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
6. 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
7. 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
8. 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
9. 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
10. 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
11. 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
12. 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
13. Strictly speaking, it means the actual commission of the crime and someone criminally responsible therefore.
A. Alibi C. Deposition
B. Interrogatories D. Corpus delicti
14. 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
15. When object is relevant to the fact in issue, the following, except one must be done?
A. Exhibited C. Examined
B. Viewed D. Authenticated
16. 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
17. If private document is offered and admitted to prove its existence, condition or for any purpose other than the content of
the document, the same is considered ______
A. Documentary evidence C. Object evidence
B. Testimonial evidence D. Circumstantial evidence
18. What circumstances outside of the controversy are as reflected in the parties pleading, they draw away the mind of the
court from the point in issue thereby obscuring issues and making judicial trials injuriously prolonged
A. Collateral matter C. Judicial admission
B. Judicial notice D. Judicial confession
19. It is viewed with disfavor as it can easily be concocted and is commonly used as a defense in most prosecution arising from
the violation of drugs.
A. alibi C. frame up
B. self defense D. positive identification
20. 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
21. 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
22. It is any statement of fact made by a party against his interest or unfavourable to the conclusion for which he contends or
is inconsistent with the facts alleged by him.
A. Admission C. Declaration
B. Confession D. Information
23. It refers to identical confession of several accused without collusion.
A. Extra interlocking confession C. Extra judicial confession
B. Interlocking confession D. Judicial confession
24. What type of confession is one made in any other place or occasion and cannot sustain a conviction unless corroborated by
evidence of the corpus delicti . This is binding only upon himself and is not admissible against his co accused.
A. Extra interlocking C. Interlocking
B. Extra judicial D. Judicial
25. 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
26. For this evidence to prosper, two requisites must concur 1.the presence of the accuse in another place at the time of the
commission of the offense and 2 the physical impossibility for him to be at the scene of the crime at the time of its
commission.
A. Alibi C. Self defense
B. Frame up D. Positive identification
27. 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
28. 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
29. 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
30. 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
31. 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
32. It is the cognizance of certain fact which judges may properly take and act upon without proof.
A. Collateral matter C. Judicial admission
B. Judicial notice D. Judicial confession
33. 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
34. The court is mandated to take judicial notice
A. There is crisis in pre-need industry.
B. Before reaching a station ,buses slow down and the conductor announces the name of the station
C. That the Cebu lies in Visayan Region
D. The principle in fingerprint that no two persons having the same fingerprints
35. Which among the following is mandatory judicial notice?
A. Matter of public knowledge
B. Ought to be known to judges by reason of judicial function.
C. Capable of unquestionable demonstration
D. The geographical division
36. It is an admission, verbal or written made by a party in the course of the proceeding in the same case.
A. Extra judicial admission C. Judicial admission
B. Judicial confession D. Extra judicial confession
37. Which of the following can contradict judicial admission?
A. They were made through palpable mistake C. No such admission was made
B. They were made through negligence D. Both a and c E. All of these
38. What doctrine presumed that foreign law will be the same as the laws of the jurisdiction hearing the case?
A. Equipoise doctrine C. Doctrine of processual presumption
B. Falsa demonstratio non nocet D. Doctrine of negativing avernment
39. This court should also take judicial notice of municipal ordinance in force in the municipalities within their jurisdiction but
only when so required by law.
A. MTC C. RTC
B. CA D. SB
40. It is the declaration of an accused acknowledging his guilt of the offense charged. Or of any offense necessarily included
therein.
A. Admission C. Deposition
B. Confession D. Declaration
41. It is one which may be inferred from the declaration or acts of a person.
A. Express admission C. Implied admission
B. Judicial admission D. Extra judicial admission
42. It is the positive statement or act of the accused
a. Express admission c. implied admission
b. Judicial admission d. extra judicial admission
43. The following are the qualification of witness, except.
A. Capacity to perceive
B. Capacity to communicate his perception to others.
C. He must not possess the disqualification imposed by law
D. He must take an oath only
44. Under section 20 of RULE 130, who among the following is disqualified to testify?
A. Pedro whose religion is Mormons wants to testify against Juan
B. Kulas who is member of abu Sayaf group
C. Convicted of falsification of document,perjury or false testimony from being witness to last will and testament
D. The wife who will testify in favor of the husband
45. Which is not the requisites to be disqualified by reason of mental incapacity?
A. A person is incapable of making known his perception to others.
B. His incapacity exist at the time of his production for examination
C. His incapacity exist at the time of the commission of the crime
D. None of the above
46. It refers to communication received in confidence by a person from another by reason of trust or intimate relationship may
not be revealed to the court
A. Dead man/s statute C. Fruits of poisonous tree
B. Privileged D. Spousal immunity
47. On what ground a child may be disqualified as a witness?
A. Disqualification by reason of mental incapacity
B. Disqualification by reason of mental immaturity
C. Marital disqualification rule
D. Marital privilege communication rule
48. Which is not the requisites in order the dead man’s statute to be applicable?
A. The witness is a party or an assignor of a party.
B. The action is against an executor or an administrator of an estate
C. The testimony should refer to any matter of fact which occurred after the death of the deceased
D. The subject matter of the action is a claim or demand against the estate of the deceased
49. What evidence is admissible in best evidence rule?
A. The content of the writing C. The evidence aliunde
B. The original of the document D. The copy of a writing
50. What rule is applicable to all forms of contractual writing except the last will and testament?
A. Best evidence rule C. Hearsay rule
B. Opinion rule D. Parole evidence rule
51. The following are exception to the best evidence rule except.
A. When the original has been lost or destroy.
B. when the original is a public record in the custody of public officer or recorded in public office
C. When the original is in custody or under the control of the party against whom the evidence is offered and the latter
fail to produce it with or without notice
D. When the original consist of numerous account or other document which cannot be examined in court without great
lots of time and the fact sought to be established from them is only the general result of the whole
52. What is the secondary evidence when the original is public record in the custody of public officer or recorded in public
office?
A. Copy C. Summary
B. Certified true copy D. Recital
53. What is not considered an original of document?
A. An entry repeated in the course of business, one being copied from another at or near the time of the transaction.
B. A carbon copy of an application form
C. A document executed in triplicate at or about the same time with identical contents
D. None of the above
54. In absent of the original, what secondary evidence may present in court if the copy is not available?
A. Testimony of witness C. Recital
B. Xerox copy D. Summary
55. A party who calls for the production of a document and inspect the same is ______
A. Obliged to offer it as evidence. C. Not obliged to offer it as evidence
B. Option to offer it as evidence D. Discretion to offer it as evidence
56. Literally means the things done to stranger ought not to injure those who are not parties to them.
A. falsa demonstratio non nocet C. principle of independent relevant statement
B. Res inter alios acta D. Res ges tae
57. It is outside evidence which is introduced to prove a fact not appearing on the face of a document.
A. Secondary evidence C. Collateral matter
B. Evidence alliunde D. Substantial evidence
58. What is a rule which forbids any addition to or contradiction of the terms of a written instrument by testimony purporting
to show that, at or before the signing, of the document, other or different terms were orally agreed upon by the parties.
A. Best evidence rule C. Original of document
B. Parole evidence rule D. Secondary evidence.
59. It is that principle of law which disregard a secondary description which is wrong and added to one that is complete and
suffice whenever both description are embodied in the same instrument.
A. .Res inter aliosacta C. Falsus in uno, falsus in omnibus
B. Falsa demonstratio non nocet D. Equipoise rule
60. When general and particular provision is inconsistent .which one is controlling.
A. The general provision C. The particular provision
B. Subject to the discretion of the judge D. Subject to the agreement of the parties
61. When a document partly written and partly printed text and the two are inconsistent with each other, which shall prevail.
A. First entry C. Printed text
B. Latest entry D. Written text
62. When an instrument is equally susceptible of two interpretation, one in favor of natural right and the other against it, which
one is controlling.
A. In favor of the natural right C. Against the natural right
B. Subject to the discretion of the judge D. Subject to the agreement of the parties
63. Which of the following ambiguities is not apparent on the face of the document but which lies in the person or thing that is
the subject of the document or deed.
A. Intrinsic ambiguity C. Intermediate ambiguity
B. Extrinsic ambiguity D. Patent ambiguity
64. It has reference to the basic qualification of a witness as his capacity to perceive and his capacity to communicate his
perception to others.
A. Credible witness C. Competent witness
B. Material witness D. Legal witness
65. It refers to the weight and the trustworthiness or reliability of the testimony.
A. Credible witness C. Competent witness
B. Material witness D. Legal witness
66. It includes relationship family genealogy, birth, marriage, death, the dates when the places where these facts occurred and
the names of the relatives
A. Affinity C.Character
B. Reputation D. Consanquinity E. pedigree
67. A was wounded by an assailant ,immediately afterwards and while still at the scene of the crime he told a police officer
questioning him that he did not think his wound was serious or that he was going to die but subsequently he died from the
wounds in the prosecution against B for homicide B denied that he was assailant . The prosecution however, introduced the
policeman as a witness and the policeman testified on his above conversation with A. Is such testimony admissible against
B?
A. Yes as part of the res ges tae an exception to hearsay rule.
B. Yes, as dying declaration an exception to hearsay rule.
C. Yes , as declaration against interest ,an exception to hearsay rule
D. Yes, as act or declaration about pedigree
68. What rules states that, when the subject of inquiry is the content of document, No evidence is admissible other than the
original document itself.
A. Authenticated evidence C. Genuine evidence
B. Best evidence D. Parole evidence
69. It refers to spontaneous statement in connection with the starting occurrence relating to that fact and in effect forming part
thereof.
a. Dying declaration c. Declaration against interest
b. Res gestae d. Self-serving statement
70. Declaration against interest means.
a. Ante mortem examination c. Onus probandi
b. Ante litem motam d. Post mortem examination
71. It embraces statements accompanying an equivocal act material to the issue and giving it legal significance.
a. Part of the res gestae c. Dying declaration
b. Declaration against interest d. Act or declaration about pedigree
72. Marital disqualification rule is also known as
a. Dead man statute rule c. Fruit of the poisonous tree
b. Res inter alios acta d. Spousal immunity
73. The following, except one, are the authorized persons who cannot be examined without the consent of the patient under
doctor and patient privilege. Which is the exception?
a. A person authorize to practice medicine c. A person authorize to practice surgery
b. A person authorize to practice dentistry d. A person authorized to practice obstetrics
74. In order that the attorney’s secretary, stenographer, or clerk be examined, whose consent is necessary?
a. Client c. Judge
b. Employer d. All of them e. Both a and b
75. A minister or priest cannot be examined ,without the consent of the person making confession ,be examined as to any
confession made to or any advice given by him in his _________in the course of disciplined enjoined by the church to which
the priest or minister belong.
a. Professional employment c. Professional character
b. Professional capacity d. Professional regulation
76. All of the following except one are exception to the principle of res inter alios acta. Which is the exception.
a. Admission by co-partner or agent . c. Admission by a co conspirator
b. Admission by privies d. admission by silence
77. They are persons who are partakers or have an interest in any action or thing, or any relation to another
a. Parole c. Pedigree
b. Privies d. Plea
78. It is a contract whereby a parties by making a reciprocal concession avoid litigation and put an end to one already
commence
a. Privies c. Agreement
b. Compromise d. settlement
79. In what case an offer of compromise of the accused may be received in evidence as an implied admission of guilt
a. civil case c. administrative case
b. criminal case d. special proceeding
80. Which of the following statements is not true?
a. An offered of marriage is admission of guilt
b. Liability under BP 22 may be compromised
c. An accepted plea of guilty to a lesser offense ,is not admissible in evidence against the accused who made the plea or
offer
d. a plea of guilty later withdrawn ,is admissible in evidence against the accused who made the plea
81. X makes a statement before the media admitting his participation in a previous murder .the rest of his statements pointing
Y and Z as co participants in the murder. Which statement is admissible in evidence in court?
a. X statement admitting his participation in a previous murder
b. X statement pointing y as co participant in murder case
c. X statement pointing Z as co participant in Murder case
d. All of the above
82. In the above problem, X statement pointing to Y and Z as co participant in the murder case are not admissible in evidence
against them. Under the principle of _________
a. Good samaritan rule c. Res inter alios acta
b. Evidence of similar act d. falsa demonstratio non nocet
83. The rule of res inter alios acta has reference to __________.
a. Judicial declaration c. Extra judicial declaration
b. any declaration d. Statement in open court
84. What do you call to a privilege of the descendant not to testify against the ascendant?
a. Parental privilege c. Parental and filial privilege
b. Filial privilege d. Descendant privilege
85. Which is not the requisites of admission by a co-conspirator?
a. the declaration or act be made or done during the existence of conspiracy
b. The declaration or act must relate to the conspiracy
c. The conspiracy must be shown by evidence other than the act or declaration
d. None of the above
86. Where one derives title to property from another, the act declaration or omission of the latter, while holding the title, in
relation to the property, is evidence against the former.
a. Admission by silence c. Admission by conspirator
b. Admission by co-partner or agent d. Admission by privies
87. It is one that is not based on the personal perception but based on the knowledge of others to prove the truth of the matter
asserted in out of court declaration.
a. Opinion evidence c. Hearsay evidence
b. Character evidence d. Parole evidence
88. Which among the following are the concept of hearsay?
a. any evidence, whose probative value is not based on the personal knowledge of the witness but on the knowledge of
some other person not on the witness stand
b. all assertions, which have not been subject to cross-examination by the adversary at the trial in which they are being
offered against him
c. Any evidence based on the personal knowledge or personal conclusions of the witness based on his skill, training or
expression.
d. Some of these
e. All of these
89. What is commonly known as dying declaration?
a. Articulo mortis c. Lividity mortis
b. Resgestae d. Ante litem motam e. Ante mortem statement
90. Siokoy as seaman, was last heard in the year 2000. It is unknown whether or not siokoy is still alive, he can be presumed
dead as a general rule in.
a. 2004 c. 2005
b. 2007 d. 2010
91. In the above case, siokoy shall be presumed dead for the purposes of the opening of his succession in
 a. 2004 c. 2005
b. 2007 d. 2010
92. Assuming that Siokoy disappeared after 75 years ,when may his succession be opened.
a. 2004 c. 2005
b. 2007 d. 2010
93. If a married person has been absent for ______, the spouse present may contract a subsequent marriage if he or she has a
well-founded belief that the absent spouse is ALREADY DEAD.
a. 2 consecutive years c. 2 cumulative years
b. 4 consecutive years d. 3 cumulative years
94. The marriage was dissolved by the death of Pedro, the widowed wife, Petra, contacted another marriage with Bruno within
300 days after the death of Pedro junior was born after Petra’s marriage with Bruno. Junior shall be presumed to be the
child of Pedro if.
a. Junior was born after 180 days after the marriage of Petra with Bruno, provided it be within 300 days after the death of
Pedro.
b. Junior was born after 180 days after the marriage of Petra with Bruno, even if he was born 300 days after the death of
Pedro.
c. junior was born before 180 days after the marriage of Petra with Bruno, provided it be within 300 days after the death
of Pedro
d. Junior was born after 300 days after the death of Pedro.
95. What kind of presumption that is satisfactory unless overcome by other evidence.
a. Presumption juris c. Presumption hominis
b. Conclusive presumption d. Disputable presumption
96. How many years are required to establish by common reputation the matter of public interest?
a. At least 30 years old c. At least 20 years old
b. More than 20 years old d. More than 30 years old
97. An ordinary witness can give an opinion as to the identity of a person about whom he has ________
a. Sufficient familiarity c. Sufficiently acquainted
b. Adequate knowledge d. Sufficient knowledge
98. When the purpose for introducing the out of court statement is not to prove the truth of the fact asserted therein but only
the making of the statements. These are so called
a. Principle of shorthand rendering of fact c. Independent relevant statements
b. Hearsay d. Tender of excluded evidence
99. D was prosecuted for homicide for allegedly beating up V to death with an iron pipe. Who may prove his good moral
character which is pertinent to the moral trait involve in the offense charged?
a. D c. V
b. Prosecution d. All of them
100.In the above problem, whose good and bad character may be proved if it tends in to establish in any reasonable degree the
probability or improbability of the offense charged.
a. D c. V
b. Prosecution d. All of them