PRELIM AND MIDTERM EXAMINATION

CRIMINAL EVIDENCE

INSTRUCTION: Select the correct answer for each of the following questions. Mark only
One answer for each item by ENCIRCLE corresponding letter of your choice on the test
questions provided. STRICTLY NO ERASURES ALLOWED.

MULTIPLE CHOICES

1. What is the means sanctioned by the rules of court of ascertaining in judicial proceeding the
truth respecting a matter of fact?

A. Evidence C. Proof
B. Law D. Statement

2. What is the result of evidence?

A. Evidence C. Proof
B. Debate D. Judgment

3. What is the ultimate fact or fact in issue to?

A. Factum probandum C. Factum proban

B. Evidence D. Proof

4. What classification of evidence is directly addressed to the senses and consist of tangible
things exhibited in court?

A. Circumstantial C. Real
B. Documentary D. Testimonial

5. The FOLLOWING are requisites for admissibility of evidence in court, except.

A. relevancy C. competency
B. materiality D. None of the above

5. Evidence is ________whenever the witness affirm that a fact did or did not occur at a
particular occasion material to the issue

A. Positive C. Negative
B. Cumulative D. Corroborative

6. What evidence gives greatest certainty as to the truth respecting a fact in issue?

A. Conclusive evidence C. Primary evidence

B. Prima facie evidence D. Secondary evidence

7. What evidence is directly address to the senses of the court? When an object is relevant to the
fact in issue, it may be exhibited examined and viewed by the court?

A. Real evidence C. Primary evidence

B. Conclusive evidence D. Documentary evidence

8. What is the proof of facts from which, taken collectively the existence of the particular fact in
dispute may be inferred as necessary or probable consequence.

A. Substantial evidence C. Direct evidence

B. Circumstantial D. Credible evidence

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9. What evidence is given by a prosecution to overcome or contradict facts already given?

A. Rebuttal evidence C. Conclusive evidence

B. Sur rebuttal evidence D. substantial evidence

10. What evidence is consist of writing or any ,material containing letters ,words and other
written expression offered as proof of their content

A. Brief C. Record
B. Documentary D. report

11. This admission occurs when a person manifest his assent to the statements of another person.

A. Express admission C. Implied admission

B. Extra judicial admission D. Adoptive admission

12. Strictly speaking, it means the actual commission of the crime and someone criminally
responsible therefore.

A. Alibi C. Deposition
B. Interrogatories D. Corpus delicti

13. Real evidence is address to

A. The senses of the court C. The opinion of an expert

B. The lawyer propounding the question D. The clerk of court

14. When object is relevant to the fact in issue, the following, except one must be done?

A. Exhibited C. Examined
B. Viewed D. Authenticated

15. Which among the following Major kinds of evidence is the evidence of the highest order?

A. Documentary evidence C. Testimonial evidence

B. Object evidence D. Conclusive evidence

16. Is an admission, verbal or written, made by a party in the course of the proceedings in the
same case, which dispenses with the need for proof with respect to the matter or fact admitted. It
may be contradicted only by a showing that it was made through palpable mistake or that no
such admission was made.

A. Judicial Notice C. Judicial Admission

B. Judicial Confession D. Circumstantial evidence

17. It is an evidence which standing alone, unexplained or contradicted, is sufficient to maintain

the proposition affirmed.

A. Direct C. Prima facie

B. Positive D. Real

18. When an evidence is illegally obtained which makes it inadmissible to the court of
justice .this is called as

A. forum shopping C. Rule of exclusion

B. Exclusionary rule D. Fruits of the poisonous tree

19. It is any statement of fact made by a party against his interest or unfavorable to the
conclusion for which he contends or is inconsistent with the facts alleged by him.

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 A. Admission C. Declaration
B. Confession D. Information

20. It refers to identical confession of several accused without collusion.

A. Extra interlocking confession C. Extra judicial confession

B. Interlocking confession D. Judicial confession

21. The following are the requisites of judicial Notice. EXCEPT:

A. Mandatory C. When necessary for trial

B. Discretionary D. During Trial

22. What doctrine means that if the testimony of the witness in material issue is willfully false
and given with intention to deceive, the jury may disregard all the witness testimony.

A. Res ipsa loquitor C. Falsa demonstratio non nocet

B. Res inter alios acta D. Falsus in uno falsus in omnibus

23. This Administrative Matter known as the Revised Rules on Evidence 2019 amendment by
the Supreme Court of the Philippines.

A. A.M 19-08-15 SC C. A.M 17-11-03 SC

B. A.M 18-03-16 SC D. A.M 00-5-03 SC

24. It refers to a situation where incompetent evidence was erroneously received by the court
despite objection from the other party.

A. Multiple admissibility C. Conditional admissibility

B. Curative admissibility D. Sole admissibility

25. What doctrine refers to a situation where the evidence of the parties are evenly balanced or
there is doubt on which side the evidence preponderates ,in this case the decision should be
against the party with the burden of proof .

A. doctrine of pro reo C. equiponderance doctrine

B. independent relevant statement D. substantial evidence

26. It means greater or superior weight of evidence .it is the evidence that is more convincing
and more credible than the one offered by the adverse party.

A. Proof beyond reasonable doubt C. Preponderance of evidence

B. Substantial evidence D. Clear and convincing

27. Amount of relevant evidence which a reasonable mind might accept as adequate to support
its conclusion.

A. Proof beyond reasonable doubt C. preponderance of evidence

B. Substantial evidence D. object evidence

28. Proof applies to cases filed before administrative or quasi-judicial bodies.

A. Preponderance of evidence C. Substantial evidence

B. Proof beyond reasonable doubt D. Clear and convincing evidence

29. It is the cognizance of certain fact which judges may properly take and act upon without
proof.

A. Collateral matter C. Judicial admission

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 B. Judicial notice D. Judicial confession

30. What quantum of proof is required in criminal case ?

A. Proof beyond reasonable doubt C. substantial evidence

B. Preponderance of evidence D. clear and convincing evidence

31. The subject matter of the litigation is the content of the photocopy of a document. What is
the best evidence to prove the content of document?

A. The testimony of the witnesses to the content of original document.

B. The secondary evidence if the original is lost
C. The subject photocopy document the contents of which is in issue
D. The original of the documents which was photocopy

32. A documentary evidence which is considered as the most reliable and credible is ________
evidence.

A. Parole C. Reliable
B. Secondary D. Best

33. What is the concept in advance where no other documentary evidence is requiring by the
court to be submitted?

A. Replacement evidence C. Secondary evidence

B. Original evidence D. Photocopy evidence

34. the most reliable form of evidence in the hierarchy of evidence is _______.

A. Testimonial evidence C. Direct evidence

B. Real evidence D. Documentary evidence

35. The defense shall offer the testimony of its witness during the time _________.

A. As ordered by the court to offer the testimony

B. The defense witness is called to testify
C. The exhibit are identified and marked
D. The exhibit are formally offered

36. As a police officer conducting interview or investigation, when is a person qualified to be as

witness?

A. Can communicate the perception to others

B. He can store into his memories such perception
C. He can perceived that is with senses
D. All of these

37. James testified that while sleeping at that time, he was awakened by loud voices, when he
looked down from the window he saw Tatum’s physical expression pointing to Irving to stab
somebody. But James was not seeing the actual stabbing. How can the physical manifestation of
Tatum be useful in court proceedings?

A. It is useful as it can be considered as dying declaration

B. It can be used as part of res gestae
C. It can be used as independent relevant statement
D. It can be used declaration against interest

38. If the original cannot be produced anymore, what documentary evidence may be presented?

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 A. Secondary evidence C. Primary evidence
B. Photocopy evidence D. Replacement evidence

39. What is the rule in the evaluation of evidence where the evidence in a criminal case is evenly
balance, so that the constitutional scales are tested in favor to the accused?

A. Balancing Rule C. Presumption of innocence

B. Equipoise Rule D. Exclusionary evidence

40. What do we refer to evidence that is not required to the presented in court?

A. Confession C. Admission
B. Judicial notice D. Direct evidence

41. Which of the following questions will you ask to determine if the testimony of the witness
will be hearsay?

A. I will ask about his relations with the parties involved in the incident
B. I will ask the reason why he was at the crime scene
C. I will ask the witness the reason why he is willing to testify
D. I will ask if the witness has personal knowledge about the crime

42. What is the evidence which admission is dependent on its being obtained legally?

A. Conclusive C. Competent
B. Material D. Relevant

43. Which of the following is not considered as BEST evidence?

A. Replacement evidence C. Primary evidence

B. Photocopy of evidence D. Secondary evidence

44. What is the treatment of the court on evidence that is determined to be incompetent?

A. Inclusion C. Admission
B. Archive D. Exclusion

45. What is the minimum penalty required where the jurisdiction of the case is under Regional
Trial Court?

A. 10 years C. 5 years
B. 6 years D. 1 year

46. What do you call the terms of an agreemen thave been reduce to writing, it is considered as
containing all the terms agreed upon and there can be, between the parties and thier successors in
interest, no evidence of such terms as other than the contents of the written agreement.

A. Equipoise Rule C. Parole evidence

B. Hearsay Rule D. Circumstantial evidence

47. Kind of evidence which is directly addressed to the senses of the court and consist of tangible
things exhibited, viewed, or demonstrated in open court is refers to as:___________.

A. Real/Object Evidence C. Parole evidence

B. Documentary Evidence D. Circumstantial evidence

48. All persons who can perceive, and perceiving, can make known their perception to others,
may be witnesses.

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 A. Witness C. Declaration Against interest
B. Hearsay Evidence D. Circumstantial evidence

49. Which of the following questions will you ask to determine if the testimony of the witness
will be hearsay?

A. I will ask about his relations with the parties involved in the incident
B. I will ask the reason why he was at the crime scene
C. I will ask the witness the reason why he is willing to testify
D. I will ask if the witness has personal knowledge about the crime

50. Complete name of our Dean College of Criminology here at Philippine College of Health
Sciences Inc. _________________________.