GROUP 7: MCQ

1. The following are matters which the court shall take judicial notice mandatorily, except one:

a. The existence and territorial extent of states

b. Matters which are ought to be known to judges because of their judicial functions

c. Forms of government and symbols of nationality

d. The admiralty and maritime courts of the world and their seals

Legal Basis: Section 1, Rule 129, Amended Rules on Evidence

2. The kind of evidence which is directly addressed to the senses of the court and consists of
tangible things exhibited, viewed, or demonstrated in open court.

a. Documentary evidence

b. Object evidence

c. Testimonial evidence

d. Direct evidence

Legal Basis: Section 1, Rule 130, Amended Rules on Evidence

3. The original document must be produced in this instance:

a. When the subject of the inquiry is the contents of a document, writing,

recording, photograph, or other record.

b. When the original is lost or destroyed, or cannot be produced in court, without

bad faith on the part of the offeror.

c. When the original is a public record in the custody of a public officer or is

recorded in a public office

d. When the original is not closely related to a controlling issue.

Legal Basis: Section 3, Rule 130, Amended Rules on Evidence

4. The following are the instances that if put in issue in a verified pleading, may a party present
evidence to modify, explain or add to the terms of the written agreement, except one:

a. An intrinsic ambiguity, mistake or imperfection in the written agreement

b. The failure of the written agreement to express the true intent and agreement
of the parties thereto

c. The validity of the written agreement

d. The existence of other terms agreed to by the parties or their successors in

interest before the execution of the written agreement.

Legal Basis: Should have been after. Section 10, Rule 130, Amended Rules on Evidence

5. This rule provides that when the terms of an agreement have been reduced to writing, it is
considered as containing all the terms agreed upon and there can be, between the parties and
their successor in interest, no evidence of such terms other than the contents of the written
agreement.

a. Parol Evidence Rule

b. Ancient Document Rule

c. Berry Rule

d. Laying of the Predicate Rule

Legal Basis: Section 10, Rule 130, Amended Rules on Evidence

6. Testimony of one present that he did see or hear that which is claimed to have occurred.

a. Hearsay testimony

b. Expert testimony

c. Positive testimony

d. Negative testimony

Legal Basis: Eisma vs. Ocampo, CR-02381, May 29, 1986

7. Who is an instrumental witness?

a. A witness who plays the instrument.

b. A witness who does not merely attest to the signature of the testator, but also
to the signature of the testator

c. A witness who recreates the emotion at the time of the original incident

d. An accomplice who gives evidence in criminal proceeding, usually in the

expectancy of lighter punishment or pardon.

Legal Basis: Cuevas vs. Achacoso, 88 Phil 730

8. The following are exceptions to the Hearsay Evidence Rule, except one:

a. Dying declaration

b. Acts or declaration about pedigree

c. Entries in the course of business

d. Testimony or deposition at a subsequent proceeding

Legal Basis: Should be former proceeding. Section 49, Rule 130, Amended Rules
on Evidence

9. It refers to statements made by the participants or victims of, or the spectators to, a crime
immediately before, during, or after its commission.

a. Hearsay

b. Res gestae

c. Dying declaration

d. Pedigree

Legal Basis: People of the Philippines vs. Romeo Calinawan, GR No. 226145,
February 3, 2017
 10. It is evidence which is more convincing to the court as worthier of belief than that
which is offered in opposition thereto.

a. Substantial evidence

b. Preponderance of evidence

c. Proof beyond reasonable doubt

d. Clear and convincing evidence

Legal Basis: Nenita Gonzales, et al. vs. Mariano Bugaay and Lucy Bugaay, GR
No. 173008, February 22, 2012

GROUP 6 MCQ

1. A party may present evidence to modify, explain or add to the terms of written
agreement if he or she puts in issue in a verified pleading except:

a) An intrinsic ambiguity, mistake or imperfection in the written agreement.

(b) The failure of the written agreement to express the true intent and agreement
of the parties thereto.

(c) When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice.

LEGAL BASIS: Rule 130, Section 10 of the Revised Rules on Evidence

Section 10. Evidence of written agreements. — When the terms of an agreement have
been reduced to writing, it is considered as containing all the terms agreed upon and
there can be, as between the parties and their successors in interest, no evidence of such
terms other than the contents of the written agreement.

However, a party may present evidence to modify, explain or add to the terms of
written agreement if he or she puts in issue in a verified pleading:

(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;

(b) The failure of the written agreement to express the true intent and agreement of the
parties thereto;

(c) The validity of the written agreement; or

 (d) The existence of other terms agreed to by the parties or their successors in interest
after the execution of the written agreement.

The term "agreement" includes wills.

2. How can an original document be proven when it is on the possession of a public

officer?

a. He can produce another document other than the original document.

b. The contents of the original document my be proved by a certified copy

issued by the public officer in custody thereof.

c. The contents of the original copy may be presented in a xerox copy.

LEGAL BASIS: Rule 130, Section 8.

Section 8. Evidence admissible when original document is a public record. — When the original
of document is in the custody of public officer or is recorded in a public office, its contents may
be proved by a certified copy issued by the public officer in custody thereof.

3. Is religious or political belief considered to be one of the grounds in which a witness

may be disqualified?

a. Yes.

b. Maybe.

c. No.

LEGAL BASIS: Rule 130, Section 21

Section 21. Witnesses; their qualifications. — All persons who can perceive, and
perceiving, can make their known perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or conviction of a crime
unless otherwise provided by law, shall not be ground for disqualification.

4. The effects of an interlocking confessions are the following except:

a) They are object evidence against the persons implicated therein, of

his participation in the crime. Thus, the identical confessions of 3 accused
are admissible against X who was mentioned by all 3 as the master mind.
 b) Circumstance or factor in gauging the credibility of the testimony of
another accused and of witnesses.

c) Each confession is evidence against all confessants.

LEGAL BASIS:

The effects are as follows:

a) They are circumstantial evidence against the persons implicated therein, of his
participation in the crime. Thus, the identical confessions of 3 accused are
admissible against X who was mentioned by all 3 as the master mind.

b) Circumstance or factor in gauging the credibility of the testimony of another

accused and of witnesses

c) Each confession is evidence against all confessants.

5. Are the terms oath and affirmation the same?

a) No.

b) Yes.

c) Maybe.

LEGAL BASIS:

An oath is an outward pledge made under an immediate sense of responsibility to

God or a solemn appeal to the Supreme Being in attestation of the truth of some
statement. (Black’s Law Dictionary, 5th Ed., p. 966). It states, “So help me God”.

An affirmation is a substitute for an oath and is solemn and formal declaration that
the witness will tell the truth. (Black’s Law Dictionary, 5th Ed., p. 55)

NOTE: The option to take either an oath or affirmation is given to the witness and
not to the court. (Riano, 2016)
6. The following statements are correct about the One Day Examination of a Witness
Rule except:

a) This rule requires that a witness has to be fully examined in one (1)
day only.

b) This rule shall be strictly adhered to subject to the courts’ discretion

during trial on whether or not to extend the direct and/or cross-
examination for justifiable reasons.

c) On the first hearing day allotted for each party, he is required to make
his formal offer of evidence after the presentation of his last witness and
the opposing party is required to immediately interpose his objection
thereto.

LEGAL BASIS: In the case of EQUITABLE PCI BANK, INC.,

vs. JUDGE CELSO D. LAVIÑA, Presiding Judge of Branch 71, Regional Trial
Court of PASIG CITY

The “one day examination of witness” rule requires that a witness has to be fully
examined in one (1) day only. This rule shall be strictly adhered to subject to the
courts’ discretion during trial on whether or not to extend the direct and/or cross-
examination for justifiable reasons. On the last hearing day allotted for each party,
he is required to make his formal offer of evidence after the presentation of his last
witness and the opposing party is required to immediately interpose his objection
thereto.

7. Are composite sketches considered to be a hearsay?

a) Yes.

b) No.

c) Maybe.

LEGAL BASIS: Rule 130, Section 37

Section 37. Hearsay – Hearsay is a statement other than one made by the declarant
while testifying at a trial or hearing, offered to prove the truth of the facts asserted
therein. A statement is (1) an oral or written assertion or (2) a non-verbal conduct of
a person, if it is intended by him or her as an assertion. Hearsay evidence is
inadmissible except as otherwise provided in the Rules.
 REASON: Composite sketches are hearsay because the sketch is drawn by a police
artist based on what he has been told by a victim or witness.

8. 5 months after the said crime, Berto makes a statement before the media admitting
his participation in a previous murder, his statement is admissible against him under Sec.
27 of Rule 130. Is the rest of his statement pointing to Y and Z as co-participants in the
murder admissible against them?

a) Yes, because they are considered to be conspirators in the crime of

murder.

b) No, because of the first branch of the res inter alios acta rule in Sec.
29 of Rule 130.

c) Maybe.

LEGAL BASIS: Section 29, Rule 130 and Section 31, Rule 130

SECTION 29. Admission by third party. — The rights of a third party cannot be
prejudiced by an act, declaration or omission of another, except as hereinafter
provided.

- The statement of Berto should not affect or prejudice Y and Z.

Section 30. Admission by conspirator. — 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.

To be admissible against Y and Z, the following must concur:

(a) The declaration or act be made or done during the existence of the conspiracy;

(b) The declaration or act must relate to the conspiracy; and

(c) The conspiracy must be shown by evidence other than the declaration or act
 - Observe that the declaration of Berto was made long after the
conspiracy was over. It then was no longer made during the existence of the
conspiracy.

9. A goat belonging to Sammy disappeared from her backyard where she had tied it.
On the same day, Lara told her that it was Ben, Lara’s husband, who took the goat.

In the criminal cases filed against Ben, the prosecution called Sammy to testify on what
Lara had told her.

The counsel of Ben objected to Sammy’s testimony on the allegation that it violates the
marital privilege rule.

The question is, is the objection of Ben’s counsel proper?

a. No.

b. Maybe.

c. Yes.

LEGAL BASIS: Section 24, Paragraph A, Rule 130

Section 24. Disqualification by reason of privileged communication. — The following

persons cannot testify as to matters learned in confidence in the following cases:

(a) The husband or the wife, during or after the marriage, cannot be examined without
the consent of the other as to any communication received in confidence by one from
the other during the marriage except in a civil case by one against the other, or in a
criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants;

- The rule is intended to preserve the marriage relation as one of full

confidence and affection. A marriage relation is regarded as more important
to the public welfare than the exigencies of lawsuits.

10. The following are not applicable in the Marital Privilege Rule except:

a. In a civil case by one against the other.

b. There is a valid marriage.

c. In a criminal case for a crime committed by one against the other or the
latter’s direct ascendants or descendants.

LEGAL BASIS: The statement in letter B is one of the requisites for the
application of Marital Privilege Rule.
GROUP 5 MCQ

1. What is the means, sanctioned by these rules, of ascertaining in a judicial proceeding

the truth respecting a matter of fact?

a. Evidence

b. Fabulous proof

c. Cause of action

d. Wonderful issue of the case

2. Which of the following is not one of the requisites in which circumstantial evidence can
be sufficient in a criminal case?

a. There is more than one circumstance.

b. The facts, from which the inferences are derived, are proven.

c. The combination of all the circumstances is such as to produce a conviction

beyond reasonable doubt.

d. The inference is used to prove something from nothing.

3. May the parties stipulate waiving the rules on evidence?

a. Yes, parties are absolutely allowed to stipulate such waiver.

b. No, parties are not allowed because it will be a violation of the rules on
evidence.

c. It depends, because rights may be waived in general subject to certain

exceptions.

d. The answer is magically none of the choices.

4. Under what instance is a party not barred from impeaching his own witness?
 a. Such witness is an unwilling or hostile witness so declared by the court.

b. Such witness is a stranger to the eyes of the party producing him or her.

c. Such witness is the agent.

d. Such witness is nothing but the attorney of his friend involved in the case.

5. Can municipal ordinances be taken as judicial notice by Regional Trial Courts?

a. No, municipal ordinances cannot be taken as judicial notice by Regional

Trial Courts because ordinances are only handled by the Mediation Board and
Municipal Trial Courts only.

b. Yes, municipal ordinances can be taken as judicial notice by Regional Trial

Courts, in force in the municipalities within their jurisdiction but only when so
required by law. For example, the charter of the City of Manila requires all courts
sitting therein to take judicial notice of all ordinances passed by the city council.
These courts shall also take judicial notice of the municipal ordinances in cases of
appeal to it from the inferior court in which the latter took judicial notice of.

c. No, municipal ordinances cannot be taken as judicial notice by Regional

Trial Courts because it would only destroy the very nature of implementing the
ordinance.

d. Yes, municipal ordinances can be taken as judicial notice by Regional Trial

Courts because the people are respected by the beloved Constitution.

6. What is not included on the following requisites for the testimony of a conspirator to be
admissible in evidence?

a. The declaration or act be made or done during the existence of the conspiracy.
b. The declaration or act must be in furtherance of the conspiracy.
c. The conspiracy must be shown by evidence other than such declaration or act.
d. Such declaration or act has been made after declarant was engaged in carrying
out the conspiracy.

7. Which of the following statements are correct and/or incorrect?

 I. A duplicate is admissible to the same extent as an original unless a genuine
question is raised as to the authenticity of the duplicate; or
II. A duplicate is admissible to the same extent as an original unless in the
circumstance, it is unjust or equitable to admit the duplicate in lieu of the original.

a. Statement I is Correct.
b. Statement II is Incorrect.
c. Both statements are Correct.
d. Both statements are Incorrect.

8. Which of the following is an exception to the Attorney-client privilege?

a. As to a communication irrelevant to an issue between parties who do not

claim through the same or deceased client.

b. As to a communication relevant to an issue of following of prosperous duty

by the lawyer to his or her client.

c. As to a communication relevant to an issue concerning an attested document

to which the lawyer is an attesting witness.

d. As to a communication relevant to a matter of different interest between two

or more clients if the communication was made by any of them to a lawyer
retained or consulted in common.

9. Before the marriage of Pamela and Emmir, Pamela witnessed Emmir killing Ayka, but
Pamela never reported to the authorities. A year after the murder, Pamela and Emmir got
married. After 5 months of marriage, Pamela became a battered wife, so she decided to report
the murder of Ayka to the police. May Pamela testify against Emmir involving the murder
case?

a. Yes, the situation is an exception to marital disqualification rule.

b. No, the situation is covered by the marital disqualification rule.

c. Yes, the murder case of Ayka who was killed by Emmir happened when they
were infatuatedly in love.

d. None of the above.

 10. In the preceding question, suppose a year after the marriage, the marriage was annulled,
may Pamela testify despite the objection of Emmir?

a. Yes, Pamela may now testify.

b. No, the prohibition still applies.

c. Maybe because the rule is not elegantly clear.

d. None of the above.

ANSWERS

1. (a) Evidence is the means, sanctioned by these rules, of ascertaining in a judicial

proceeding the truth respecting a matter of fact. (Rule 128, Section 1, Rules of Court)

2. (d) The inference is used to prove something from nothing. A circumstantial evidence may
be sufficient for conviction provided the following requisites concur: a. There is more than
one circumstance; b. The facts, from which the inferences are derived, are proven; and, c.
The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt. In the given problem, choice (d) is excluded. (Section 4, Rule 133, Rules
of Court, people vs Tanchanco, 670 SCRA 130, 142-143, April 18, 2012; Candelaria vs
People, G.R. No. 209386, December 8, 2014)

3. (c) It depends because rights may be waived in general subject to certain exceptions.
Under Article 6, Chapter I, of the Civil Code, rights may be waived, unless the waiver is
contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third
person with a right recognized by law.

4. (a) Such witness is an unwilling or hostile witness so declared by the court (Section 13,
Rule 132, of the Rules of Court).

5. (b) Regional Trial Courts should also take judicial notice of municipal ordinances in force
in the municipalities within their jurisdiction but only when so required by law. For example,
the charter of the City of Manila requires all courts sitting therein to take judicial notice of all
ordinances passed by the city council (City of Manila vs Garcia, 19 SCRA413). These
courts shall also take judicial notice of the municipal ordinances in cases of appeal to it from
the inferior court in which the latter took judicial notice of (US vs Hernandez, 31 Phil. 342;
US vs Blanco, supra).

6. (d) Such declaration or act has been made after declarant was engaged in carrying out the
conspiracy. Under Section 31, Rule 130 of the Rules of Court, 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.

7. (d) Both statements are Incorrect. Under Section 4 (c), Rule 130 of the Rules of Court, a
duplicate is admissible to the same extent as an original unless (1) a genuine question is
raised as to the authenticity of the original, or (2) in the circumstances, it is unjust or
inequitable to admit the duplicate in lieu of the original.

8. (c) As to a communication relevant to an issue concerning an attested document to which

the lawyer is an attesting witness. Pursuant to Section 24 (b) (iv), Rule 130 of the Rules of
Court, an attorney or person reasonably believed by the client to be licensed to engage in the
practice of law cannot, without the consent of the client, be examined as to any
communication made by the client to him or her, or his or her advice given thereon in the
course of, or with a view to, professional employment, nor can an attorney’s secretary,
stenographer, or clerk, or any person assisting the attorney be examined, without the consent
of the client and his or her employer, concerning any fact the knowledge of which has been
acquired in such capacity, except to a communication which is relevant to an issue
concerning an attested document to which the lawyer is an attesting witness.

9. (b) No, the situation is covered by the marital disqualification rule. Under Sec. 23, Rule
130 of the Rules of Court, during their marriage, the husband or the wife cannot testify
against the other without the consent of the affected spouse, except in civil case for a crime
committed by one against the other or the latter’s direct descendants or ascendants. In the
given problem, Pamela is married to Emmir.

10. (a) Yes, Pamela may now testify. Again, pursuant to Section 23, Rule 130, of the Rules
of Court, during their marriage, the husband or the wife cannot testify against the other
without the consent of the affected spouse, except in civil case for a crime committed by one
against the other or the latter’s direct descendants or ascendants. In the succeeding problem,
Pamela is no longer married to Emmir.
GROUP 4 MCQ

1. As a general rule, Philippine courts cannot take judicial notice of the existence and
provisions or contents foreign laws.

Statement A: It is a question of fact, which matters must be alleged and proven as a fact.

Statement B: Their passage and effectivity and provisions are governmental matters
which must be noticed mandatorily.

A. Both statements are correct.

B. Only Statement B is correct.

C. Only Statement A is correct.

D. Both Statements are incorrect.

Answer: C. In international law, the party who wants to have a foreign law applied to
dispute or case has the burden of proving the foreign law. The foreign law is treated as a
question of fact to be properly pleaded and proved as the judge or the labor arbiter cannot
take judicial notice of foreign laws, hence they must not only be alleged; they must be
proven. To prove a foreign law, the party invoking it must present a copy thereof. (ATCI
Overseas Corporation v. Echin G.R. No. 178551, October 11, 2010)

2. The accused was convicted of libel. One of the evidence was a tape recording of the radio
broadcast which recording was made by the daughter of the complainant, but the daughter was
not however presented as a witness. Was the tape recording properly admitted?

A. The admission must not cause undue prejudice to the court, such as those
intended.

B. The person who actually recorded should be presented in order to lay the
foundation for the admission of the tape recording.

C. Yes, because the admission is subject to the demands of decency and

propriety.

D. Either A or B.
Answer: B. The person who actually recorded should be presented in order to lay the
foundation for the admission of the tape recording. Before a tape recording is admissible in
evidence and given probative value, the following requisites must first be established:

· A showing that the recording devise was capable of taking testimony;

· A showing that the operator of the device was competent;

· Establishment of the authenticity and correctness of the recording;

· A showing that changes, alterations, or deletions have not been made;

· A showing of the manner of the preservation of the recording;

· Identification of the speakers;

· A showing that the testimony elicited was voluntarily made without any kind of
inducement. (Toralba v. People, August 22, 2005).

3. In a rape case the prosecution presented a photocopy of the birth certificate of the victim to
prove her age and which was not objected to. The admissibility and weight were later questioned
in the Supreme Court. What will be the effect of the question of admissibility?

A. Prevent the possibility of the commission of fraud or perjury, or substitution.

B. The best evidence to prove a person’s age is the original birth certificate or
certified copy thereof; in their absence, similar authentic documents maybe
presented such as baptismal certificates and school records.

C. The Supreme Court will require a reinvestigation on the matter.

D. Having failed to raise a valid and timely objection against the presentation of
this secondary evidence the same became a primary evidence and deemed
admitted and the other party is bound thereby.

Answer: D. If the offeror failed to lay the proper foundation but the opposing party did not
make any objection, the secondary evidence may be treated as if it were on the same level
as the original and given the same weight as an original. (People v. Cayabyab, August
3,2005).
4. The rule on parol evidence provides: however, a party may present evidence to modify,
explain or add to the terms of the written agreement that are An intrinsic ambiguity, mistake or
imperfection in the written agreement; The failure of the written agreement to express the true
intent and agreement of the parties thereto; The validity of the written agreement; or The
existence of other terms agreed to by the parties or their successor in interests after the execution
of the written agreement. How does one escape objection due to parol evidence and to show
parol evidence?

A. Present the original of the document.

B. File a motion to the court to allow him to present secondary evidence.

C. Put it in issue in his pleading.

D. Either a, b or c.

Answer: C. Section 10, Rule 130 of The Rules of Court as amended.

5. The American Rule as to the degrees of secondary evidence states that:

I. If the original of the writing has been lost, the copy and oral testimonies relating
to such writing are both secondary evidence and have equal competence.

II. The secondary evidence which is admissible is the best secondary evidence obtainable.

III. If it appears that there is in existence secondary evidence of a more satisfactory kind
than the secondary evidence which a party offers, he will be required to produce the
better evidence if he can do so.

IV. The original is preferred because it reduces the chance of undetected tampering with
the document.

A. Statement II and III are correct.

B. Statement I is correct.

C. Statement I and IV are correct

 D. Statement II and III are incorrect.

Answer: A. American Rule (to which the Philippines adheres)of the degrees of secondary
evidence provides that the secondary evidence which is admissible is the best secondary
evidence obtainable. If it appears that there is in existence secondary evidence of a more
satisfactory kind than the secondary evidence which a party offers, he will be required to
produce the better evidence if he can do so. (Herrera, Vol. V).

6. The husband or wife is disqualified by reason of privilege communication, except:

A. During marriage without the consent of the other as to any communication received in
confidence by one from the other during the marriage

B. After marriage without the consent of the other as to any communication received in
confidence by one from the other during the marriage

C. During marriage with the consent of the other as to any communication received in
confidence by one from the other during the marriage

D. During or after marriage without the consent of the other as to any communication received
in confidence by one from the other during the marriage.

Answer: C. It is provided in Section 24 (a), Rule 130 the Amended Rules on Evidence.

7. An attorney can be examined as to any communication made by the client to him or her even
without the consent of the client in the following cases, except:

A. Furtherance of crime or fraud

B. Claimants through same deceased client

C. Breach of duty by lawyer or client

D. Document not attested by the lawyer.

Answer: D. It is not provided in Section 24 (b), Rule 130 the Amended Rules on Evidence.
8. The rights of a party can be prejudiced by an act, declaration, or omission of another, except:

A. Admission by co-partner or agent

B. Admission by conspirator

C. Admission by privies

D. Admission by co-employee

Answer: D. It is not one of the enumerations under Rule 130 of the Amended Rules on
Evidence.

9. Which of the following is the examination-in-chief of a witness by the party presenting him
or her on the facts relevant to the issue?

A. Direct examination by the proponent

B. Cross-examination by the opponent

C. Re-direct examination by the proponent

D. Re-cross-examination by the opponent

Answer: A. It is provided under Section 4, Rule 132 of the Amended Rules on Evidence.

10. Which of the following is not an instance when an evidence is admissible?

A. It is not excluded by the Constitution

B. It is not excluded by the law or

 C. It is not excluded by the Rules on Evidence

D. None of the above

Answer: D. All are instances provided under Section 3 of Rule 128 of the Amended Rules
on Evidence.

Group 3 MCQ

1. PDEA agents conducted a search on a house abandoned by its owners in Quezon City.
The search, in order to be valid, must be made in the presence of:
a. any relative of the owner of the house.
b. the Director of the PDEA and a member of the media.
c. the Barangay Chairman and a Barangay Tanod.
d. any elected Quezon City official.
LEGAL BASIS:
(d), Under the “chain of custody” principle, the apprehending team having initial custody and
control of the drugs shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized or his/her representative or counsel, a representative from media and
the DOJ, and any elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof. (Sec. 21(1), RA 9165).

2. Character evidence is admissible _______.

(A) in criminal cases – the accused may prove his good moral character if pertinent to the
moral trait involved in the offense charged
(B) in criminal cases – the prosecution may prove the bad moral character of the accused
to prove his criminal predisposition
(C) in criminal cases under certain situations, but not to prove the bad moral character of
the offended party
(D) when it is evidence of the good character of a witness even prior to his impeachment
as witness.
(E) In none of the given situations above.
LEGAL BASIS:
(A), Under Section 54, Rule 130 of the Rules of Court, the accused may prove his good moral
character which is pertinent to the moral trait involved in the offense charged. (Section 54 (a) (1)
Rule 130, Rules on Evidence).

3. Under the Rules on Evidence, the following is a conclusive presumption and therefore
cannot be contradicted by evidence.
a. A person intends the ordinary consequences of his voluntary act.
b. Official duty has been regularly performed.
c. A tenant cannot deny his landlord's title during the tenancy period.
d. A writing is truly dated.
LEGAL BASIS:
(c), The tenant is not permitted to deny the title of his landlord at the time of the commencement
of the Relation of landlord and tenant between them (Rule 131, Sec.2, Rules of Court).

4. C, a convict, was able to get favorable results of a post-conviction DNA testing showing
that C could not have committed the crime. To gain freedom, C may:
a. file a petition for Writ of Habeas Corpus before the court of origin.
b. apply for full pardon.
c. file a Motion to annul judgment of conviction on the ground of fraud.
d. file a Motion for new trial under Rule 121.
LEGAL BASIS:
(a), The convict or the prosecution may file a petition for a writ of habeas corpus in the court of
origin if the results of the post-conviction DNA testing are favourable to the convict. In case the
court, after due hearing, finds the petition to be meritorious, it shall reverse or modify the
judgment of conviction and order the release of the convict, unless continued detention is
justified for a lawful cause. A similar petition may be filed either in the Court of Appeals or the
Supreme Court, or with any member of said courts, which may conduct a hearing thereon or
remand the petition to the court of origin and issue the appropriate orders. (Sec.10, Rule on DNA
Evidence).

5. Under the Rules of Electronic Evidence, "ephemeral electronic conversation" refers to

the following, except:
a. text messages;
 b. telephone conversations;
c. faxed document;
d. online chatroom sessions;
LEGAL BASIS:
(c), An “ephemeral electronic communication” refers to telephone conversations, text messages,
chatroom sessions, streaming audio, streaming video, and other electronic forms of
communications, the evidence of which is not recorded or retained (Sec.1(k), Rule 2). A
facsimile transmission is not considered as an electronic evidence under the Electronic
Commerce Act. In MCC Industrial Sales Corporation vs. Ssangyong Corporation, the Supreme
Court concluded that the terms “electronic data message” and “electronic document,: as defined
under the Electronic Commerce Act of 2000, do not include facsimile transmission. Accordingly,
a facsimile transmission cannot be considered as electronic evidence. It is not the functional
equivalent of an original under the Best Evidence Rule and is not admissible as electronic
evidence. (Torres vs. PAGCOR, G.R. No. 193531, December 14, 2011).

6. Under the Rules on Examination of a child witness, a child witness is one:

a. who is 18 years of age or below at the time of testifying.
b. who is below 18 years of age at the time of the incident/crime to be testified on.
c. who is below 18 years of age at the time of the giving of testimony.
d. who is 18 years of age in child abuse cases.
SUGGESTED ANSWER:
(c), A “child witness” is any person who at the time of giving testimony is below the age of
eighteen (18) years. (Sec.4, Rules on Examination of a Child Witness).

7. Immediately after the witness had been sworn in to testify, without any formal offer of
his testimony, Atty. A started asking questions on direct examination to the witness. The
court may still consider his testimony if:
a. the formal offer is done after the direct testimony.
b. the opposing counsel did not object.
c. the witness is an expert witness.
d. the opposing counsel offered to stipulate on the testimony given.
LEGAL BASIS:
(a), While it is true that Atty. A failed to offer the questioned testimony when he called the
witness on the stand, the opposing counsel waived this procedural error by failing to object at the
appropriate time i.e., when the ground for objection became reasonably apparent the moment the
witness was called to testify without any prior offer having been made by the proponent. (Catuira
vs. Court of Appeals, G.R. No. 105813, September 12, 1994).

8. To prove that Susan stabbed her husband Elmer, Rico testified that he heard Leon
running down the street, shouting excitedly, "Sinasaksak daw ni Susan ang asawa niya! (I
heard that Susan is stabbing her husband!)" Is Leon's statement as narrated by Rico
admissible?
(A) No, since the startling event had passed.
(B) Yes, as part of the res gestae.
(C) No, since the excited statement is itself hearsay.
(D) Yes, as an independently relevant statement.
SUGGESTED ANSWER:
(C) No, since the excited statement is itself hearsay. The rule on Hearsay Evidence states that, a
witness can testify only to those facts which he knows of his personal knowledge;that is, which
are derived from his own perception, except as otherwise provided in these rules.

9. When caught, X readily admitted to the Forestry Ranger that he cut the trees. Such a
statement may be admitted and is not necessarily hearsay because:
a. it is a judicial admission of guilt.
b. it shows the statement was true.
c. it will form part of the circumstantial evidence to convict.
d. it proves that such a statement was made.
LEGAL BASIS:
(D), The statement of X may be admitted under the concept of independently relevnt statement,
or statements which are on the very facts in issue or those which are circumstantial evidence
thereof. It is offered in evidence only to prove the tenor thereof, or the fact that such a statement
was made, and not to prove the truth of the facts asserted therein. Hence, the hearsay rule does
not apply. (People vs. Gaddi, 170 SCRA 649).

10. A vicarious admission is considered an exception to the hearsay rule. It, however, does
not cover:
 (A) admission by a conspirator
(B) admission by a privy
(C) judicial admission
(D) adoptive admission
LEGAL BASIS:
(C) judicial admission
Judicial Admission is not covered by the Rule, on vicarious admission which are considered
exceptions to the Res Inter Alios Acta Rule.
Under the Res Inter Alios Acta Rule, the rights of a party cannot be prejudiced by the act,
declaration or omission of another (Section 29, Rule 130, Rules of Court).

GROUP 2 MCQ

1. Those addressed to the senses of the court. When an object is relevant to the fact in issue, it
may be exhibited to, examined or viewed by the court.
a. Documentary Evidence
b. Object Evidence
c. Testimonial Evidence
d. Best Evidence

(Source: Section 1, Rule 130)

2. Instances where Judicial notice is mandatory, except:

a. The existence and territorial extent of states
b. The laws of nations
c. The measure of time
d. The laws of physics

(Source: Section 1, Rule 129)

3. The subject of inquiry is the contents of a document, writing, recording, photograph or

other record, no evidence shall be admissible other than the original document itself.
a. Res Gestae
b. Equipoise Rule
c. Original Document Rule
d. Doctrine of Estoppel
(Source: Rule 130, Sec. 3 as amended by AM No. 19-08-15-SC)

4. A counterpart produced by the same impression as the original, or from the same matrix, or
by means of photography, including enlargements and miniatures, or by mechanical or electronic
re-recording, or by chemical reproduction, or by other equivalent techniques which accurately
reproduce the original.
a. Duplicate
b. Secondary Evidence
c. Primary Evidence
d. Photocopy

(Source: Rule 130, Section 4 (b), Rules on Evidence as amended by A.M. No. 19-08-15-SC)

5. made by a copy of the original document, or by a recital of its contents in some authentic
document, or by the testimony of the witness in the order stated, to prove the contents of an
original document when the original document has been lost or destroyed, or cannot be produced
in court
a. Duplicate
b. Secondary Evidence
c. Primary Evidence
d. Photocopy

(Source: Section 5, Rule 130, Rules of Court).

6. Consists of writings or any material containing letters, words, numbers, figures, symbols or
other modes of written expressions offered as proof of their contents.
a. Documentary Evidence
b. Object Evidence
c. Testimonial Evidence
d. Best Evidence

(Source: Section 2, Rule 130)

7. What are the requisites for the presentation of a summary of a document? Except one:
a. the contents of documents, records, photographs, or numerous accounts are
voluminous;
b. they cannot be examined in court without great loss of time;
c. Reasonable diligence and good faith in the search for or attempt, to produce
the original
 d. the fact sought to be established is only the general result of the whole;

(Source: Section 7, Rule 130 of the Rules of Court)

8. Private documents are:

a. The official acts or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or of
a foreign country;
b. Documents acknowledge before a notary public except last wills and
testaments; and
c. Documents that are considered public documents under treaties and
conventions which are in force between the Philippines and the country of source;
and
d. all other writings

(Section 19 of Rule 132 of the amended Rules of Court)

9. Any other writing, deed, or instrument executed by a private person without the
intervention of a notary or other person legally authorized by which some disposition or
agreement is proved or set forth.
a. Public Document
b. Private Document
c. Original Document
d. Duplicate Document

(Source: Otero vs Tan)

10. One is not a right of a witness.

a. Not to give an answer that will tend to subject him to a penalty for an
offense;
b. To be protected from irrelevant, improper, or insulting questions, and from
harsh or insulting demeanor;
c. Not to be examined except only as to matters pertinent to the issue;
d. To be detained longer than the interest of justice requires

(Source: Section 3, Rule 132, Rules of Court)

GROUP 1

1. The truth sought by evidence is

a. Empirical truth

b. Legal truth – Rule 132, Section 34: The court shall consider no evidence which has
not been formally offered. Evidence offered may not paint the whole truth of the incident.

c. Actual truth

d. Real truth

2. When is character evidence admissible?

A. In criminal cases, the accused may prove good moral character if pertinent to the
moral trait involved in the offense charged. – Rule 130, Sec. 54 (a)(2)

B. In civil cases, where the prosecution may present propensity of the accused to not
perform his obligation.

C. In criminal cases, even when the character of the accused is not impeached.

D. In civil cases, if inapposite to the moral trait involved in the charge against the
defendant.

3. Who may be a state witness?

A. A civilian who applies for the Witness Protection, Security and Benefit Program in
fear of retaliation for witnessing a horrendous crime.

B. A co-conspirator getting information in a conspiracy to commit acts of

lasciviousness against the President.

C. An accused in a criminal case who appears to be guilty of the offense charged.

D. A co-accused discharged by the court to be the witness for the prosecution in the
same case. – Rules of Criminal Procedure, Rule 119, Sec. 17

4. The following are rules of exclusion found in substantive laws, except:

 A. Extrajudicial confession made without counsel, or when uninformed of his
constitutional rights, when the statement was coerced

B. Sworn statements in denied applications for the Witness Protection Program

C. Privileged communications – found in a procedural law; Rule 130, Sec. 24

D. Evidence obtained against the right to privacy of correspondence

5. DNA testing may yield the following results, except:

A. Conclusion – People v. Vallejo

B. Exclusion

C. Inconclusive

D. Inclusion

6. When would judicial notice be mandatory?

A. Names of parties to the case before the court

B. For the International Tribunal for the Law of the Sea – Rule 129, Sec. 1 (d)

C. A municipal incident that led to a tribal war

D. For a hypothesis stating that bullets implode in a vacuum

7. Why is an objection made?

A. As a strategy to interfere with the thoughts of both the opposing counsel and the
witness

B. To waive inadmissible evidence

C. To keep out inadmissible evidence that would harm the client – Rules of evidence
are not self-operating.

D. To buy time for a late witness to arrive

8. Which is a limit to the presentation of object evidence?

A. Exhibition is contrary to public morals or decency. – Regalado

B. The evidence should not be legally obtained.

C. Exhibition would leading to the pristine condition of an object.

D. The evidence should be viewable.

9. No evidence is admissible other than the original document itself where its contents are
contested, except when:

A. The original is closely-related to the controlling issue.

B. The original is with the offering party.

C. The original is with a private attorney.

D. The original is gone without any meddling of the offeror. – Rule 130, Sec. 3 (a)

10. A confession contains a combination of:

A. An act and intent. – Rule 130, Sec. 34

B. An act and motive.

C. A plan and act.

D. A plan and intent.