CRIMINAL

EVIDENCE
1. The evidentiary fact or means to
establish the factum probandum is
called:
a. Factum Probandum
b. Factum Probans
c. Factum Bandum
d. Non Fecet Reum

 Answer: B
2. An additional evidence of a
different kind and character which
tends to prove the same point.
a. Negative Evidence
b. Cumulative Evidence
c. Corroborative Evidence
d. None of the above

 Answer: C
3. The evidence as a whole adduced
by one side is superior to that of the
other.
a. Preponderance of evidence
b. Substantial evidence
c. None of the above
d. Rebuttal evidence

 Answer: A
4. Evidence that is given in order to
contradict the rebuttal evidence.
a. Sur-rebuttal evidence
b. Positive evidence
c. Corroborative evidence
d. Direct evidence

 Answer: A
5. The amount of relevant evidence
which is reasonable mind might accept
as adequate to justify a conclusion.
a. Substantial evidence
b. rebuttal evidence
c. cumulative evidence
d. Direct evidence

 Answer: A
6. The unreasonable delay to seek or
assert a right at a proper time is
called
a. estoppel in paye
b. estoppel by laches
c. estoppel by deed
d. none of the above

 Answer: B
7. Evidence supplied by written
instruments or derived from conventional
symbols, such as letter, by which ideas
are represented on material substances.
a. substantial evidence
b. documentary evidence
c. object evidence
d. direct evidence

 Answer: B
8. Evidence which is not excluded by
law
a. prima facie evidence
b. competent evidence
c. rebuttal evidence
d. object evidence

 Answer: B
9. Class of evidence which the law
does not allow to be contradicted
a. secondary evidence
b. conclusive evidence
c. expert evidence
d. real evidence

 Answer: B
10. Evidence which is directly addressed to the
senses of the court and consists of tangible things
exhibited or demonstrated in open court, in an ocular
inspection, or at a place designated by the court for its
view or observation of an exhibition, experiment or
demonstration
a. object evidence
b. testimonial evidence
c. rebuttal evidence
d. conclusive evidence

 Answer: A
11. The declaration made by a person
deceased, unable to testify, against the
interest of the declarant.
a. dying declaration
b. declaration against interest
c. self-preserving declaration
d. none of the above

 Answer: B
12. Evidence which proves the fact in
dispute without the aid of any
interference or presumption.
a. circumstantial evidence
b. direct evidence
c. negative evidence
d. corroborative evidence

 Answer: B
13. The proof of facts from which when
taken collectively, the existence of the
particular fact in issue may be inferred as a
necessary or probable consequence.
a. expert evidence
b. direct evidence
c. circumstantial evidence
d. competent evidence

 Answer: C
14. That which is inferior to the primary
evidence and is permitted by law only
when the best evidence is not available.
a. Expert evidence
b. rebuttal evidence
c. testimonial evidence
d. secondary evidence

 Answer: D
15. The admission which is made in
certain and unequivocal words.
a. Express admission
b. implied admission
c. testimonial evidence
d. secondary evidence

 Answer: A
16. The witness states that that he
did not see or know the occurrence of
a fact.
a. Relevant evidence
b. corroborative evidence
c. testimonial evidence
d. negative evidence

 Answer: D
17. Evidence which affords the
greatest certainty of the fact in
question.
a. Relevant evidence
b. primary evidence
c. competent evidence
d. positive evidence

 Answer: B
18. Evidence which standing alone,
unexplained or uncontradicted is
sufficient to maintain a proposition.
a. Conclusive evidence
b. prima facie evidence
c. circumstantial evidence
d. none of the above

 Answer: B
19. A question which suggests to the
witness the answer which the
examining party desires.
a. Malicious question
b. leading question
c. misleading question
d. answer

 Answer: B
20. Evidence which are addressed to
the senses of the court.
a. Competent evidence
b. primary evidence
c. real/object evidence
d. relevant evidence

 Answer: C
21. It refers to the testimony given in
court.
a. Competent evidence
b. primary evidence
c. real/object evidence
d. relevant evidence

 Answer: C
22. When the witness affirms that a
fact did or did not occur/happen.
a. Positive evidence
b. direct evidence
c. conclusive evidence
d. secondary evidence

 Answer: A
23. The re-examination of the witness
by the party calling upon him
a. Cross-examination
b. Re-direct examination
c. Formal investigation
d. Re-cross examination

 Answer: B
24. Evidence that is given to explain,
repel, counteract or disprove facts given in
evidence by the adverse party.
a. Conclusive evidence
b. rebuttal evidence
c. sur-rebuttal evidence
d. secondary evidence

 Answer: B
25. An appeal by person to God to
witness the truth of what he witness is
called
a. oath
b. prayer
c. day-eng
d. bay-ya-aw

 Answer: A
26. Evidence of the same kind and
character as that already given and
tends to prove the same point.
a. positive evidence
b. rebuttal evidence
c. testimonial evidence
d. cumulative evidence

 Answer: D
27. Evidence that has tendency in
reason to establish the probability or
improbability of a fact in issue.
a. direct evidence
b. rebuttal evidence
c. material evidence
d. relevant evidence

 Answer: D
28. An inference of the existence or
nonexistence of some facts which
courts are to draw from the proof of
other facts.
a. presumption
b. burden of proof
c. burden of evidence
d. none of the above
 Answer: A
29. A verbal or written admission
made by a party in the course of the
proceedings in the same case.
a. Judicial admission
b. complaint
c. extra-judicial confession
d. none of the above

 Answer: A
30. An un-sworn statements or
declarations made out of court which is
favorable to the interest of the declarant.
a. Self-serving declaration
b. confession
c. admission against interest
d. none of the above

 Answer: C
31. That logical necessity which rests on a
party at any particular time during the trial to
create a one when facie case in his favor, or
to overthrow one when created against him.
a. Burden of evidence
b. burden of proof
c. presumption
d. none of the above

 Answer: A
32. The following are matters which
need not be proved except:
a. Matters of judicial notice
b. Fact presumed
c. judicial admission
d. none of the above

 Answer: A
33. The following are sources of the
Rules on Evidence except:
a. The 1987 Phil. Constitution
b. Rules of Court
c. Judicial Decisions
d. None of the above

 Answer: D
34. The admission which can be
inferred from acts, declarations or
omissions.
a. Implied admission
b. express admission
c. vice-versa admission
d. none of the above

 Answer: A
35. A document the contents of
which are the subject of an inquiry.
a. Substitutionary document
b. original document
c. complaint
d. none of the above

 Answer: B
36. It is the act, declaration or
omission of a party as to a relevant fact
may be given in evidence against him.
a. Admission
b. confession
c. declaration
d. none of the above

 Answer: A
37. A declaration made at any time by a
person, voluntarily and without compulsion
or inducement, acknowledging his guilt of
the crime charged.
a. Implied
b. confession
c. declaration
d. none of the above

 Answer: B
38. It is an agreement made between
two or more parties as a settlement of
matter in dispute.
a. Compromise
b. confession
c. declaration
d. none of the above

 Answer: A
39. An admission wherein the rights
of the party cannot be prejudiced by an
act, declaration, or omission of
another.
a. Admission by agent
b. Admission by privies
c. admission by joint owner
d. admission by a third party
 Answer: D
40. A mutual succession of
relationship to the same rights of
property.
a. Divvy
b. owner
c. privy
d. none of the above

 Answer: C
41. The evidence not of what the
witness knows by himself but of what
he has heard from others.
a. Testimony
b. hearsay
c. record
d. none of the above

 Answer: B
42. It is the history of family descent
which is transmitted from one generation
to another by both oral and written
declarations and by traditions.
a. Privies
b. birth
c. pedigree
d. none of the above

 Answer: C
43. Res gestae means
a. Crime
b. interest
c. evidence
d. things done

 Answer: D
44. An exclamation made immediately after
some exciting occasion by a participant or
spectator and asserting the circumstances of
what occasion as it is observed by him.
a. Spontaneous statement
b. act
c. expression
d. none of the above

 Answer: A
45. Utterances which accompany
some act or conduct to which it is
desired to give a legal effect.
a. Statements
b. verbal acts
c. equivocal act
d. none of the above

 Answer: B
46. It is a statement by the witness of an
inference as to the existence or nonexistence
of a fact issue, based upon other facts
presented directly to the senses of the witness.
a. Opinion evidence
b. testimony
c. expert evidence
d. none of the above

 Answer: A
47. It refers to the testimony of an
expert witness or persons having
knowledge not usually acquired by
other persons.
a. Direct evidence
b. expert evidence
c. positive evidence
d. real evidence
 Answer: B
48. A person possessing knowledge not
usually acquired by others regarding a
particular subject or department of human
activity.
a. Witness
b. trainer
c. expert
d. none of the above

 Answer: C
49. The testimony of persons who are
particularly skilled, or experienced in
a particular matter.
a. Expertise
b. expert witness
c. expert evidence
d. none of the above

 Answer: C
50. It means possession by a person
of certain qualities of mind or morals,
distinguishing him from others.
a. Privies
b. expert
c. character
d. none of the above

 Answer: C
51. 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.
a. Burden of evidence
b. burden of proof
c. burden of evidence
d. conclusive presumptions

 Answer: B
52. Inference which the law makes so
peremptory that it will not allow them to
be overturned by any contrary proof
however strong.
a. Presumption
b. burden of proof
c. burden of evidence
d. conclusive presumption

 Answer: D
53. Evidence which is submitted to
the court through the testimony or
deposition of a witness.
a. Conclusive evidence
b. Testimonial evidence
c. expert evidence
d. real evidence

 Answer: B
54. Species of evidence that may be
accepted and acted on when there to is
no other evidence to uphold the
connection for which it stands.
a. Presumption
b. burden of proof
c. burden of evidence
d. disputable presumption

 Answer: D
55. A conclusion based from facts.
a. Presumption
b. presumption of fact
c. burden of evidence
d. conclusive presumption

 Answer: B
56. A bar which precludes a person
from denying or asserting anything to
the contrary of that which has been
established as truth.
a. Estoppel
b. presumption of fact
c. estoppel by deed
d. conclusive presumption
 Answer: A
57. Estoppels has three kinds except:
a. Estoppel in pais
b. estoppel by record
c. estoppel by deed

 Answer: A
58. Those who testify in a cause or
give evidence before a judicial
tribunal.
a. Witness
b. expert
c. judge
d. none of the above

 Answer: A
59. A solemn and a formal declaration
or assertion that the witness will tell
the truth.
a. Affirmation
b. prayer
c. day-eng
d. mumbaki

 Answer: A
60. An examination of a witness by
the party opposed to the party who
called such witness.
a. Cross-examination
b. Direct examination
c. formal investigation
d. none of the above

 Answer: A
61. The operation of examining a
witness who has finished his direct
examination in chief, cross examination
and re-direct examination.
a. Cross-examination
c. formal investigation
b. Direct examination
d. re-cross examination
 Answer: D
62. The examination-in-chief of a
witness by the party presenting him
on the facts relevant to the issue.
a. Cross-examination
b. Direct examination
c. formal investigation
d. none of the above

 Answer: B
63. A question which assumes as true
fact not yet testified to by the
witness.
a. Malicious question
b. leading question
c. misleading question
d. answer
 Answer: C
64. Leading question is not allowed
except:
a. On cross examination
b. on preliminary matters
c. both a & b
d. none of the above
 Answer: D
65. Opinion of a witness upon
proper basis is given.
a. Opinion of ordinary witness
b. Opinion of expert witness
c. ordinary evidence
d. none of the above
 Answer: D
66. A witness who manifests so much
hostility or prejudice under
examination-in-chief.
a. Hostile witness
b. hostess witness
c. hired witness
d. none of the above
 Answer: A
67. Documents which have been in
existence for thirty years or more.
a. Ancient document
b. antique document
c. none of the above
d. both a & b
 Answer: A
68. A degree of proof which produces
conviction in an unprejudiced mind.
a. Preponderance of evidence
b. Substantial evidence
c. proof beyond reasonable doubt
d. both a &b

 Answer: C
69. The ultimate fact sought to be
established or the issue to be
resolved
a. Factum probandum
b. factum bandum
c. factum probans
d. non facet reum
 Answer: A
70. An inference which the law requires
to be drawn from the existence of a
certain established facts.
a. Presumption
b. presumption of fact
c. presumption of law
d. conclusive presumption

 Answer: C
71. Confession through the
administration of “truth serum” is not
admissible evidence because it is-
a. Involuntary
b. unacceptable
c. impractical
d. impartial

 Answer: A
72. A presumption which prove the
existence or non-existence of the fact
in issue—
a. Notice
b. material
c. relevant
d. direct

 Answer: A
73. Violation of RA 4200 is ____
as evidence in court.
a. Admissible
b. not admissible
c. can be presented
d. all of these

 Answer: B
74. When the primary evidence cannot
be obtained evidence may be presented
a. Object
b. prima facie
c. secondary
d. documentary

 Answer: C
75. An extra-judicial confession made by
an accused shall not be sufficient unless it
is-
a. Corroborated by evidence of corpus
delicti
b. Supported by testimonial evidenced. c.
voluntarily given
d. presence of a counsel

 Answer: A
76. What is the significance of
evidence presented before the court?
a. Reliability
b. relevancy
c. conformity
d. accurateness

 Answer: B
77. Evidence obtained by means of
duress is inadmissible in court
because it is-
a. Incompetent
b. irrelevant
c. involuntary given
d. any of these

 Answer: A
78. An issue formed by the specific
material allegations of claims or denials
in the pleadings of the parties and are
determined by substantive law is called-
a. Material
b. legal
c. factual
d. relevant

 Answer: A
79. The best evidence rule is aptly
within the threshold of this kind of
evidence-
a. Object evidence
b. testimonial evidence
c. documentary evidence
d. oral evidence

 Answer: C
80. The parole evidence rule applies
only to-
a. Documents
b. written agreements
c. objects
d. testimonial

 Answer: B
81. The direct acknowledgment of
guilt of a person in regards to a
particular case is called-
a. Judicial admission
b. extra-judicial confession
c. judicial confession
d. Extra-judicial admission

 Answer: C
82. A motion to strike out answer or
testimony of a witness is proper in the
following instances, except-
a. Witness answers prematurely
b. The answer is merely yes or no
c. the answer given is unresponsive
d. the ground for objection was not
apparent when the question was asked

 Answer: B
83. The modes of or ways of excluding
inadmissible evidence are:
I. Impeaching the witness
II. Objection
III. Motion to strike out
IV. All of these

a. I & II
b. II & III
c. III & IV
d. I & IV
 Answer: B
84. The exception of hearsay rule is-
a. Oral testimony
b. dying declaration
c. parole evidence
d. testimony of hostile witness

 Answer: B
85. The party who has the burden of
proving the quantum of evidence in
its allegations or denials in their
pleadings is the-
a. Accused
b. defense
c. prosecution
d. each party  Answer: D
86. These axioms of admissibility of
evidence must concur except this one-
a. Material of fact
c. competent
b. Relevant to the issue
d. immaterial to the issue

 Answer: D
87. Any evidence obtained in violation of the
constitutional mandate that “no custodial investigation
shall be conducted unless it be in the presence of the
counsel engaged by the person arrested, or by any
person in his behalf, or appointed by the court upon
petition either by the said person or by anyone in his
behalf”, is inadmissible because it is-
a. Unacceptable
b. incompetent
c. voidable
d. irrelevant  Answer: B
88. It is an ultimate fact or facts to
be established.
a. Factum probans
b. evidence
c. proof
d. factum probandum

 Answer: D
89. If evidence is not excluded by
the Rules of Court, the evidence is

a. Relevant
b. competent
c. admissible
d. none of these

 Answer: B
90. This evidence is formally offered
by the proponent immediately before
he rest his case.
a. Real evidence
b. testimonial evidence
c. documentary evidence
d. parole evidence

 Answer: C
91. It is an outside evidence which is
introduced to prove a fact not
appearing on the face of the
document.
a. Hearsay evidence
b. evidence aliunde
c. substantial evidence
d. judicial notice
 Answer: B
92. What rule requires, in the absence of
showing of fraud, mistake or accident, the
exclusion of extrinsic evidence by which a
party seek to contradict, vary, add or
subtract from the terms of valid agreement
or instrument?
a. Parole evidence
b. best evidence
c. evidence aliunde  Answer: A

d. corroborative
93. It is a plea having been, at the alleged
time of the commission of an act, elsewhere
than the alleged place of commission; it is
the state of being elsewhere.
a. Alibi
b. plea bargaining
c. acquittal  Answer: A

d. all of these
94. It is a principle which provide that
any evidence obtained in the violation of
the rights of the accused cannot be used
against him.
a. Silver plate doctrine
c. fruit of poisonous tree doctrine
b. Exclusionary doctrine
d. good faith doctrine

 Answer: C
95. The following are secondary
evidence, except
a. Blue print
b. duplicate originals
c. photo static
d. transcript

 Answer: A
96. It is the privilege that gives the
descendant to choose whether or not
to testify against his parents or
ascendants. Answer: B

a. Marital communication
b. filial privilege
c. privilege communication
d. platonic privilege
97. Newspaper clippings or facts
published in the newspaper are hearsay
and have no evidentiary value unless
substantiated by a person
 Answer: C
a. Who is the editor
b. who is the source
c. with personal knowledge
d. with authority
  Answer: D

98. Under the opinion rule, the following

 Answer: D
100. It is the means, sanctioned by
the Rules of Court, of ascertaining in
a judicial proceeding the truth
respecting a matter of fact.
a. Evidence
b. criminal procedure
c. remedial law
d. civil law  Answer: A