Name: _____________________________________________ Date: _____________

Course & Year: _____________________________________ Score: ____________

MIDTERM EXAMINATION

PART I. Multiple Choice.

1. Inference which the law makes so preemptory that it will not allow them to be overturned by any contrary proof.
a. Presumption
b. Disputable presumption
c. Conclusion
d. Conclusive presumption

2. Logical necessity which rests upon a party at any particular time during the trial to create a prima facie case in his
own favor or to overthrow one created against him.
a. Res gestae
b. Burden of evidence
c. Burden of proof
d. Estoppel

3. A written act or record of acts of a sovereign authority of private writing acknowledge before a notary public
a. Public document
b. Official document
c. Private document
d. Official record

4. Which among the following may disqualify a witness?

a. Capacity of observation
b. Capacity of recollection
c. Capacity of knowledge
d. Capacity of communication

5. 5. Prescribes that governing rules of evidence

a. Revised Penal Code
b. Constitution
c. Rules on Criminal Procedure
d. Rules of Court

6. 6. Factum probans means

a. Evidentiary fact
b. Ultimate fact
c. Weigh of evidence
d. Preponderance of evidence

7. Evidence which has some relation to what is sought to be proved

a. Relevant
b. Material
c. Competent
d. Admissible

8. It affects an issue in an important or substantial matter.

a. Relevant
b. Material
c. Competent
d. Direct

9. Those evidence which are admissible in court are held to be

a. Relevant
b. Material
c. Competent
d. Direct

10. Refers to an evidence of the same kind adduced to prove the same fact
a. Real
b. Cumulative
c. Corroborative
d. Circumstantial
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11. Additional evidence of a different kind but tending to prove the same fact
a. Real
b. Cumulative
c. Corroborative
d. Circumstantial

12. Oral testimony given in open court.

a. Real evidence
b. Documentary evidence
c. Testimonial evidence
d. Admission evidence

13. An evidence delivered in open court wherein the witness states that he does not know whether a fact did or did not
occur
a. Positive
b. Negative
c. Direct
d. Circumstantial

14. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence.
a. Primary
b. Secondary
c. Prima facie
d. Best

15. Given by a person of specialized knowledge in some particular field

a. Primary
b. Best
c. Secondary
d. Expert
e. Preponderance of evidence

16. Evidence which has some relation to what is sought to be proved

a. Relevant
b. Material
c. Competent
d. Admissible

17. It affects an issue in an important or substantial matter.

a. Relevant
b. Material
c. Competentd. Direct

18. Those evidence which are admissible in court are held to be

a. Relevant
b. Material
c. Competent
d. Direct

19. Refers to an evidence of the same kind adduced to prove the same fact
a. Real
b. Cumulative
c. Corroborative
d. Circumstantial

20. Additional evidence of a different kind but tending to prove the same fact
a. Real
b. Cumulative
c. Corroborative
d. Circumstantial

21. Oral testimony given in open court.

a. Real evidence
b. Documentary evidence
c. Testimonial evidence
d. Admission evidence
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22. An evidence delivered in open court wherein the witness states that he does not know whether a fact did or did not
occur
a. Positive
b. Negative
c. Direct
d. Circumstantial

23. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence.
a. Primary
b. Secondary
c. Prima facie
d. Best

24. Given by a person of specialized knowledge in some particular field

a. Primary
b. Best
c. Secondary
d. Expert

25. That kind of evidence which cannot be rebutted or overcome

a. Primary
b. Best
c. Real
d. Conclusive

26. Cognizance of certain facts which judges may properly take as fact because they are already known to them
a. Cognizance
b. Judicial admission
c. Judicial knowledge
d. Judicial notice

27. In case of falsification of document what would be the best evidence

a. Authentic document
b. Holographic document
c. Questioned document
d. Genuine document

28. When a writing affirms that a fact did or did not occur, such testimony is said to be:
a. Relevant evidence
b. Material evidence
c. Positive evidence
d. Negative

29. Which among the following may be used as evidence in a judicial processing?
a. Privileged conversation
b. Dying declaration
c. Filial privilege
d. Parental privilege

30. Occurs when the evidence adduced proves the disputed fact
a. Cumulative
b. Corroborative
c. Circumstantial
d. Relevant

31. Evidence of this kind are those which are capable of perception
a. Testimonial
b. Corroborative
c. Real
d. Material

32. A priest may not be able to testify on pertinent matters to the case if said conversation or facts relates to that told in
the confession made by the
a. Penitent
b. Patent
c. Client
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 d. Secretary

33. Who among the following are automatically disqualified to take the witness stand?
a. Sick persons
b. Children
c. Homosexuals and lesbians
d. Insane persons

34. Evidence which show that best evidence existed as to the proof of the fact in question
a. Real evidence
b. Best evidence
c. Secondary evidence
d. Res gestae

35. Legal fitness of a witness to be heard on the trial

a. Admissibility
b. Compensation
c. Qualification
d. Eligibility

36. Means sanctioned by the rules of court to ascertain the truth respecting a matter of fact.
a. Proof
b. Intent
c. Motive
d. Evidence

37. A duplicate receipt signed and carbon copied at the same time is in terms of its evidentiary value is deemed as:
a. Duplicate
b. Original
c. Authenticate
d. Genuine

38. Exemption to the hearsay rule made under the consciousness of an impending death.
a. Parole evidence
b. Ante mortem statement
c. Dead man statute
d. Mi ultimo adios

39. When are children deemed not competent to qualify as a witness?

a. They understand the obligation of the oath
b. They have not reached the age of discernment
c. They must have sufficient knowledge to receive just impressions as to the facts on which testify
d. They can relate to those facts truly to the court at the time they are offered as witness

40. That degree of proof which produces in the mind of as unprejudiced person, that moral certainty or moral conviction
that the accused did commit the offense charged
a. Ultimate fact
b. Proof beyond reasonable doubt
c. Preponderance of evidence
d. Substantial evidence

41. Circumstantial facts and declarations incidental to the main fact; means things done
a. Factum probans
b. Factum probandum
c. Res gestae
d. Owes probans

42. A person who gives testimonial evidence in a judiciary tribunal.

a. Witness
b. Prosecution
c. Defense
d. Clerk of court

43. 41. In this sort of action, a person merely acknowledges certain facts but does not admit his guilt.
a. Testimony
b. Admission
c. Confession
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 d. Extra – judicial confession

44. When a categorical statement of guilt was made before a competent tribunal we classify it as.
a. Confession
b. Admission
c. Judicial confession
d. Extra – judicial confession

45. Any evidence either oral or documentary wherein the probative value is not based on personal knowledge of the
witness but that from another.
a. Testimonial evidence
b. Dying evidence
c. Res gestae
d. Hearsay

46. Refers to family history or descent.

a. Pedigree
b. Tradition
c. Inheritance
d. Heritage

47. Obligations imposed upon a party establish their alleged fact by proof are termed as “burden of proof”, what is its
Latin translation?
a. Factum probans
b. Factum probandum
c. Owe probandi
e. Owes probandi

48. The probative aide given by the court to particular evidence.

a. Preponderance of evidence
b. Evidentiary fact
c. Ultimate fact
d. Weight of evidence

49. A degree of proof below that of proof beyond reasonable doubt, which taken in its entirely is superior to that of
another
a. Corpus delicti
b. Real evidence
c. Autoptic evidence
d. Physical evidence

50. The body of crime

a. Corpus delicti
b. Real evidence
c. Autoptic evidence
d. Physical evidence

51. Which among the foregoing is not part of the judicial rule for sufficiency of circumstantial evidence to convict an
accused?
a. There is more than one circumstance
b. The facts from which the inference are derived must be proved
c. The combination of all the circumstance is such as to produce a conviction beyond reasonable doubt
d. d. It must be of a judicial recognizance

52. Minimum number of witnesses required in rape cases to secure a conviction

a. 1
b. 2
c. 3
d. None

53. A court may take judicial notice on matters that are of?
a. Public knowledge
b. Capable of unquestionable demonstration
c. Ought to be known to judges because of their judicial functions
d. All the above

54. 52. When may judicial admissions be mad?

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 a. The pleading filed by the parties
b. In the courts of the trial, either by verbal or written manifestation or stipulations
c. In other stage of judicial proceeding
d. All the above

55. The rules of evidence shall be same the in all courts and in all trials and hearing, As otherwise provide by law or
these rules.
a. True
b. False
c. Maybe
d. No

56. The result or effect of evidence

a. Evidence
b. Testimony
c. Proof
d. Positive identification

A relevant evidence as a reasonable mind might accept as adequate to support a concussion.

e. Substantial evidence
f. Best evidence
g. Circumstantial evidence
h. Secondary evidence

57. The witness maybe re-examined by the party calling him, to explain or supplement his answers given during the cross
examination.
a. Direct examination
b. Cross-examination
c. Re-direct examination
d. Re-cross examination

58. The examination-in-chief of a witness by the party presenting him on the facts of the issue.
a. Direct examination
b. Cross examination
c. Re-direct examination
d. Re-cross examination

59. It is art of piecing together that is the invocation by the counsel of the rules logic and rhetoric in the combinations of
assumed facts as to reach ultimately the conclusion about the truth of a certain position.
a. Argument
b. Evidence
c. Proof
d. Testimony

60. What are the requisites of the admissibility of evidence?

a. What is relevant to the issue
b. That is competent
c. A and B
d. None of the above

61. Where a fact is admissible for one purpose and is admitted for another purpose.
a. Multiple admissibility
b. Conditional admissibility
c. Curative admissibility
d. None of the above

62. Some facts may be inadmissibility when they are presented but may be relevant only because they some connection
w/ other facts not yet presented.
a. Multiple admissibility
b. Conditional admissibility
c. Curative admissibility
d. None of the above

63. One may offer evidence w/c as inadmissibility but w/c is admitted because there is no objection form the opposite
parts.
a. Multiple admissibility
b. Conditional admissibility
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 c. Curative admissibility
d. None of the above

64. An, admission, verbal or written, made party in the course of the proceedings in the same case, and it requires proof.
a. True
b. False
c. Maybe
d. No

65. Establishes a detached fact in a series tending to prove the fact in dispute.
a. Direct evidence
b. Circumstantial evidence
c. Cumulative evidence
d. Partial

66. Are the rules of evidence the same, in criminal as well as in civil case?
a. Yes, the rules of evidence shall be the same in all courts and in all trial and hearings except as otherwise
provided by law or these rules.
b. Yes, the rules of evidence shall be same in all courts and in all trials and hearsay.
c. c. No, the rules of evidence shall be same in all courts and in all trials and hearsay
d. d. No, the rules of evidence shall not be the same in all the courts and in all trials and hearsay.

67. Are those other than the facts in issue and w/c are offered as a basic for inference as to existence of the in issue.
a. Collateral matters
b. Prospect ant matters
c. Concomitant matters
d. Retrospect ant matters

68. Are those proceeding of the fact in issue and pointing forward to it, like moral character, motive; conspiracy, etc.
a. Collateral matters
b. Prospect ant matters
c. Concomitant matters
d. Retrospect ant matters

69. Are those accompanying the fact in issue and pointing to it, like alibi, or opportunity and incompatibility.
a. Collateral matters
b. Prospect ant matters
c. Concomitant matters
d. Retrospect ant

70. Are those succeeding the fact in issue but pointing forward to it, like flight concealment,
behavior of the accused upon being arrested; finger prints or foot print.
a. Collateral matters
b. Prospect ant matters
c. Concomitant matters
d. None of the above

71. It is a contact whereby the parties, by making reciprocal concessions, avoid a litigation or put an end tone already
commenced.
a. Privies
b. Compromise
c. Document
d. Competent

72. It denotes not only the idea of succession in right of heirship or testamentary legacy, but also succession by virtue of
acts inter vivos, as by assignment, subrogation, or purchase.
a. Privies
b. Compromise
c. Document
d. Competent

73. It is an oral evidence of an agreement should be writing, without prejudice to certain exceptions.
a. Hearsay evidence
b. Best evidence
c. Parol evidence
d. Secondary evidence

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 74. These are the stances when parol evidence is allowed, exect for:
a. Where there is an intrinsic ambiguity, mistake or imperfection in the written agreement.
b. When there is a failure of the written agreement to express the true intent and agreement of the parties
thereto;
c. When there arises a question as to the validity of the written agreement
d. When there is no other terms agreed by the party’s or there successor’s in interest after the execution of
the written agreement

These are the stances when parol

evidence is allowed, exect for:
a. Where there is an intrinsic ambiguity,
mistake or imperfection in the written
agreement
b. When there is a failure of the written
agreement to express the true intent and
agreement of the parties thereto;
c. When there arises a question as to the
validity of the written agreement
d. When there is no other terms agreed
by the party’s or there successor’s in
interest
after the execution of the written
agreemen
These are the stances when parol
evidence is allowed, exect for:
a. Where there is an intrinsic ambiguity,
mistake or imperfection in the written
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agreement
b. When there is a failure of the written
agreement to express the true intent and
agreement of the parties thereto;
c. When there arises a question as to the
validity of the written agreement
d. When there is no other terms agreed
by the party’s or there successor’s in
interest
after the execution of the written
agreemen These are the stances when parol evidence is allowed, exect for:a. Where there is an intrinsic
ambiguity, mistake or imperfection in the written agreementb. When there is a failure of the written agreement to express
the true intent and agreement of the parties thereto;c. When there arises a question as to the validity of the written
agreementd. When there is no other terms agreed by the party’s or there successor’s in interest after the execution of the
written agreemen
75. It is one where the document refers to a particular person or thing but there are two or more persons having the same
names or two more things to which the description in the writing may apply.
a. Latent ambiguity or intrinsic ambiguity
b. Patent or intrinsic ambiguity
c. Intermediate ambiguity
d. None of the above

76. It is such ambiguity which is apparent on face the writing itself and requires something to be added in order to
ascertain the meaning of the words used.
a. Latent ambiguity or intrinsic ambiguity
b. Patent or intrinsic ambiguity
c. Intermediate ambiguity
d. None of the above

77. It is where the words of the writing through seemingly clear and with a settled meaning, is actually equivocal and
admits of two interpretation.
a. Latent ambiguity or intrinsic ambiguity
b. Patent or extrinsic ambiguity
c. Intermediation ambiguity
d. All of these

78. Inference which the law makes so peremptory that that it will not allow them to be overturned by any contrary proof
however strong.
a. Presumption
b. Conclusive presumption
c. Disputable presumption
d. All of these

79. Are those presumptions which may be disputed, apposed, reputed or rebutted.
a. Presumption
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 b. Conclusive presumption
c. Disputable presumption
d. All of these

80. When is expert evidence admissible?

a. The fact to be proved is one requiring expert knowledge and
b. The witness is really an expert
c. A and B
d. None of the above

81. It is a categorical acknowledgement of guilt made by an accused in a criminal cases, without any exculpatory
statement or explanation.
a. Admission
b. Confession
c. Judicial admission
d. Extrajudicial

82. Those made on the record, or in connection with the judicial proceeding in which it is offered.
a. Judicial admission
b. Admission
c. Confession
d. Extrajudicial

83. Those made elsewhere, irrespective of time, place, or to whom made.

a. Judicial admission
b. Admission
c. Confession
d. Extrajudicial

84. The totality of evidence presented for the consideration.

a. Quantum of proof
b. Quantum of evidence
c. Burden of proof
d. Burden of evidence

85. Refers to degree of proof required in order to arrive attract conclusion

a. Quantum of proof
b. Quantum of evidence
c. Burden of proof
d. Burden of evidence

PART II. ESSAY.

1. What is the Quantum of Evidence required in a) Criminal case and b) Civil Case? Explain.

2. What are the requisites for admissibility of evidence? Explain each.

3. Distinguish Burden of proof and burden of evidence.

4. Epad and two other suspects were rounded up in connection with a rape with homicide case. In the presence of the
mayor, the police, representatives of the media and Epad’s own wife and son, he confessed his guilt, disclosed
how he killed one Maria and volunteered to show them the place where he hid her bags. On arraignment,
however, appellant entered a plea of "not guilty." He testified that that afternoon, he was at his parent's
house attending the birthday party of his nephew. The confession was captured on videotape. The lower trial court
convicted the appellant and sentenced him to reclusion perpetua. Is Epad’s extrajudicial oral confession unassisted
by a counsel admissible as evidence?

5. X was accused of the crime of murder. The prosecution present edevidences such as the dead
body of the victim, the post-mortem report conducted by the coroner, the death certificate of the victim
from the hospital, and the sworn testimony of Y as the witness to the said crime, in order to provethat X indeed
committed the crime. What are the factum probandum and the factum probans in this case?

6. B1 and B2 had a confrontation in the office of B1. B2 secretly recorded their verbal confrontation and used it as
evidence in his action against B1, who in turn filed a criminal case against B2 for violation of R.A. 4200 (The

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Anti Wire Tapping Law). B2 held that the taping by a participant to a conversation is not covered by the law. Is
the recording admissible as evidence?

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