Human Rights Education Final Exam

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HUMAN RIGHTS EDUCATION

Final Examination

Instructor: Prof. Eduardo G. Quiachon Jr. JD

General Instructions: Read carefully before answering the questions. Write your chosen answer to the
booklet provided for you. Any clarifications pertaining to the questions, if there may be, ask it directly to
your professor or proctor. Avoid any discussions when the examination is going on. Avoid erasures and
tearing of a page of the booklet.

Test 1. Multiple Choice (20 points)


1. Ramsey was charged of a crime of theft. The judge imposed him a bail amounting to one million
pesos. The act of judge violated the right of a person to:
a. Right to bail
b. Due process
c. Public Trial
d. Liberty of Ramsey
2. Bail bond is automatically cancelled upon:
a. Acquittal
b. Conviction
c. Dismissal
d. All of a,b,c,d
3. It is a writ directed to the person detaining another commanding him to produce the body of
the prisoner at a designated time and place.
a. Writ of habeas corpus
b. Writ of execution
c. Due process
d. Equal protection of the laws
4. Berto was charged with a crime of robbery. The court dismissed the case on the ground of lack
of evidence. After five years, the complainant filed a case in court against Berto for the same
offense. The filing of another case against Berto violate his right to:
a. Double execution
b. Double jeopardy
c. Ex post facto law
d. Bail of attainder
5. In 1999, Lovely was charged of case of swindling (estafa). The judge sentenced her with an
imprisonment of 2 years. In 2001, Congress passed and approved a new law increasing the
penalty of swindling from 2 years to four years effective 1999. The nature of the law is:
a. Congressional law
b. Bail of attainder
c. Political law
d. Ex post facto law
6. Senate passed a new law directing the Judges of the court to immediately sentenced all accused
of the crime of rape for death without any trial. The nature of the law is known as:
a. Double jeopardy
b. Bill of attainder
c. Ex post facto law
d. Due process of law
7. It is one of the characteristics of ex post facto law:
a. It refers to criminal matter
b. It has no retroactive effect
c. It is good for the complainant
d. It is good for everyone
8. All person has a right to bail except:
a. He has no money
b. Those whose offense is punishable by reclusion perpetua or death and the evidence of guilt
is strong.
c. During holidays
d. He is a politician
9. The privilege of writ of habeas corpus cannot be suspended except during:
a. Invasion or rebellion
b. Coup d’etat
c. Edsa revolution
d. Impeachment
10. The right to counsel can be waived because:
a. It is optional
b. It is a constitutional right of an accused
c. The accused is knowledgeable in law
d. He believed that his case is dismissible
11. It is defined as anything that diminishes the efficacy of the contract.
a. Bail
b. Ex post facto law
c. Impairment
d. Bail of attainder
12. Congress passed a law declaring lockdown in the entire country due to COVID 19 pandemic. The
act of Congress is an exercise of the state of its:
a. Bail
b. Impairment
c. Capital offense
d. Police power
13. A right of a person under investigation for the commission of an offense shall have the right to
be informed of right to remain silent and to have competent and independent preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one.
a. Right to bail
b. Right to property
c. Right of a person under custodial investigation
d. Miranda right
14. After the apprehension of Texas for the commission of a crime, he was immediately investigated
by the police without the presence of a counsel. The nature of the investigation violate the right
of Texas to:
a. Judicial investigation
b. Administrative investigation
c. Quasi-judicial investigation
d. Custodial investigation
15. During the hearing the case of Marvin, his family and friends were not allowed to witness the
proceedings. The nature of the trial violate the constitutional right of Marvin to:
a. Rally
b. Anniversary
c. Public Trial
d. Private trial
16. Martin was apprehended for the commission of a crime of rebellion. Twenty days had lapsed
but no criminal case has been filed against him. In this situation, what is the remedy of the
family of Martin in order to question his detention?
a. File in court a petition of Writ of habeas data
b. File in court a petition of Writ of Kalikasan
c. File in court a petition of Writ of execution
d. File in court a petition of Writ of habeas corpus
17. A law which is also called as The Speedy Trial Act which provides that the arraignment of an
accused shall be held within 30 days from the filing of the information, or from the date the
accused appeared before the justice, judge or court in which the charge is pending.
a. Republic Act no. 4200
b. Republic Act o. 9165
c. Republic Act no. 8493
d. Republic Act no. 8743
18. It is an Act Defining certain rights of person arrested, detained or under custodial investigation.
a. Republic Act no. 4200
b. Republic Act o. 9165
c. Republic Act no. 8743
d. Republic Act no. 8493
19. Mr. B. was required to work by his employer because he has indebtedness. The act of Mr. B’s
employer is against the right of a person to:
a. Right to due process of law
b. Right to ex post facto law
c. Right to bail
d. Right to involuntary servitude
20. It is known as the right to speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
a. Right to due process
b. Right to ex post facto law
c. Right to speedy trial
d. Right to involuntary servitude

Test II. IDENTIFICATION (20 points)


1. _________________.It is a law which hears before it condemns, which proceeds upon
inquiry and renders judgment only after trial.
2. _________________. It is the security given for the release of a person in the custody of the
law, furnished by him or a bondsman, conditioned upon him appearance before any court.
3. _________________. It means that when a person is charged with an offense and the case is
terminated either by acquittal or conviction or in any manner without the consent of the
accused, the latter cannot again be charged with the same or identical offense.
4. _________________. It is defined as any questioning initiated by law enforcement officers
after a person has been taken into custody or otherwise deprived of freedom of action in
any significant way.
5. _________________. It is defined as one held openly or publicly, it is sufficient that the
relatives and friends who want to watch the proceeding are given the opportunity to
witness the proceedings.
6. _________________. It is a law which provides for the infliction of punishment upon a
person for an act done when it was committed, was innocent.
7. _________________. It is defined as a legislative act that inflicts punishment against a
person or group of persons without trial.
8. _________________. It is defined as an offense which, under the law existing at the time of
its commission and at the time of the application to be admitted to bail, may be punished
with death.
9. _________________. It is defined as the state authority to enact legislation that may
interfere with personal liberty or property in order to promote the general welfare.
10. _________________. It is define as a writ issued by a court directed to a person detaining
another, commanding him to produce the body of the prisoner at a designated time and
place, with the day and cause of his caption and detention, to do, to submit to, and to
receive whatever the court or judge awarding the writ shall consider in his behalf.

Test III. ENUMERATION (20 POINTS)


1-2. Basic Miranda rights.
3-5. Types of courts covered by the speedy disposition of cases
6-9. Kinds of bail
10-13. Examples of quasi-judicial body
14-20. Different courts in the Philippines
Test IV. TRUE OR FALSE (10 POINTS)
1. The constitution prohibits the conduct of custodial investigation without the presence of a
counsel.
2. Involuntary servitude is prohibited by the constitution except in service to the military in
time of war.
3. Speedy disposition of cases is required by law to prevent the accused from vexatious,
capricious, oppressive and other evil motive of delay.
4. Due process requires notice and hearing.
5. All persons have the right to bail.
6. Police lineup is not considered custodial investigation.
7. A person who failed to pay his debt cannot be imprisoned.
8. A person cannot be detained solely by reason of his political belief and aspiration.
9. Human rights commission is the agency of the government whose duty is to defend the
rights of an individual.
10. Bail of attainder is not prohibited by the constitution.

Test V. ESSAY (30 points)


The President declare the entire Philippines to Martial Law because of rebellion. Five days after,
rebel leader Kumander Takbo was apprehended by the Army troopers and held in caption for 15 days
without a case filed against him. The lawyer of Kumander Takbo filed a petition of writ of habeas corpus
in the court. Unfortunately the court denied the issuance of the writ. For this reason, the family of
Kumander Takbo filed a case against the judge with the Commission of Human Rights for failure to issue
the writ. Is the action of the family of Kumander Takbo correct? Why? Explain.

Good luck!
FINAL EXAMINATION
EVIDENCE

Instructor: Prof. Eduardo G. Quiachon Jr. JD

General Instructions: Read carefully before answering the questions. Write your chosen answer to the
booklet provided for you. Any clarifications pertaining to the questions, if there may be, ask it directly to
your professor or proctor. Avoid any discussions while the examination is going on. Avoid erasures and
tearing of a page of the booklet.

TEST 1. Identification (20 points)

1._______________________.Is any statement of fact, made by a party against his interest or


unfavorable to the conclusion for which he intends or is inconsistent with the facts alleged by him.
2. ______________________. It is a categorical acknowledgement of guilt made by an accused in a
criminal case, without any exculpatory statement or explanation.
3. _______________________.The act, declarations, omissions, of a party as to relevant fact maybe
given in evidence against him or her.
4.________________________.It is a contract whereby the parties by making reciprocal concessions,
avoid a litigation or put an end to one already commenced

5. ________________________.The act or declaration of a conspirator in furtherance of the conspiracy


and during its existence may be given in evidence against the co-conspirator after the conspiracy is
shown by evidence other than such act of declaration.
6._________________________.Where one derives title or property from another, the latter’s act,
declaration, or omission, in relation to the property, is evidence against the former if done while the
latter was holding the title.
7._________________________.It means the things done
8._________________________. It is an evidence of a statement that was made other than by a witness
while testifying at the hearing and that is offered to prove the truth of the matter stated.
9._________________________.Is evidence on an individual's personality traits, propensities, or moral
standing.
10._________________________.An act or declaration made in the presence and within the hearing or
observation of a party who does or says nothing when the act or declaration is such is naturally to call
for action or comment if not true, and when proper and possible for him or her to do so, may be given in
evidence against him or her.

Test II. Multiple Choice. (10 points)

1. Under this Doctrine, where several extrajudicial confessions had been made by several
persons charged with the same offense, without the possibility of collusion among them,
the fact that the statements are all in material respects identical is in conformity of the
confessions of the co-defendants and is admissible against the other persons implicated
therein.
a. Doctrine of Miranda
b. Doctrine of interlocking confession
c. Doctrine interlocking admission
d. Doctrine of interlocking intermission
2. It is one of the exceptions to the doctrine of interlocking confession:
a. He is a privy or a party
b. He is a non-conspirator
c. He made an admission
d. He made a confession
3. The act or declaration of a partner or agent authorized by the party to make a statement
concerning the subject, or within the scope of his or authority, and during the existence of
the partnership or agency, may be given in evidence against such party after the
partnership or agency is shown by evidence other than such act or declaration.
a. Admission by privies
b. Admission by co-partner or agent
c. Admission by silence
d. Admission of a party
4. A declaration of a person made under the consciousness of an impending death, may be
received in any case wherein his death is the subject of the inquiry, as evidence of the
cause and surrounding circumstances of such death.
a. Dying declaration
b. Court declaration
c. Declaration against interest
d. Declaration about pedigree
5. Is defined as the existence of such facts and circumstances as would excite the belief, in a
reasonable mind, acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted.
a. Preponderance of evidence
b. Probable cause
c. Clear and convincing evidence
d. Proof beyond reasonable doubt
6. Is a type of evidentiary standard used in a burden of proof analysis. Under the
preponderance standard, the burden of proof is met when the party with the burden
convinces the fact finder that there is a greater than 50% chance that the claim is true. This
is used in proving civil cases.
a. Preponderance of evidence
b. Probable cause
c. Clear and convincing evidence
d. Proof beyond reasonable doubt
7. It is an intermediate standard of proof, heavier than “preponderance of the evidence” but
lighter than “beyond a reasonable doubt.”
a. Proof beyond reasonable doubt
b. Clear and convincing evidence
c. Probable cause
d. Preponderance of evidence
8. It is a “rule of law stating that because a fact exists, another fact also exists”.
a. Presumption
b. Probable cause
c. Proof beyond reasonable doubt
d. Preponderance of evidence
9. It is the most accurate DNA’s Paternity test result.
a. 99.00%
b. 99.99%
c. 90.99%
d. 90.90%
10. It is a test that examines DNA and that is used to identify someone or to show that people
are relatives.
a. DNA test
b. Test drive
c. Drug test
d. Test question

Test III. Enumeration (30 points)

1-10. Types of evidence


11-17. Exceptions in proving previous conduct as evidence
18-22. Different types of admission
23-30. Exceptions to hearsay rule

Test IV. True or False (20 points)


1. An admission may be express or tacit while a confession must be express.
2. The act, declaration or omission of another is generally irrelevant, and that in justice
a person should not be bound by the acts of mere unauthorized strangers.
3. One of the fundamental requirements for admissibility of confession is that a
confession must be voluntary.
4. In criminal cases an offer of compromise by the accused may be received in evidence
as an implied admission of guilt.
5. In civil cases, an offer or compromise is not an admission of any liability, and is not
admissible in evidence against the offeror.
6. In admission by third party, unless he assents thereto, a party to an action cannot be
affected by the admission of a person who does not occupy toward him any relation
of privity, agency or joint interest.
7. Previous conduct is not admissible in evidence that one did or did not do a certain
thing at one time.
8. A witness can testify only to those facts which he knows of his personal knowledge;
that is, which are derived from his own perception.
9. Generally, a testimony of the witness not comes from his own personal knowledge
and perception is considered hearsay.
10. An electronic document shall be regarded as the equivalent of an original document
under the Best Evidence Rule if it is a printout or output readable by sight or other
means, shown to reflect the data accurately.
11. The declaration of a dying person, made under the consciousness of an impending
death, may be received in any case wherein his death is the subject of the inquiry, as
evidence of the cause and surrounding circumstances of such death.
12. The act or declaration of a person deceased or unable to testify, in respect to the
pedigree of another person related to him by birth or marriage, may be received in
evidence where it occurred before the controversy, and the relationship between
the two persons is shown by evidence other than such act or declaration.
13. The opinion of a witness on a matter requiring special knowledge, skill, experience
or training which he is shown to possess, may be received in evidence.
14. The opinion of a witness for which the proper basis is given, may be received in
evidence regarding the identity of a person about whom he has adequate
knowledge.
15. Character evidence not generally admissible except when the good or bad moral
character of the offended party may be proved if it tends to establish in any reasonable
degree the probability or improbability of the offense charged.
16. Generally, under the common law character evidence is inadmissible in criminal
cases unless the defendant raises the issue first.
17. Burden of proof is the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of evidence required by
law.
18. Proof beyond a reasonable doubt requires evidence of such persuasive force
that you are convinced of the defendant’s guilt to a very high degree of certainty.
19. A presumption, if uncontradicted may stand in lieu of evidence and support a finding
in decision
20. Every child is presumed qualified to be a witness.

Test V. Essay (20 points)


A, B, C and D, met together to plan and agree for themselves to kill M upon the request of E who
promised them to pay 50,000 if they were able to kill M. In the following day, A,B, and C executed their
plan and successfully killed M. E, paid A,B, and C the agreed reward. During the execution of their plan,
D was absent due to some important matters to attend.
In the following day A,B and C was apprehended by the police in their hot pursuit operation and
a criminal case of murder was filed against them.
During the trial, the prosecution presented D as their witness. D, admitted that A,B,C are the
killers of M and E paid them 50,000.00.
Is the admission of D admissible in evidence against A,B,C and E, the financier?

Good luck!

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