidence is sufficient for conviction if..

A. there is more than one circumstance
B. the facts from which the inference as derive are proven
C. the combination of all the circumstances is such as to produce conviction beyond reasonable doubt
D. all of the above

3. The uncertainty exist not on the face of the instrument is..

A. intrinsic ambiguity B. latent ambiguity C. extrinsic or patent ambiguity D. letters A and B

4. The uncertainty appears in the face of the instrument.

A. intrinsic ambiguity B. latent ambiguity C. extrinsic or patent ambiguity D. A and B

5. Duty of the party to present evidence on the facts in issue necessary to establish his claim or defense by
such amount of evidence required by law.
A. burden of evidence B. burden of proof C. burden of presumption D. both A and B

6. Subject to rebuttal under circumstances legally permissible.

A. quasi- conclusive presumption B. disputable presumption C. conclusive presumption D. procedural presumption

7. That which the law permits to overcome or contradicted by proofs to the contrary.
A. quasi- conclusive presumption B. disputable presumption C. conclusive presumption D. procedural presumption

8. Those suggest to the witness the answer which the examining party desires.
A. cross-examination B. misleading questioned C. leading question D. direct examination

9. A plea of having been, at the alleged time of commission of an act, elsewhere than that at alleged place of
commission; it is the state of having been elsewhere. A. alibi B. proof C. doubt D. res gestae

10. Literally means “the things done”. A. alibi B. proof C. doubt D. res gestae

11. Represent occurrences and events, speaking for themselves through instinctive and spontaneous words or
acts of the participants. A. alibi B. proof C. doubt D. res-gestae

12. Rule which require, in the absence of the showing of fraud, mistake or accident, the exclusion of intrinsic
evidence by which a party seek to contradict, vary, add or subtract from the terms of valid agreement or
instrument. A. evidence rule B. parol evidence rule C. best evidence rule D. general rule

13. Outside evidence which is introduce to prove a fact not appearing in the face of the document.
A. evidence aliunde B. evidence paroli C. evidence res gestae D. evidence ambutnae

14. One declared by the court upon showing the adverse interest, unjustified reluctant to testify or his having
missed the party who calling him in the witness stand.
A. hostile witness B. adverse witness C. unwilling witness D. both A and B

15. Process of cross examining a witness upon point of prior contradictory statements by first laying ground
upon cross-examination, and if denied by witness, then by introducing evidence of contradictory statements
to impeach him. A. laying the predicate B. laying the suspect C. laying the subject D. both B and C

16. Where the facts in the writing could only have been known by the writer.
A. rule of authentication by adverse party C. doctrine of self-authentication
B. prove authenticity D. genuineness of handwriting

17. Probative value which the court gives to part of evidence admitted.
A. admissibility of evidence B. weight of evidence C. admissible evidence D. competent evidence

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18. Essence/Characteristic feature of evidence to make it worthy of consideration by court before its
admission. A. preponderance B. weight of evidence C. admissible evidence D. competent evidence

19. Matters that need not be proven, except. A. facts of judicial notice B. facts judicially admitted
C. facts which the law considers conclusive upon party. D. facts of territoriality

20. Factum Probandum means.. A. ultimate facts sought to be established C. facts with probative value
B. evidentiary facts by which the ultimate facts is to be established D facts with probable cause

21. The following characters are admissible in criminal cases, except.

A. accused may proud his good moral character pertinent to the moral trait involve in the offense
B. unless in the rebuttal, the prosecution may not prove his bad moral character
C. evidence of moral character of party is admissible only when pertinent to issue of character involve in case.
D. good or bad character of the offended party may be proved if it tends to establish the probability or the
improbability of offense charged.

22. When the witness lied in one part of his testimony, he also presumed to have lied to the next of his testimony.
A. evidence alliunde B. res gestae C. falsus in uno falsus D. alibi

23. An evidence is deemed relevant when..

A. it has relation to the fact in issue as to induce belief in its existence or non-existence.
B. it is not excluded by the law or rules of court.
C. it is material and has probative value.
D. Letters A and C.

24. Evidence is admissible when it is relevant to the issue and is not excluded by the rules on..
A. Real evidence C. Admissibility of evidence
B. Secondary evidence D. Relevancy of evidence

25. Is that which is not excluded by the law as tending to prove a fact in issue.
A. material evidence C. direct evidence
B. relevant evidence D. competent evidence

26. It is that possession of characteristics that qualify a witness to observe, recall, and testify under oath and
personal qualification of the witness to give testimony which differs from the witness ability to tell the truth.
A. WITNESS EXCLUSIONARY C. WITNESS COMPETENCY
B. WITNESS RELEVANCY D. WITNESS PROBATIVITY

27. A.k.a. ante-mortem statement, it is a statement made just prior to death with the knowledge of impending
death. A. HOLOGRAPH C. RES GESTAE
B. PRIVY D. DYING DECLARATION

28. A test emphasizing that the subject of an expert witness' testimony must conform to a generally accepted
explanatory theory. A. Ahmvot Test C. Daubert Test
B. Frye Test D. Wigmore’s Axiom of Admissibility

29. Factum probans means.. A. preponderance of evidence C. evidentiary fact

B. ultimate fact D. sufficiency of evidence

30. Real or object evidence is authenticated by showing..

A. who owns it. C. how the evidence got to court.
B. that it is what it is claimed to be. D. similar or like objects.

31. A private electronic document's authenticity may be received in evidence when it is proved by..
A. evidence that it was electronically notarized.
B. evidence that it was digitally signed by the person who purportedly signed the same.
C. evidence that it contains electronic data messages.
D. evidence that a method or process was utilized to verify the same.

32. A private document may be considered as evidence when it is sequentially..

A. marked, identified, authenticated. C. marked, identified, authenticated and offered in evidence.
B. identified, marked and offered in evidence. D. marked, authenticated and offered in evidence.
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33. A person walks into a police station and declares that he has committed a crime before the police could
take him into custody. May his declaration be admitted against him?
a. No, since he has not been forewarned of his rights to silence and to counsel.
b. Yes, since he made his declaration before he could be taken into custody and investigated.
c. No, since he has entered the police station and came within its jurisdiction.
d. Yes, since he freely gave his declaration to the police.

34. Immediately after the witness had been sworn in to testify, without any formal offer of his testimony,
Atty. Bokney started asking questions on direct examination to the witness. The court may still consider his
testimony if the.. a. formal offer is done after the direct testimony.
b. opposing counsel did not object.
c. witness is an expert witness.
d. opposing counsel offered to stipulate on the testimony given.

35. 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 c. material evidence
b. testimonial evidence d. real evidence

36. It is evidence of the same kind and to the same state of facts.
a. cumulative evidence c. corroborative evidence
b. prima facie evidence d. best evidence

37. A standard for determining the reliability of scientific expert testimony in court currently adopted by
many jurisdictions. Five factors are utilized to assess the scientific theory or technique, namely: testing of
theory, use of standards & control, peer review, error rate, and acceptability in the relevant scientific
community. A. Tes Test C. Daubert Test
B. Ahmvot Test D. Frye Test

38. Proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence, or an information offered by witnesses who testify about their own
knowledge of the facts. A. AUTOPTIC EVIDENCE C. CONCLUSIVE EVIDENCE
B. BEST EVIDENCE D. DIRECT EVIDENCE

39. Correctly complete the sentence: A lone witness..

A. is credible only if corroborated. C. may be believed even if not corroborated.
B. is never credible. D. is always credible.

40. To prove that Angela stabbed her husband Tom, Jerry testified that he heard Boknoy running down the
street, shouting excitedly, “Sinaksak daw ni Angela ang asawa niya!” Jerry’s testimony is..
A. admissible as part of res gestae. C. admissible as independently relevant statement.
B. inadmissible as hearsay. D. inadmissible as a mere opinion.

41. As a general rule in criminal cases, character evidence is not admissible because it is purely..
A. circumstantial. C. corroborative.
B. cumulative. D. curative.

42. The burden of proof is on the prosecution, because under Rule 133 the accused is entitled to acquittal
unless his/her guilt is demonstrated by __________________________.
A. preponderance of evidence C. proof beyond reasonable doubt
B. quantum of evidence D. proof beyond logical reason

43. It is where the evidence on an issue of fact is in doubt on which side the evidence preponderates, the
party having the burden of proof fails upon that issue.
A. Preponderance Rule C. Weight of Evidence Rule
B. Equiponderance Rule D. Disputable Evidence Rule

44. The examination of witnesses should be done in open court and under oath or affirmation, and should
absolutely be orally given. a. True c. Neither
b. False d. Doubtful
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45. The obligation of a witness is to answer all questions which are asked of him. He cannot choose which
questions to answer and to answering others. The witness however has the right to be protected against
tactics from the opponent which are intended to __________________________.
A. “brow beat, badger, insult, intimidate, or harass him”.
B. “brow beat, badger, praise, be friend, or invigorate him”.
C. “compliment, delight, insult, intimidate, or harass him”.
D. None of the above.

46. May a witness refuse to answer a question?

A. Yes, at his/her own discretion.
B. Yes, if it is not pertinent to the issue.
C. Yes, if it is not self-incriminatory.
D. All of the above.

47. The order of presentation of evidence in court are..

A. Presentation of Evidence in Chief by the Plaintiff,
Presentation of Evidence in Chief by the Defendant,
Presentation of Rebuttal Evidence by the Plaintiff, and
Presentation of Sur-rebuttal Evidence by the Defendant
B. Presentation of Evidence in Chief by the Plaintiff,
Presentation of Rebuttal Evidence by the Plaintiff,
Presentation of Evidence in Chief by the Defendant, and
Presentation of Sur-rebuttal Evidence by the Defendant
C. Both letters A and B are correct.
D. None of letters A and B.

48. Cross-examination is, by its nature, an essential part of the right to procedural due process - that is..
A. the right of a party to examine the witnesses’ demeanors/decorum.
B. the right of a party to threaten the witnesses for contempt of court.
C. the right of a party to confront witnesses against him face-to-face.
D. None of the above.

49. May the witness testify wearing masks to preserve his identity?
A. Yes, to protect him from being killed.
B. Yes, it is his constitutional right.
C. No, he must appear in person.
D. No, it is in violation of the RPC.

50. This rule governs the manner by which testimonial and documentary evidences are to be presented in
Court. A. Article 132, Revised Penal Code.
B. Article 131, Revised Penal Code.
C. Rule 131, Rules of Court.
D. Rule 132, Rules of Court.