Cordillera Career Development College

College of Criminal Justice Education

Buyagan, Poblacion, La Trinidad, Benguet

Second Grading Examination

First Semester SY 2022-2023
EVIDENCE

Name: __________________________ Date: __________ Section:_______

(no need for the name and date here if they will use a separate answer sheet)

Instructions: Use a black or blue pen only. No erasure. No superimpositions

I. Multiple Choice (1 point per item) – Choose the best answer. Write the letter of your answer in
the space provided.

___1. These are addressed to the senses of the court

A. Real Evidence B. Documentary Evidence
C. Testimonial Evidence D. Conclusive evidence

___2. This is considered as evidence of the highest order

A. Real Evidence B. Documentary Evidence
C. Testimonial Evidence D. Conclusive evidence

___3. The communication between husband and wife cease to be confidential, except:

A. When made in the presence of a third person.

B. Communication is not intended for transmission to third persons.
C. Communication intended for transmission to third person.
D. None of the above

___4. This term refers to one who, being present, personally sees or perceives a thing, a beholder, spectator or
eyewitness.

A. Witness B. Spouse
C. Testator D. Joint Clients

___5. One is qualified to take the witness stand if:

A. He is capable of perceiving at the time of the occurrence of the fact.
B. He came make his perception known.
C. All the above
D. None of the above

____6. It refers to the weight and trustworthiness or reliability of the testimony.

A. Qualification B. Competency
C. Reliability D. Credibility

___7. What is the obligation of a witness?

A. A witness must answer questions, although his/her answer may tend to establish a claim
against him/her.
B. A witness must be protected from irrelevant, improper, or insulting questions, and from
harsh or insulting demeanor.
C. A witness must

___8. The following are the basic qualifications of a witness, except:

A. He/she must take an oath or affirmation

B. He/she cannot make known his perception
C. He/she must not possess any of the disqualifications
D. None of the above.
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___9. Courts may refuse the introduction of object evidence and rely on testimonial evidence alone if:
A. it would be confusing or misleading B. it requires an expert to interpret
C. it is no longer part of the testimony D. it will cause the court to inhibit

___10. Object evidence automatically leads to a:

A. Conviction of the accused B. Acquittal of the accused
C. Conclusive presumption D. None of the above

___11. Disqualification by Reason of Marriage is also known as ____ or _____.

A. Marital Disqualification Rule C. All of the above
B. Spousal Immunity D. None of the above

___12. When the object produced as evidence is indecent, or improper, it should be excluded, unless:
A. It is only a copy of the original B. accompanied by an expert testimony

C. it is required to show the date D. it is necessary for ascertaining the truth

___13. What is the rule on third parties?

A. The court, motu proprio or upon motion, shall order witnesses excluded so that they cannot hear the
testimony of other witnesses.
B. The communication shall remain privileged, even in the hands of a third person who may have
obtained the information, provided that the original parties to the communication took reasonable
precaution to protect its confidentiality.
C. A witness must answer questions, although his or her answer may tend to establish a claim
against him or her. However, it is the right of a witness not to be detained longer than the
interests of justice require.
D. None of the above

___14. This means to show that the object is the very thing that is either the subject matter of the lawsuit or the
very one involved to prove an issue in the case.
A. Competence B. Adjudicate
C. Authenticate D. Investigate

___15. Who can perform the answer to the above question?

A. Expert witness B. Counsel or lawyers
C. Competent witness D. None of the above

___16. A witness can testify only to those facts which he/she knows of on his/her____________?
A. Private capacity B. own expense
C. personal knowledge D. None of the above

___17. These are objects that have readily Identifiable marks:

A. Non-Unique objects B. objects made unique
C. Unique objects D. Identified objects

___18. A person cannot testify if he/she is convicted of any of the following crimes:

A. Falsification of documents C. False testimony

B. Perjury D. All of the above

___19. A sachet of shabu with the initials of the police officer who retrieved it is considered as:
A. Non-Unique objects B. objects made unique
C. Unique objects D. Identified objects

___20. An unmarked gun with no serial number is marked by the police officer is considered as:
A. Non-Unique objects B. objects made unique
C. Unique objects D. Identified objects

___21. Objects with no identifying marks and cannot be marked are considered:
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 A. Non-Unique objects B. objects made unique
C. Unique objects D. Identified objects

___22. When may a Privilege cease?

A. After the death of one spouse B. After the divorce of one spouse
C. All of the above D. None of the above

___23. Re-enactment of the crime is:

A. Documentary Evidence B. Object Evidence
C. Testimonial Evidence D. Conclusive evidence

___24. A person who hears a man cat-call a woman, and mimics the cat-call in court is considered:
A. Documentary Evidence B. Object Evidence
C. Testimonial Evidence D. Conclusive evidence

___25. This term pertains to a rule of law that, to protect a particular relationship or interest, either permits a
witness to refrain from giving testimony he otherwise could be compelled to give, or permits someone usually
one of the parties, to prevent the witness from revealing certain information.

A. Marital Disqualification B. Waiver

C. Privilege D. Consent

___26. The attorney-client privilege may not be invoked to refuse to divulge the identity of the client. What
is/are the exception/s?

A. When a strong probability exists that revealing the name would implicate that person in the
very same activity for which he sought the lawyer’s advice.
B. When disclosure would not open the client to liability;
C. When the name would furnish the only link that would form the chain of testimony
necessary to convict
D. Both A and C

___27. A deaf-mute is competent to be a/an _____ as long as he/she has the faculty to make and he/she can
make those observations known to others.
A. witness B. patient
C. agent D. speaker

___28. What should be done by the apprehending team having initial custody and control of the drugs
immediately after seizure and confiscation?
A. Physical inventory B. Photograph
C. Call the DOJ and PDEA D. Physical inventory and photograph

___29. A was estranged from her husband for more than a year due to his suspicion that she was having an
affair with X, their neighbor. For unknown reasons, the house of A’s mother was burned, killing the latter. A
survived. She saw her husband in the vicinity during the incident. During the trial, the prosecutor called A to the
witness stand and offered her testimony to prove that her husband committed the arson. Can A testify over the
objection of her husband on the ground of marital privilege?

A. A cannot testify. C. Both A and B

B. A may testify over the objection of her husband. D. None of the above

___30. The physically inventory and taking of photograph of the seized evidence must be done in the presence
of the following witnesses, except:
A. Accused B. representative from the media
C. any elected public official D. a member of the NBI

___31. Marital communication presumed to be ____, but the presumption may be overcome by proof that they
were not intended to be ______.
A. confidential; public B. not confidential; private
C. confidential; private D. not confidential; public
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___32. The attorney could not be compelled, nor would be allowed to disclose the following:

A. The privilege communication made by the client to his attorney.

B. The advice given by his attorney in the course of or with a view of professional employment
C. All of the above
D. None of the above

___33. What is the duration of a privilege?

A. In the absence of a statute, the privilege is permanent.
B. In the presence of a statute, the privilege is permanent.
C. Within 30 days after the client’s death
D. Within 45 days after the client’s death

___33. Waiver of objection may be done expressly or by _____:

A. silence
B. writing
C. both A & D
D. impliedly

___34. Philippine Drug Enforcement Authority B. Philippine Department Enforcement Agency

C. Philippine Drug Evasion Agency D. Philippine Drug Enforcement Agency

___35. This constitutes the totality of the DNA profiles, results and other genetic information directly generated
from DNA testing of biological samples.
A. DNA Evidence B. Identical DNA
C. Dioxideribonucleid acid D. Biological evidence

___36. Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or
any person convicted by final and executory judgment provided that one of the following must comply:

A. The Court agrees B. A biological sample exists

C. The accused is not a twin D. DNA is necessary

___37. Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or
any person convicted by final and executory judgment provided that one of the following must comply:
A. The DNA is found on the scene B. The accused is not guilty
C. The biological sample is relevant to the case D. DNA is only corroborative

___38. A ____ is allowed to be an expert witness when he does not disclose anything obtained in the course of
his examination, interview and treatment of a patient.
A. doctor
B. lawyer
C. priest
D. none of the above

___39. After examination, the DNA collected from the murder weapon matched the DNA collected from Mr. A.
Is this enough to convict Mr. A?
A. Yes, the DNA Test is enough because only the killer will have his blood on the murder weapon

B. No, the DNA Test is not conclusive to say Mr. A killed the victim
C. Yes, the DNA Test is enough because the DNA is conclusive to prove the guilt of Mr. A
D. No, the DNA Test is not a scientific test

___40. The following are the elements of “presidential communications privilege”, except:
A. Must relate to a “quintessential and nondelegable presidential power”
B. Must be authored or “solicited and received” by a close advisor of the President or the
President himself
C. Must be “made and directed” by an advisor or the client’s Attorney

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 D. Privilege may be overcome by a showing of adequate need such that the information
sought “likely contains important evidence” and by the unavailability of the information
elsewhere
___41. A photograph offered to show its contents is considered:
A. Object Evidence B. Documentary evidence
C. Testimonial Evidence D. Electronic evidence

___42. A CCTV footage offered to show that it was taken from the barangay hall and not as a proof of its
contents is considered as:
A. Object Evidence B. Documentary evidence
C. Testimonial Evidence D. Electronic evidence

___43. What is the purpose of privilege?

A. for the protection of public officers

B. for the protection of the public interest.
C. for the protection of the client
D. for the protection of the attorney
___44. A private document is considered as documentary evidence when it is offered as:
A. proof of its contents B. proof of its existence
C. proof of the claim of the accused D. counter to the claim of the accused

___45. The following are the requisites for admissibility of documentary evidence except:
A. document must be relevant B. evidence must be authenticated
C. document must be formally offered in evidence D. document must be notarized

___46. The Original Document Rule was formerly known as:

A. Registered Document Rule B. Original Case Rule
C. Notarized Document Rule D. Best Evidence Rule

___47. When the subject of inquiry is the contents of a document, writing, recording, photograph, or other
record, no evidence is admissible other than the:
A. Witness of the document B. Notarized document
C. Photocopy of the document D. original document

___48. The original document rule does not apply when:

A. Photographs are shown B. to show the contents of a love letter
C. to prove the contents of a video clip D. to prove the existence of a letter

___49. The original document rule does not apply in what instance:
A. To prove the contents of a love letter B. to show what was captured in a video
C. to illustrate the contents of a picture D. in the testimony of the accused

___50. This term includes the document itself or any counterpart intended to have the same effect by a person
executing or issuing it.
A. Duplicate B. Document
C. Original D. Evidence

___51. This is a counterpart produced by the same impression as the original, or from the same matrix.
A. Duplicate B. Document
C. Original D. Evidence

___52. A duplicate is admissible to the same extent as a/an:

A. Duplicate B. Document
C. Original D. Evidence

___53. This is a counterpart produced by means of photography, including enlargements and miniatures:
A. Duplicate B. Document

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 C. Original D. Evidence

___54. When is physician-patient relationship not applicable?

A. Communication was not given in confidence.
B. Communication was irrelevant to the professional employment.
C. Communication was made for an unlawful purpose.
D. All of the above

___55. Who can waive the filial privilege and choose to testify against his father?
A. Spouse B. Public Officer
C. Child D. Attorney

___56. When a general question is raised as to the authenticity of the original is raised, this is an exception to
the rule that a duplicate is admissible to the same extent as a/an:
A. Duplicate B. Document
C. Original D. Evidence

___57. A witness can ___ and make known his perception

A. deceive
B. perceive
C. conceive
D. receive

___58. What should be presented first if the original document is considered lost:
A. Testimony of a witness B. the CCTV footage
C. A recital of its contents in some authentic document D. copy of the document

___59. The due execution of a document should be proved through the testimony of:
A. The Judge B. A barangay official
C. a competent and independent lawyer D. the one who executed it.

___60. Secondary evidence may be presented when the original is in the custody or control of the adverse party
OR original cannot be obtained by?
A. Notice and collection B. the party presenting the evidence
C. the court D. local judicial processes or procedures

___61. For the original document to considered lost, there must be?
A. reasonable search shall be made for it in the place where it was last known to have been
B. Admission by the person who lost the same
C. court order issued by the court
D. police blotter or report

___62. This shall apply whenever an electronic document or electronic data message is offered or used in
evidence:
A. Original Document rule
B. The Rules on Electronic Evidence
C. The Revised Penal Code
D. RA no. 9165

___63. This must exist at the time the communication is made.

A. Rule on third parties B. Attorney-client relationship
C. Priest and Penitent D. Physician-patient relationship

___64. This privilege exists between a church goer and a priest to whom he or she gave a confession to.
A. Rule on third parties B. Attorney-client relationship
C. Priest and Penitent D. Physician-patient relationship

___65. What privileged communication is limited to testimony on confidential communications between

spouses?

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 A. Parole Evidence Rule B. Spousal Immunity
C. Marital Disqualification Rule D. Marital Privilege Rule

___66. The physician-patient privilege can only be invoked in a ___ case.

A. civil
B. criminal
C. Both A & B
D. None of the above

___67. If this information was not acquired by the physician in confidence, he may be allowed to testify
thereto:

A. Patient Information B. Personal Information

C. Medical Information D. Autopsical Information

___68. This is a deed, instrument or other duly authorized paper by which something is proved, evidenced or set
forth.
A. Record B. Document
C. Notary public D. a copy

___69. A communication to an attorney is said to be in “____________” when the client makes the same with
the purpose of obtaining from him a legal advice and opinion concerning his legal rights, obligation or duties
relative to the subject matter of communication.

A. his professional capacity B. his personal knowledge

C. his personal capacity D. his professional knowledge

___70. This applies only to documents contractual in nature and to wills.

A. Parol Evidence Rule B. Parole Evidence Rule
C. Best evidence Rule D. Original Document Rule

II. True or False. Write T if the statement is true and F if the statement is false. (1 point each)
___71. Courts may refuse the introduction of the picture of a dead body of the victim.
___72. The original document rule applies in cases where the witness testifies that he is innocent.
___73. DNA Evidence alone can immediately show who committed the crime.
___74. Real evidence automatically leads to a conclusive presumption.
___75. Parol evidence rule applies to all kinds of writings.
___76. A public document enjoys the presumption of regularity
___77. Evidence must be authenticated
___78. As a general rule, four links in the chain of custody of the confiscated item must be established.
___79. A private document can be authenticated by any person who was present and saw it executed.
___80. Post-conviction DNA testing may be available without need of prior court order.
___81. Mistake, in relation to parol evidence, refers to mistake of fact which is only limited to one of the
parties.
___82.CCTV footage offered to show its contents is considered real evidence.
___83. Photographs must be shown in court to be authenticated.
___84. The person seeking to introduce an electronic document in any legal proceeding has the burden of
proving its authenticity in the manner provided in this Rule
___85. Telephone conversations are not considered ephemeral electronic communication.
___86. When original is outside the jurisdiction of the court the parties may not present secondary evidence.
___87. When more than one original copy exists, it must appear that all of them have been lost, destroyed, or
cannot be produced in court before secondary evidence can be given of anyone.
___88. All letters are considered documentary evidence.
___89. A rock used to kill the victim is considered object evidence.
___90. A duplicate is admissible to the same extent as an original if it is notarized by a notary public.
___91. The witness must have the capacity to identify the object as the very thing involved in the litigation
___92. Photocopies are considered duplicates.
___93. The parol evidence rule does not apply when third parties are involved or those not privy to the written
instrument in question and does not base a claim or assent a right originating in the instrument.
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___94. A will is covered by the parol evidence rule.
___95. A contract is covered by the parol evidence rule.
___96. A car with the plate number ABC123 is a non-unique object.
___97. A passport is a private document.
___98. The original document rule applies to the rock used to kill the victim to show it was the murder weapon.
___99. The original document rule only applies to wills.
___100. The negative of a photograph is not considered an original.

Prepared by: Noted:

Atty. Nat Bernard G. Eming DENNIS M. BUTAG

Faculty, CCJE Dean, CCJE

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