- 1. 1. When an accused invokes self-defense to escape criminal liability, the accused assumes the burden to establish his plea through:
A) Clear evidence
B) Credible evidence
C) Convincing evidence
D) All of these
- 2. 2. It is the substance or foundation of a crime; the substantial fact that a crime has been committed.
A) Corpus delicti
B) Factum probans
C) Motive
D) Intent
- 3. 3. It is the cause or reason that moves the will and induces action.
A) All of these
B) Purpose
C) Motive
D) Intent
- 4. 4. The court may stop the introduction of further testimony upon any particular point when the evidence upon it s already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive.
A) None of these.
B) Superfluous cumulative evidence
C) Superfluous corroborative evidence
D) Excessive cumulative evidence
- 5. 5. The accused asserted that he was so far away that he could not have been physically present at the place of the crime or its immediate vicinity at the time of its commission. This defense is known as:
A) Denial
B) Alternative defense
C) Alibi
D) None of these.
- 6. 6. In any case where the opinion of an expert witness is received in evidence, the court has a wide latitude of discretion in determining the weight to be given to such opinion, and for that purpose may consider:
A) All of these
B) Whether it is the product of reliable principles and methods.
C) Whether the witness has applied the principles and methods reliably to the facts of the case.
D) Whether the opinion is based on sufficient facts or data.
- 7. 7. This take place when a prima facie case exists based on the evidence-at-hand including but not limited to witnesses, documentary evidence, real evidence, and the like, and such evidence, on its own and if left uncontroverted by accused, shall be sufficient to establish all the elements of the crime or offense charged, and consequently warrant a conviction beyond reasonable doubt.
A) Moral certainty
B) Proof beyond reasonable doubt
C) Reasonable Certainty of Conviction
D) Guilt beyond doubt
- 8. 8. An extra-judicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence of:
A) Corpus delicti
B) Corroborative witness
C) Vouched for by the prosecution
D) None of these.
- 9. 9. This element can be proven by the conduct of the accused before, during, and after the commission of the crime showing that they acted in unison with each other, evincing a common purpose or design.
A) Conspiracy
B) Treachery
C) Evidence premeditation
D) Cruelty
- 10. 10. Circumstantial evidence is sufficient for conviction if:
A) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
B) The circumstantial evidence is testified to.
C) The circumstantial evidence is credible.
D) The circumstantial evidence is form a truthful witness.
- 11. 11. It is an inclination or a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction.
A) Prior knowledge
B) Bias
C) Unfairness
D) Predisposition
- 12. 12. It commences when a person is taken into custody and is singled out as a suspect in the commission of the crime under investigation.
A) Initial investigation
B) Preliminary investigation
C) Custodial investigation
D) Police investigation
- 13. 13. It means such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction is an unprejudiced mind.
A) Substantial evidence
B) Convincing evidence
C) Absolute proof
D) Proof beyond reasonable doubt
- 14. 14. The negligence of the plaintiff does no preclude a recovery for the negligence of the defendant where it appears that the defendant, by exercising reasonable care and prudence, might have avoided injurious consequences to the plaintiff notwithstanding the plaintiff's negligence.
A) Doctrine of last clear chance
B) Doctrine of culpability
C) Doctrine of proximate cause
D) Doctrine of principal liability
- 15. 15. It does not consist merely in the greater numerical array of witnesses, but means the weight, credit, and value of the aggregate evidence on either side.
A) Superiority of evidence
B) Substantial evidence
C) Preponderance of evidence
D) Credibility of evidence
- 16. 16. Falsus in uno, falsus in omnibus. This is translated as:
A) All of these.
B) The witness who has been found to swear falsely as to one matter is not worthy of belief n other matters.
C) False as to one thing, false as to all things.
D) Error in one point, error in all points.
- 17. 17. It is basic that when a crime is committee, the first duty of the prosecution s to prove the the perpetrator of the crime beyond reasonable doubt for there can be no conviction even if the commission of the crime is established.
A) Identity
B) Liability
C) Culpability
D) Responsibility
- 18. 18. It is worthiness of belief or that quality in a witness which renders his evidence worthy of belief.
A) Credibility
B) Possibility
C) Believability
D) Plausibility
- 19. 19. A testimony which consists of statements as to what a witness has heard or seen.
A) None of these.
B) Declarative
C) Affirmative or positve
D) Assertive
- 20. 20. We have no test of the truth of human testimony, except in conformity to our:
A) Experience
B) Knowledge
C) All of these.
D) Observation
- 21. 21. It refers to the duty of a party to establish a claim or defense on a disputed fact with the indispensable quantum of proof. It never shifts.
A) Burden of evidence
B) Probable cause
C) Burden of proof
D) Proof
- 22. 22. It means an actual belief or reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man to believe that a crime has been committed or about to be committed.
A) Proof
B) Convincing evidence
C) Preponderance of evidence
D) Probable cause
- 23. 23. It is evidence which produces in the mind of the trier of fact a firm belief or conviction as to the allegation sought to be established. It is indeterminate, being more than preponderance, but not to the extent of such certainty as is required beyond reasonable doubt in criminal cases.
A) Substantial evidence
B) Clear and convincing evidence
C) Preponderance of evidence
D) Credible evidence
- 24. 24. It refers to that amount of relevant evidence which a reasonable might accept as adequate to justify a conclusion.
A) Proof
B) Substantial evidence
C) Probable cause
D) Preponderance of evidence
- 25. 25. It is determined by its adherence to relevancy and competency to the fact in issue when assayed by the Constitution and pertinent law or the rules.
A) Legality of evidence
B) Admissibility of evidence
C) Weight of evidence
D) Probability of evidence
- 26. 26. It is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case.
A) Burden of proof
B) Probable cause
C) Proof
D) Burden of evidence
- 27. 27. This rule states that when there is doubt as to where the preponderance of evidence lies, the party with the burden of proof fails.
A) Equiponderance of evidence rule
B) Reasonable doubt rule
C) Convincing evidence rule
D) Tight proof rule
- 28. 28. It is dependent on judicial evaluation of admitted evidence.
A) Admissibility of evidence
B) Credibility of evidence
C) Weight of evidence
D) Authenticity of evidence
- 29. 29. It means that the evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other.
A) Superior evidence
B) Preponderance of evidence
C) Proof beyond reasonable doubt
D) Convincing evidence
- 30. 30. It means evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.
A) Proof beyond reasonable doubt
B) Preponderance of evidence
C) Weight of evidence
D) Probable cause
- 31. 31. Upon the conclusion of the re-direct examination, the adverse party may ask questions to the witness on matters stated in his or her re-direct examination, and also on such other matters as may be allowed by the court in its discretion.
A) Cross examination
B) Examination in chief
C) Re-cross examination
D) Re-direct examination
- 32. 32. After the cross-examination of the witness has been concluded, he or she may be re-examined by the party calling him or her to explain or supplement his or her answers given during the cross-examination. This refers to:
A) None of these.
B) Re-direct examination
C) Direct examination
D) Clarificatory questioning
- 33. 33. If the witness has adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand, he may be declared as:
A) Unwilling witness
B) Hostile witness
C) Adverse witness
D) Disinterested witness
- 34. 34. When cross-examination is not and cannot be done or completed due to causes attributable to the party who offered the witness, the uncompleted testimony is thereby rendered incompetent and should be:
A) Excluded from the record
B) Stricken form the record
C) Deleted from the record
D) Disregarded form the record
- 35. 35. It is the process of using evidence to show that a witness's perception, memory, or truthfulness is flawed.
A) Impeaching a witness
B) Excluding a witness
C) Incriminating a witness
D) None of these.
- 36. 36. The purpose of the questioning is to test the witness' accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.
A) Cross examination
B) Re-cross examination
C) Re-direct examination
D) Direct examination
- 37. 37. This is done to to reexamine the witness and to repeat any or all of the questions asked during the examination in chief.
A) Disqualification of a witness
B) Exclusion of a witness
C) Recall of a witness
D) Impeachment of a witness
- 38. 38. When the question which assumes facts not on record is asked on direct examination, it is objectionable for:
A) Leading
B) Assuming
C) Lack of basis
D) Misleading
- 39. 39. When the question which assumes facts not on record is asked on cross-examination, it is objectionable for being:
A) Vague
B) Misleading
C) Assuming
D) Unsupported
- 40. 40. The opposing party uses this to weaken a witness's credibility and to obtain testimony that supports their case.
A) Re-cross examination
B) Re-direct examination
C) Direct examination
D) Cross examination
- 41. 41. If the criminal case has a penalty of less than a year of imprisonment, the parties must first under conciliation proceedings in the:
A) The Prosecutor
B) The Court
C) The Tanod
D) Barangay
- 42. 42. These questions are not generally allowed in:
A) Direct examination
B) Clarificatory questioning by the court
C) Re-direct examination
D) Cross examination
- 43. 43. The Judiciary is headed by the:
A) The Ombudsman
B) Chief Justice
C) The President
D) Secretary of Justice
- 44. 44. It is a question that suggests the answer the questioner wants to hear.
A) Random question
B) Misleading question
C) Clarificatory question
D) Leading question
- 45. 45. If the case had been decided by the Regional Trial Court and the accused would want to appear his conviction, what court should he file the appeal?
A) Sandiganbayan
B) Court of Appeals
C) Supreme Court
D) Ombudsman
- 46. 46. On appeal to the Court of Appeals or the Supreme court, the Plaintiff in a criminal case or the People of the Philippines will be represented by:
A) The Public Prosecutor
B) The Office of the Solicitor General
C) The Ombudsman
D) The Secretary of Justice
- 47. 47. In which examination of the witness may the Judicial Affidavit of the said witness supplant his open court testimony?
A) Cross examination
B) Direct examination
C) Re-direct examination
D) Re-cross examination
- 48. 48. The party asking direct examination questions to the witness is the:
A) Opponent
B) The Court
C) Proponent
D) The magistrate
- 49. 49. This kind of examination of the witness is to allow an attorney to question their own witnesses to present evidence that supports their case.
A) Re-cross examination
B) Direct examination
C) Cross examination
D) Re-direct examination
- 50. 50. The first questioning of a witness by the party that called them to the stand.
A) Cross examination
B) Direct examination
C) Preliminary examination
D) Rebuttal
- 51. 51. If the person who executed an affidavit or counter- affidavit fails to testify to affirm his affidavit in court, his affidavit cannot be admitted in evidence being:
A) Hearsay
B) Unverified
C) Invalid
D) Unattested
- 52. 52. It refers to the freedom to decide what should be done in a particular situation. Usually, the judge uses this in asking clarificatory questions.
A) Discretion
B) Wisdom
C) Intelligence
D) Acumen
- 53. 53. The judge may ask questions during the direct examination or even during the cross examination to the witness on the stand. This is known as:
A) Incriminatory questioning
B) None of these.
C) Judicial questioning
D) Clarificatory questioning
- 54. 54. The person who executed an affidavit is known as the:
A) Attestator
B) Affiant
C) Truant
D) Declarant
- 55. 55. The persons who appear in court and who are involved in a lawsuit are generally known as:
A) Litigants
B) Defendants
C) Plaintiffs
D) Complainants
- 56. 56. The witness cannot be detained longer that necessary when he testifies in court. This is also in consonance with the:
A) Contempt rule
B) None of these
C) Speedy trial rule
D) One-Day Witness Rule
- 57. 57. Which of the following courts are not categorized as First Level Courts?
A) Municipal Circuit Trial Court
B) Municipal Trial Court in Cities
C) Regional Trial Court
D) Metropolitan Trial Court
- 58. 58. It refers to the postponement of a court proceeding to a later date.
A) Continuance
B) Resetting
C) Retrial
D) Postponement
- 59. 59. There are laws which grant immunity to witnesses in case they be incriminated or charged as a result of their testimony. This also removes the right of the witness to invoke the right against self- incrimination.
A) Immunity statutes
B) Immunity from suits
C) Right against self-incrimination waiver
D) Witness shield rule
- 60. 60. A witness may be allowed to refresh his or her memory respecting a fact by anything written or recorded by himself or herself, or under his or her direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his or her memory and he or she knew that the same was correctly written or recorded. This is known as:
A) Simple recall rule.
B) Revival of present memory
C) Refreshing a memory.
D) Recollecting a memory.
- 61. 61. The judge can also separate witnesses to prevent improper influence during the trial. This is known as:
A) Exclusion of a witness
B) Impeaching a witness
C) None of these.
D) Corroborating a witness.
- 62. 62. It refers to other testimony of the same witness, or other evidence presented by him in the same case.
A) Contradictory evidence
B) Cumulative evidence
C) None of these.
D) Corroborating evidence
- 63. 63. They refer to statements, oral or documentary, made by the witness sought to be impeached on occasions other than the trial in which he is testifying.
A) Corroborative evidence
B) Contradictory evidence
C) Inadmissible evidence
D) Prior inconsistent statements
- 64. 64. If the parties failed to reconcile in the barangay confrontation, what must be issued so that the case may be filed?
A) Certificate to elevate case
B) Certificate to file action
C) Certificate of failed conciliation
D) Certificate of failure to conciliate
- 65. 65. If documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. This is known as:
A) Exclusion of evidence
B) Tender of excluded evidence
C) All of these.
D) Recalling an evidence
- 66. 66. A witness may also testify from such a writing or record, though he or she retains no recollection of the particular facts, if he or she is able to swear that the writing or record correctly stated the transaction when made. This is known as:
A) Revival of past recollection
B) Revival of present memory
C) Refreshing a past memory.
D) Recollecting the past
- 67. 67. If an inadmissible evidence is being offered, the opposing party must:
A) Object
B) Concur
C) Dissuade
D) Dissent
- 68. 68. Laying the predicate in impeaching a witness consists of:
A) By giving him a chance to explain the inconsistency.
B) By confronting him with such statements; with the circumstances under which they were made.
C) All of these.
D) By asking him whether he made such statement.
- 69. 69. Who make a ruling as to admissibility of evidence?
A) The parties
B) The judge
C) The defense counsel
D) The prosecutor
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