The document discusses various concepts in evidence law, including:
1. The hearsay evidence rule which states that witnesses can only testify to facts based on their own perception.
2. Exceptions to the hearsay rule such as res gestae statements.
3. Requirements for evidence to be admissible, including that it must be relevant to the issues of the case and not excluded by law.
The document discusses various concepts in evidence law, including:
1. The hearsay evidence rule which states that witnesses can only testify to facts based on their own perception.
2. Exceptions to the hearsay rule such as res gestae statements.
3. Requirements for evidence to be admissible, including that it must be relevant to the issues of the case and not excluded by law.
The document discusses various concepts in evidence law, including:
1. The hearsay evidence rule which states that witnesses can only testify to facts based on their own perception.
2. Exceptions to the hearsay rule such as res gestae statements.
3. Requirements for evidence to be admissible, including that it must be relevant to the issues of the case and not excluded by law.
The document discusses various concepts in evidence law, including:
1. The hearsay evidence rule which states that witnesses can only testify to facts based on their own perception.
2. Exceptions to the hearsay rule such as res gestae statements.
3. Requirements for evidence to be admissible, including that it must be relevant to the issues of the case and not excluded by law.
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1. Which is the hearsay evidence rule?
WITNESS CAN TESTIFY ONLY TO
THE FACTS DERIVED FROM HIS PERCEPTION 2. What is that statement made by a wounded person shortly after he received severe bolo stabs narrating therein the whole incident to another which is admissible in evidence as part of – RES GESTAE 3. One of the two requisites of admissibility of evidence is when it is relevant to the issue and what is the other requisite? IT IS NOT EXCLUDED BY THE LAW 4. When could an ordinary citizen give his opinion regarding the handwriting of a person? WHEN IT IS THE HANDWRITING OF ONE WHOM HE HAS SUFFICIENT FAMILARITY 5. Can a husband testify against the wife in an adultery case? YES BECAUSE CRIME CHARGE IS ONE COMMITTED BY THE WIFE AGAINST THE HUSBAND 6. Which among the following document is NOT a public document? ACCOMPLISHED FORM WITH NO SIGNATURE 7. What rule is observed when generally, there can be no evidence of a writing, the contents of which is the subject matter of inquiry other than the original itself? BEST EVIDENCE 8. How many days that a child that was born before the second marriage can become legitimate? 180 DAYS 9. Which of the following evidence is the same, as that which is already given? CORROBORATIVE EVIDENCE 10. Defendants John and Levy made an appeal from a judgment that convicted them of illegal importation of opium. One of the errors assigned as claimed, is “permitting the government principal witness to be in the courtroom while other witnesses were testifying. The exclusion of the witnesses by the court is _______. NOT SACTIONED BY THE RULES OF COURT 11. In a case of oral defamation, where the priest is the only available witness. Can a priest testify as to the alleged defamatory words given to him by the accused during confession? PRIVILEGE COMMUNICATION GIVEN BY PENITENT TO A PRIEST 12. Is that which is not excluded by the law as tending to prove a fact in issue A. material evidence B. relevant evidence C. direct evidence D. competent evidence Mayoralty candidates A & B in the city of Calamba are contesting each other’s votes garnered during the last election. In this case, what could be the best evidence to present in court? BALLOTS 13. What kind of presumption involves the mental process by which the existence of one fact is inferred from proof of some other facts? DISPUTABLE 14. When is evidence presented in court for admissibility considered relevant to the issue? WHEN IT HAS A DIRECT BEARING AND ACTUAL CONNECTION TO THE FACTS AND ISSUE 15. The body of a dead person is ___________ if his death is at issue. REAL EVIDENCE 16. When is evidence presented in court for admissibility considered competent? WHEN IT IS NOT EXCLUDED BY THE RULES 17. The SC ruled the illegally obtained evidence is inadmissible in state criminal prosecutions in the famous case of? MAPP VS OHIO 18. Evidence is admissible when it is relevant to the issue and is not excluded by the rules on ADMISSIBILITY OF EVIDENCE 19. In self defense, the burden of proof rest upon the ____________ ACCUSED 20.Real or object evidence is authenticated by showing that it is what is claimed to be 21. Choose which of the following is correct: DOCUMENTARY EVIDENCE APPLIES ONLY WHEN THE CONTENTS OF SUCH DOCUMENT IS THE SUBJECT OF INQUIRY 22. One of the following is not a requisite for presentation of secondary evidence. IT HAS BEEN LOST, DESTROYED OR CANNOT BE PRODUCED IN COURT. 23. It is the quantum of evidence required in a civil case: PREPONDERANCE OF EVIDENCE 24. To prove that Susan stabbed her husband Sergio, Pete testified that he heard Rico running down the street, shouting excitedly, “Sinaksak daw ni Susan ang asawa niya!” Rico’s declaration is ADMISSIBLE AS PART OF RES GESTAE 25. It is the probative effect of evidence PROOF 26. A kind of evidence which cannot be rebutted or overcome. CONCLUSIVE 27. All persons who can perceive and perceiving, can make known their perception to others. WITNESS 28.It is the doctrine that speaks of that illegally seized documents, papers,and things are inadmissible in evidence? DOCTRINE OF THE FRUIT OF THE POISONOUS TREE 29. An evidence which indirectly proves a fact in issue through an inference which a fact finder draws from the evidence established. CIRCUMSTANTIAL EVIDENCE 30.The medium or means by which a fact is proved or disproved. EVIDENCE 31. What is the Rule in Evidence which states that, “When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed”? PAROL EVIDENCE RULE 32. Refers to the question of whether or not the evidence is to be considered or not. ADMISSIBILITY OF EVIDENCE 33. It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed. PRIMA FACIE EVIDENCE 34. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances DOCUMENTARY EVIDENCE 35. When the witness states that he did not see or know the occurrence of a fact. POSITIVE EVIDENCE 36. It is the weight of evidence required in an administrative case: SUBSTANTIAL EVIIDENCEC 37. It is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. BURDEN OF PROOF 38.Exemption to the hearsay rule made under the consciousness of an impending death. ANTE MORTEM STATEMENT 39. Refers to the quantum of evidence where only moral certainty is required, or that degree of proof which produces conviction in an unprejudiced mind. PROOF BEYOND REASONABLE DOUBT 40.It refers to family history or descent transmitted from one generation to another. PEDIGREE 41. Takes the place of proof and has the effect of making evidence unnecessary. JUDICIAL NOTICE 42. Has reference to the basic qualifications of a witness as his capacity to perceive and his capacity to communicate his perception toothers COMPETENCY 43. This doctrine means that an unlawful search taints not only the evidence obtained there at but also facts discovered by reason of unlawful search. DOCTRINE OF FRUIT OF THE POISONOUS TREE 44. This rule commands that evidence obtained by an unreasonable search and seizure is excluded from evidence. EXCLUSIONARY RULE 45. Refers to the tendency of evidence to convince and persuade the court or to prove the fact in issue. ADMISSIBILITY OF EVIDENCE 46. What is the means sanctioned by the rules of ascertaining in a judicial proceeding the truth respecting a matter of fact? EVIDENCE 47. The meaning of factum probans. EVIDENTIARY FACTS 48.Refers to evidence that is supplementary to that already given tending to strengthen or confirm it. It is usually of a different type from that previously offered but which tends to prove the same fact. CORROBORATIVE EVIDENCE 49. Which of the following statements is incorrect? ATTY-CLIENT, PUBLIC OFFICER, HUSBAND AND WIFE, NONE OF THE ABOVE 50.These are matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue. COLLATERAL MATTERS 51. A person agreeing that he did see something is giving what kind of evidence? POSTIVE EVIDENCE 52. The testimony of the prosecution witness claiming that he saw that it was actually the deceased who attacked the accused without the latter’s provocation is what type of evidence? DIRECT EVIDENCE 53. In an action for damages arising from a car accident, the plaintiff introduced evidence to show that on several occasions the defendant in the past had injured pedestrians because of his negligence. Under this concept, the court must give the party against whom the evidence was admitted the chance to contradict or explain the alleged past acts he committed to counteract the prejudice which the improperly admitted evidence may have caused. CURATIVE ADMISSIBILITY 54. Information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically. ELECTRONIC DOCUMENT 55. What is required in proof beyond reasonable doubt? MORAL CERTAINTY 56. The amount of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. SUBSTANTIAL EVIDENCE 57. When must testimonial evidence be objected? IMMEDIATELY AFTER THE OFFER IS MADE. 58. This is considered as an ancient document. DOCUMENT IS MORE THAN 30 YEARS OLD 59. Who among the following witnesses can be impeached? HOSTILE AND UNWILLING WITNESSES 60.These are questions that suggest to the witness the answer, which the examining party desires. LEADING QUESTIONS 61. Examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. DIRECT EXAMINATION 62. Refers to the preliminary examination of witnesses for the purpose of establishing whether or not a witness really is qualified as such. VOIR DIRE 63. Where the object in question cannot be produced in court because it is immovable or inconvenient to remove, the natural recourse is for the court to order an ocular inspection and go to the object in its place and observe it there. AUTOPTIC PREFERENCE 64. Which is not an original document? ALL OF THESE 65. During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse. MARITAL DISQUALIFICATION 66. Any act, declaration or omission of a party as to a relevant fact may be given in evidence against him. ADMISSION 67. A declaration made at any time by a person, voluntarily and without compulsion or inducement, stating or acknowledging that he had committed or participated in the commission of a crime. CONFESSION 68.Statements made or matters accomplished between two parties cannot prejudice a third party. RES INTER ALIOS ACTAM 69. It is that which proves the fact in dispute w/o the aid of any inference or presumption. DIRECT EVIDENCE 70. These are those addressed to the senses of the court. OBJECT EVIDENCE 71. These are physical or tangible evidences presented to the trier of fact for inspection, as relevant to an issue in the case. OBJECT EVIDENCE 72. Who among the following can authenticate a photograph? ALL OF THESE 73. Is a negative paraffin result a conclusive proof that a person has not fired a gun? NO, THE FACT ALONE DOES NOT IPAO FACTO PROVE THAT THE ACCUSED WAS INNOCENT 74. Photograph is what type of evidence? OBJECT EVIDENCE 75. CDs and tapes are what type of evidence? OBJECT EVIDENCE 76. Which of the following is not a disqualification to become a witness? ALL OF THESE 77. This exists when two or more persons come to an agreement concerning the commission of a crime and decide to commit it. CONSPIRACY 78. After a robbery was committed nearby, Accused X told his neighbour A that he, Y, and Z, committed it. Is X’s statement admissible against Y and Z? NO, THE STATEMENT WAS MADE AFTER THE EXISTENCE OF THE CONSPIRACY 79. It is the testimony of a witness in court or the documentary evidence presented in court of somebody’s words or actions, uttered or done outside the courtroom, to prove the truth of what the witness or the document states. HEARSAY 80.These are presumptions which are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence. DIPUTABLE PRESUMPTION 81.Which is not a disputable presumption? TENANT IS NOT PERMITTED TO DENY THE TITLE 82. This may happen that one may offer evidence which is inadmissible but which is admitted because there is no objection from the opposite party. The latter is not justified in introducing a reply to the same kind of evidence, if properly objected, it erases the unfavorable inference which might otherwise have been caused from the original evidence CURATIVE ADMISSIBILITY 83.What is the categorical acknowledgement of guilt made by an accused in a criminal case, without any exculpatory statement or explanation? CONFESSION 84.The evidence which cannot be rebutted or overcome is called- CONCLUSIVE EVIDENCE 85. The husband was shot and wife was stabbed. The wife died instantly. The husband was brought to the hospital and made a statement that it was X who stab her wife. The husband then died. Is the testimony of the husband admissible? NO, THE DECLARATION PERTAINS TO THE DEATH OF THE WIFE 86. During a shipwreck, Anna, 14 years old and Elsa, 13 years old were lost. Who shall be considered to have survived? BOTH AS THEY WERE BELOW 15 YEARS OLD 87. Sven, 15 years old was together with his father Kristoff who was 62 years old when the plane crashed. For the purpose of succession, who is deemed to have survived? SVEN 88.When XXX was only 15 years old, he was molested by his boyfriend. One day she was hit by a truck. The victim before death tells to the police investigator: “I was raped.” Is this a dying declaration? NO SHE WAS ONLY 15 YEARS OLD WHEN IT HAPPENED. 89.Melissa has annulled her marriage from her first husband and decided to get married after 6 monhts. Melissa found out that she was pregnant and delivered the baby 110 days before her second marriage took place. Who shall be deemed the father of his child? THE FORMER HUSBAND 90.After the cross-examination of the witness has been concluded, he may be re- examined by the party calling him, to explain or supplement his answers given during the cross-examination. RE-DIRECT EXAMINATION 91. This is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. MISLeading questions 92. Are misleading questions allowed in court? NO, THERE ARE NO EXCEPTIONS 93. SE 94. A person on board a vessel lost during a sea voyage shall be considered dead for all purposes if has not been heard of within how many years? AFTER LOST OF THE VESSEL FOR FOUR YEARS 95. Jose was killed. Pedro admitted that he was the one who killed Jose. Unfortunately, Pedro also died. The prosecutor filed an information charging Juan with homicide of Jose. The defense presented a witness who heard Pedro say that he was the one who killed Jose. Is the evidence admissible? YES, AS A DECLARATION AGAINST INTEREST 96. A parish priest of the community where the accused belongs is presented as witness. And the parish priest testifies that the accused goes to mass everyday and receives holy communion. Is the evidence admissible? NO, THE TESTIMONY IS NOT ADMISSIBLE TO SHOW THE ACCUSED’’S GOOD MORAL CHARACTER 97. This is considered as the highest level of evidence because nothing is more certain than the evidence of our sense. OBJECT EVIDENCE 98.The U.S. Supreme Court came up with a test of reliability and directed that trial judges are to consider whether the theory or technique can be tested, whether the proffered work has been subjected to peer review, whether the rate of error is acceptable and whether the method at issue enjoys widespread acceptance when determining the admissibility of scientific evidence. DAUBERT TEST 99. A lie detection test is admissible in the Philippines. FALSE 100. These are tangible evidences which illustrate a matter of importance to the case but are not the very objects involved in the case. They merely illustrate or represent or emphasize, visualize or make more vivid what a party desires to emphasize. DEMONSTRATIVE EVIDENCE. 101.