ASIAN PREMIER PROFESSIONAL b.

Corraborative evidence of the facts therein stated

c. Disputable evidence of the facts therein stated
EDUCATIONAL BUILDERS, INC. d. Conclusive evidence of therein stated
3rd Floor Verde’s Furniture Bldg. Brgy. Bantug Norte, 9. Which of the following is the proof of official
Cabanatuan City, N.E record ?
“Por Dios, Patria, Ambiente et Publico”
a. By a copy attested by the officer having custody
of the record
CRIMINAL EVIDENCE b. By a copy attested by his deputy
c. All of these
INSTRUCTIONS: Select the correct answer for each of the d. By official publication thereof
following question. Mark only one answer for each item by 10. Which is not the method to impeach judicial
shading the box corresponding to the letter of your choice on record
the answer sheet provided. STRICTLY NO ERASURE a. Want of jurisdiction in the court or judicial
ALLOWED. officer,
b. Collusion between the parties, or
1. To impeach the witness means.
c. Fraud in the party offering the record, in respect
a. To remove the witness
to the proceedings.
b. To destroy the witness
d. Vitiation of consent
c. To discredit the witness
11. A witness is allowed to refer to memorandum to
d. To disqualify the witness
refresh his memory.
2. Which is not the mode of impeaching the
a. Respecting a matter of law
adverse party witness?
b. Respecting the opinion of an expert
a. prior inconsistent statement
c. Respecting a matter of fact recorded by his
b. contradictory evidence
superior
c. evidence of bad reputation
d. Respecting a matter of fact recorded a long time
d. evidence of particular wrongful act
ago
3. Refers to statements, oral or documentary made
12. It pertains to situation where the court has
by the witness sought to be impeached on
refused to admit evidence offered by a party.
occasion other than the trial in which he is
a. Offered of proof
testifying
b. Offered of evidence
a. Contradictory evidence
c. burden of proof
b. Inconsistent testimony
d. burden of evidence
c. Evidence of bad character
13. When documentary or object evidence is refused
d. evidence of particular wrongful act
to admit by the court how tender of excluded
4. A witness may be considered as unwilling or
evidence is made.
hostile only if so declared by the court upon
a. It may have the same attached to or made part of
adequate showing of any of the following except
the record
a. of his adverse interest,
b. It may state for the record the name and other
b. unjustified reluctance to testify,
personal circumstances of the witness and
c. his having mislead the party into calling him to
substance of the propose testimony
the witness stand.
c. It may have the same detached from the record
d. With inconsistent statement
d. It may have the same stricken out from the
5. Which among the following questions can be
record
asked only to the expert witness ?
14. A trial court cannot take into consideration in
a. Argumentative question
deciding a case an evidence that has not been
b. Leading question
formally offered. When is testimonial evidence
c. Misleading question
formally offered?
d. Hypothetical question
a. At the time the witness is called to testifies
6. The mode of impeaching a witness by prior
b. After documentary evidence is presented
inconsistent statement is called.
c. After object evidence is presented
a. Laying foundation
d. After termination of testimonial evidence
b. Laying predicate
15. What is the process by which a proponent tells
c. Contradictory evidence
the court the evidence that he is going to submit
d. Evidence of bad character
in support of his stand?
7. Whenever a writing is shown to a witness, it
a. Offer of proof
may be inspected by the
b. formal offer of evidence
a. Judge
c. Presentation of evidence
b. Prosecutor
d. burden of evidence
c. Adverse party
16. What is the proper time to make a protest or
d. Proponent
objection to a question propounded in the course
8. Documents consisting of entries in public
of the oral examination of a witness?
records made in the performance of a duty by a
a. As soon as the ground therefore become
public officer are called
reasonably apparent
a. prima facie evidence of the facts therein stated.
b. Immediately after the offer is made c. dying declaration
c. Within 3 days after the notice of the offer unless d. common reputation
a different period is made 24. What is a quantum of evidence in a petition for
d. Within 5 days after notice of offer writ of amparo ?
17. Which is not a public document? a. Proof beyond reasonable doubt
a. The written official acts or records of the official b. Substantial evidence
acts of the sovereign, authority official bodies c. Clear and convincing evidence
and tribunal and tribunals whether in the d. Preponderance of evidence
Philippines or of foreign country. 25. The evidence that produces in the mind of trier
b. Document acknowledge before a notary public of fact a firm belief or conviction as to allegation
c. Last will and testament sought to be established is called .
d. Public record of private document a. Proof beyond reasonable doubt
18. Which of the following document is admissible b. Substantial evidence
in evidence without further proof of its due c. Clear and convincing evidence
execution. d. Preponderance of evidence
a. Private document 26. Which among the following is an extra judicial
b. Commercial document admission ?
c. public document a. Admission in pre trial
d. official document b. Admission in deposition
19. When is the authentication of a private document c. Admission made by a party in another judicial
offered in evidence not required ? proceeding .
a. When it is offered as an authentic document d. Admission in the answer to the complaint
b. When it is more than 30 years old,produced from 27. Judicial admission is conclusive upon the
the custody in which it would naturally be found admitter Unless,
if genuine ,and is unblemished by any alteration a. Contradict by showing that it was made through
or circumstances of suspicion. intentional mistake
c. when it is less than 30 years old at the time of its b. Contradict by showing that it was made through
presentation palpable mistake
d. When it is at least 30 years old produced from c. Contradict by showing that made through
the custody in which it would naturally be found unintentional mistake
if genuine ,and is unblemished by any alteration d. Contradict by showing that the mistake did not
or circumstances of suspicion change the meaning of the message
20. Z was charged with robbery with rape . He took 28. The following are requisites for admissibility of
the stand on his own behalf testified on the abject evidence ,except
alleged rape robbery .on what matters may the a. The evidence must be relevant
prosecution cross examine the accused b. The evidence must be authenticated
a. Only on matters touched upon by Z in his direct c. The authentication must be made by a competent
testimony witness
b. Matters involving the alleged rape d. The object must be formally offered in evidence
c. Matters involving Z and other relevant matters 29. The result of polygraph test when offered in
d. All of the above evidence for the purpose of establishing the guilt
21. The rule on evidence provided an exception to or innocence of the accused .
the general rule that the party is not allowed to a. Should be rejected because it has not yet attained
impeached his or her own witness which one is scientific acceptance as a reliable and accurate
not among the exception. means of ascertaining the truth and deception
a. Witness required by law b. Should be accepted because it has attained
b. Witness who is ignorant scientific acceptance as a reliable and accurate
c. Adverse party witness means of ascertaining the truth
d. Unwilling or hostile witness c. Should be accepted when approved by the court
22. which among the following is considered d. Should be rejected because polygraph test is
number one in the hierarchy of evidence? unreliable
a. . Substantial evidence 30. For writing or material to be considered as
b. Preponderance of evidence evidence the same must be offered as .
c. Clear and convincing evidence a. Proof of their existence
d. Proof beyond reasonable doubt b. Proof of their content
23. supposing the crime charged is rape with c. Proof of their condition
homicide that includes also the death of the d. All of the above
victim. But the victim before her death tells he 31. What document is admissible in court without
doctor, I was raped by pedro. what kind of further proof of its due execution?
exception to the hearsay rule the declaration of a. Private document
the victim? b. Public document
a. Part of the res gestae c. Commercial document
b. declaration against interest d. Official document
32. The picture seat plan ,prepared by officers of the d. Official document
Civil Service Commission in implementing a 40. Testimonial evidence is sometimes called
government examination is what kind of a. Real evidence
document? b. Viva voce evidence
a. Private document c. Demonstrative evidence
b. Public document d. Autoptic preference
c. Commercial document 41. As general rule a person who take the stand as a
d. Official document witness is presumed to be
33. What type of evidence is the entries made by a a. Not qualified as a witness
government forensic chemist in a chemistry b. Qualified as a witness
report ? c. Competent as a witness
a. Conclusive evidence d. Incompetent as a witness
b. Prima facie evidence 42. Any person who at the time of giving testimony
c. Cumulative evidence is over 18 years but is found by the court unable
d. Corroborative evidence to fully take care of himself or protect himself
34. Any public record ,an official copy of which is from abuse, neglect,, cruelty,,exploitation or
admissible in evidence ,must not be removed discrimination because of physical and mental
from the office in which it is kept except . disability or condition is called
a. Upon order of a head of the office where the a. Adult witness
inspection is essential to the just determination of b. Child witness
a pending case c. Ordinary witness
b. Upon order of a court where the inspection of d. Expert witness
the record is essential to the just determination of 43. When the court finds that substantial doubt exist
a pending case regarding the ability of the child to
c. Upon order of a DOJ where the inspection is perceive,remember,communicate,distinguish
essential to the just determination of a pending truth from falsehood ,or appreciate the duty to
case tell the truth in court .the court shall conduct.
d. Upon request of a prosecutor where the a. Competency examination of the child
inspection of the record is essential to the just b. Credibility examination of the child
determination of a pending case c. Qualification examination of the child
35. Which is not the mode of explaining the d. Relevancy examination of the child
alteration in the document? 44. Which of the following shall take the place of
a. The alteration was made by another without his direct testimonies of the witness?
concurrence a. Affidavit
b. The alteration was made with the consent of the b. Judicial affidavit
parties affected by it c. Counter affidavit
c. The alteration was otherwise properly or d. Sworn statement
innocently made 45. It is a solemn and a formal declaration that the
d. The alteration change the meaning or language witness will tell the truth .
of the instrument a. Oath
36. A document written in unofficial language shall b. Affirmation
not be admitted as evidence unless it is c. Pledge
accompanied by. d. Sworn
a. English c. Filipino 46. A statement by the debtor before he died that he
b. Filipino or English d. Filipino and English owes the creditor a sum of money when heard
37. Which is not the record of judicial proceeding? upon by Juan and introduced in court to prove
a. Official entries the truth of the statement is hearsay but
b. Official files admissible in evidence under.
c. Official act of judicial officers a. Act or declaration about pedigree
d. Judgment of the court b. Common reputation
e. Official transcript c. Declaration against interest
38. Which is not the ways of impeaching judicial d. Res gestae
record? 47. Which among the following is not the evidence
a. Lack of jurisdiction in the court or judicial of common reputation?
officer a. Matter of public and general interest
b. Collusion between the parties b. Matter respecting marriage or moral character
c. fraud in the party offering the record c. Monument and inscription
d. Vitiation of consent d. Entries in family bible
39. It has been settled that church registries of births, 48. Initially obligation of the prosecutor but it will
marriages and deaths are __________ shift to defense .
a. Public document a. Burden of proof
b. Private document b. Burden of evidence
c. Commercial document c. Tender of excluded evidence
d. Formal offer of evidence . d. falsa demonstratio non nocet
49. What type of objection is one directed against 57. The rule of res inter alios acta has reference to
the formulation of the question ? __________.
a. Substantive objection a. Judicial declaration
b. Formal objection b. Extra judicial declaration
c. General objection c. any declaration
d. Specific objection d. Statement in open court
50. When the testimony was allowed conditionally 58. Where one derives title to property from another,
and the condition for its admissibility was not the act declaration or omission of the
fulfilled. the remedy is _____ latter ,while holding the title ,in relation to the
a. A motion to strike property ,is evidence against the former .
b. A motion for continuance a. Admission by silence
c. A motion to quash b. Admission by conspirator
d. A motion to dismiss c. Admission by co partner or agent
51. They are persons who are partakers or have an d. Admission by privies
interest in any action or thing ,or any relation to 59. It is one that is not based on the personal
another . perception but based on the knowledge of others
a. Parole to prove the truth of the matter asserted in out of
b. Pedigree court declaration .
c. Privies a. Opinion evidence
d. Plea b. Hearsay evidence
52. it is a contract whereby the parties ,by making c. Character evidence
reciprocal concession ,avoid a litigation or put an d. Parole evidence
end to one already commenced 60. What is commonly known as dying declaration ?
a. Negotiation a. Articulo mortis
b. Agreement b. Lividity mortis
c. Compromise c. Resgestae
d. Settlement d. Ante litem motam
53. In what case an offer of compromise of the e. Ante mortem statement
accused may be received in evidence as an 61. It includes relationship family
implied admission of guilt genealogy ,birth,marriage ,death, the dates when
a. civil case the places where these facts occurred and the
b. administrative case names of the relatives
c. criminal case a. Affinity
d. special proceeding b. Character
54. Which of the following statements is not true? c. Reputation
a. An offered of marriage is admission of guilt d. Consanquinity
b. Liability under BP 22 may be compromised e. Pedigree
c. An accepted plea of guilty to a lesser offense ,is 62. . A was wounded by an assailant ,immediately
not admissible in evidence against the accused afterwards and while still at the scene of the
who made the plea or offer crime he told a police officer questioning him
d. a plea of guilty later withdrawn ,is admissible that he did not think his wound was serious or
in evidence against the accused who made the that he was going to die but subsequently he died
plea from the wounds in the prosecution against B for
55. X makes a statement before the media admitting homicide B denied that he was assailant . the
his participation in a previous murder .the rest of prosecution however , introduced the policeman
his statements pointing Y and Z as co as a witness and the policeman testified on his
participants in the murder . Which statement is above conversation with A . Is such testimony
admissible in evidence in court? admissible against B
a. X statement admitting his participation in a a. yes as part of the res ges tae an exception to
previous murder hearsay rule.
b. X statement pointing y as co participant in b. Yes, as dying declaration an exception to hearsay
murder case rule.
c. X statement pointing Z as co participant in c. Yes , as declaration against interest ,an exception
Murder case to hearsay rule
d. All of the above d. Yes, as act or declaration about pedigree
56. In the above problem ,X statement pointing to Y 63. It refers to spontaneous statement in connection
and Z as co participant in the murder case are not with the starting occurrence relating to that fact
admissible in evidence against them . Under the and in effect forming part thereof.
principle of _________ a. Dying declaration
a. Good samaritan rule b. Declaration against interest
b. Res inter alios acta c. Res gestae
c. Evidence of similar act d. Self serving statement
64. Declaration against interest means. 73. It is the obligation of a party to present evidence
a. Ante mortem examination on the facts in issue necessary to establish his
b. Onus probandi claim or defense by the amount of evidence
c. Ante litem motam required by law ?
d. Post mortem examination a. Burden of proof
65. it embraces statements accompanying an b. Burden of evidence
equivocal act material to the issue and giving it c. Formal offer
legal significance. d. Offer of evidence
a. Part of the res gestae 74. what is the deduction which the law expressly
b. Dying declaration directly to be made from particular fact?
c. Declaration against interest a. Conclusive presumption
d. Act or declaration about pedigree b. Disputable presumption
66. What presumption is satisfactory unless c. Presumption juris
overcome by other evidence? d. Presumption hominis
a. Presumption juris 75. Refers to the cause and surrounding
b. Presumption hominis circumstances of the declarants death, made
c. Conclusive presumption under the consciousness of an impending death
d. Disputable presumption a. Ante litem motam
67. How many years are required to establish by b. Things done
common reputation the matter of public interest? c. Ante mortem statement
a. At least 30 years old d. Articulo mortis
b. At least 20 years old 76. This estoppel arises from the negligence or
c. More than 20 years old omission to assert a right within a reasonable
d. More than 30 years old time, warranting a presumption that the party
68. An ordinary witness can give an opinion as to entitled to assert it either has abandoned it or
the identity of a person about whom he has declined to assert it.
________ a. Estoppel in tenant
a. Sufficient familiarity b. Estoppel in pais
b. Sufficiently acquainted c. Estoppel in laches
c. Adequate knowledge d. estoppel in deed
d. Sufficient knowledge 77. In civil case, upon whom the burden of proof
69. when the purpose for introducing the out of court rests, if the defendant raises a negative defense.
statement is not to prove the truth of the fact a. the plaintiff has the burden of proof to show
asserted therein but only the making of the the truth of his allegation
statements. These are so called b. the defendant has the burden of proof.
a. Principle of shorthand rendering of fact c. the burden of proof lies on the prosecution
b. Independent relevant statements because the defendant is entitled to presumption
c. Hearsay of innocence
d. Tender of excluded evidence d. the burden of proof rest upon the party who
70. D was prosecuted for homicide for allegedly will be defeated if no evidence is introduced.
beating up V to death with an iron pipe . 78. What is the principle that negative allegation
who may prove his good moral character which is need not be proved ?
pertinent to the moral trait involve in the offense a. Principle of negativing averement
charged ? b. Principle of negative repute
a. D c. Principle of estoppel
b. V d. Doctrine of res ipsa loquitur
c. Prosecution 79. What presumption will arise in favor of the of 20
d. All of them years old victim who was run over while
71. In the above problem, whose good and bad crossing the road?
character may be proved if it tends in to establish a. That a person is innocent of a crime or wrong;
in any reasonable degree the probability or
improbability of the offense charged . b. That unlawful act was done in an unlawful
a. D intent;
b. V c. That a person intends the ordinary consequences
c. Prosecution of his voluntary acts;
d. All of them d. That a person takes ordinary care of his
72. In the above problem ,the prosecution may not concerns;
prove the bad character of the accused unless 80. Siokoy as seaman, was last heard in the year
In._____ 2000. It is unknown whether or not siokoy is still
a. Sur rebuttal alive, he can be presumed dead as a general rule
b. Rebuttal in.
c. Direct examination a. 2004
d. Cross examination b. 2005
c. 2007 87. Supposed in the above case ,their respective age
d. 2010 and sex are the following whom do you
81. In the above case ,siokoy shall be presumed presumed to have survived ?
dead for the purposes of the opening of his a. Mario 25
succession in
a. 2004 b. Juan 20
b. 2005 c. Peter 30
c. 2007
d. 2010 d. Pedro 40
82. Assuming that Siokoy disappeared after 75 years 88. Supposed in the above case, their respective age
,when may his succession be opened. and sex are the following, .whom do you
a. 2004 presumed to have survived?
b. 2005 a. Pedro 61
c. 2007
d. 2010 b. Peter 14
83. If a married person has been absent for ______, c. Juan 20
the spouse present may contract a subsequent
marriage if he or she has a well-founded belief d. Maria 62.
that the absent spouse is ALREADY DEAD. 89. A procedure undertaken by a party normally
a. 2 consecutive years through a lawyer if the evidence is excluded by
b. 2 cumulative years the court wherein the offeror may have the same
c. 4 consecutive years attached to or made part of the record .if the
d. 4 cumulative years evidence excluded is oral ,the offeror may state
84. The marriage was dissolved by the death of for the record the name and other personal
Pedro, the widowed wife, Petra, contacted circumstances of the witness and substance of
another marriage with Bruno within 300 days proposed testimony
after the death of Pedro junior was born after a. dead man statute
Petra’s marriage with Bruno. Junior shall be b. Notarization
presumed to be the child of Pedro if. c. Offer of evidence
a. junior was born after 180 days after the marriage d. tender of excluded evidence
of Petra with Bruno, provided it be within 300 90. The examination of the witness presented for
days after the death of Pedro. trial or hearing shall be done in.
b. junior was born after 180 days after the marriage a. Before the judge
of Petra with Bruno, even if he was born 300 b. Before inferior court
days after the death of Pedro. c. In open court
c. junior was born before 180 days after the d. Member of the bar
marriage of Petra with Bruno, provided it be 91. Which among the following is considered the
within 300 days after the death of Pedro most important right of the witness?
d. junior was born after 300 days after the death of a. Right against self degradation
Pedro. b. Right not to be detain longer than the interest of
85. The following persons, with their age and sex, justice
perished in the same calamity, and it is not c. Right against self incrimination
shown who died first and there are no particular d. Right not to be examined except on matter
circumstance from which it can be inferred, who pertinent to the issue
among the following persons shall be presumed 92. It is a document which is more than 30 years old
to have survived found in the proper custody and unblemished by
a. Pedro age 62 any alteration or circumstances of suspicion .
a. Conclusive
b. Juan age 61 b. Disputable
c. Petra age 14 c. Ancient
d. Antique
d. Mario age13 93. It convert the private document into a public one
86. Supposed in the above case ,their respective age a. Dead man’s statute
and sex are the following, whom do you b. Notarization
presumed to have survived ? c. Offer of evidence
a. Petra 20 d. Signature
94. It states when part of an
b. Juana 30 act ,declaration ,conversation writing or record is
c. Pedro 40 given in evidence by one party ,the whole of the
same subject may be inquired into by the other.
d. Mario 25 a. Completeness
b. Independent relevant statement
c. Laying predicate
 d. Privileged communication
95. What is the examination in chief of a witness by
the party presenting him on the facts relevant to
the issue which is performed by the party
presenting him.
a. Cross examination
b. Direct examination
c. Re cross examination
d. Re direct examination
96. Who perform the cross examination?
a. Offended party
b. Aggrieved party
c. adversed party
d. Prosecution party
97. It is done by the party calling the witness ,to
explain or supplement the answer given during
the cross examination
a. cross examination
b. Re cross examination
c. direct examination
d. Re direct examination
98. What is done by the adverse party to the witness
on matters stated in his direct examination?
a. cross examination
b. re cross examination
c. direct examination
d. re direct examination
99. One which assume as true a fact not yet testified
to by the witness ,or contrary to that which he
has previously stated
a. Leading question
b. Hypothetical question
c. Misleading question
d. Argumentative question
100.The testimony of single witness is-
a. Never credible
b. Is always credible
c. Can be credible only if corroborated
d. May be believed even if not corroborated

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