CLJ5 Evidence
  • 1. An inference of the existence or nonexistence of some facts which courts are to draw from the proof of other facts.
A) Burden of Evidenced. None of the above
B) Presumption
C) Presumption
D) Burden of proof
  • 2. Evidence that is given to explain, repel, counteract, or disprove facts given in evidence by the adverse party.
A) Conclusive Evidence
B) Sur-rebuttal Evidence
C) Rebuttal Evidence
D) Rebuttal Evidence
E) Secondary Evidence
  • 3. In the same criminal proceeding as above-mentioned, it was revealed that during the direct examination that Leonilo testified in court with respect to what was told to him by Pedro, while he was lying on the ground. If you were the counsel for the accused, what possible ground of objection you will raise, if any?
A) I will object because the testimony is based on opinion only
B) I will object because the testimony is hearsay
C) I will not object because the testimony allowed by law
D) I will object because the testimony is irrelevant
E) I will object because the testimony is hearsay
  • 4. It is the declaration of an accused before the court acknowledging his guilt to the offense charged, or of any offense necessarily included therein.
A) extra-judicial confession
B) judicial admission
C) judicial confession
D) admission
E) judicial admission
  • 5. In the law of evidence, how do you categorize or treat the statements of Peter?
A) they are extrajudicial admission
B) they are extra judicial confession
C) they are judicial admission
D) they are judicial confession
E) they are extra judicial confession
  • 6. Assuming that B at the time he informed SPO2 Masigasig ofa the identity of his notorious assailant, believes that he was dying at that time, but he did not actually die. What basis could be used to establish the identity of A?
A) declaration against interest
B) res gestae
C) dying declaration
D) common reputation
E) res gestae
  • 7. It is an additional evidence of a different character but to the same point.
A) direct evidence
B) positive evidence
C) corroborative evidence
D) cumulative evidence
E) corroborative evidence
  • 8. The direct acknowledgment of guilt of a person in regards to a particular case is called.
A) judicial admission
B) judicial confession
C) extra-judicial admission
D) extra-judicial confession
E) judicial confession
  • 9. f you are for the prosecution, what would you prove to sustain the case for parricide?
A) Relationship of Peter and Juanas legitimates on and father, respectively
B) Relationship of Maria and Juan as live in partners
C) Relationship of Peter and Juanas legitimates on and father, respectively
D) Relationship of Maria and Peter as mother and legitimate son, respectively.
E) Relationship of Peter and Juan as son and father, respectively.
  • 10. In criminal cases, who has the burden of proof?
A) The prosecution has the duty to prove because the accused is not interested in the criminal case
B) The accused has the onus probandi because he is the one charged
C) The prosecution has the on us proband because it is the party filing the case
D) The prosecution has the on us proband because it is the party filing the case
E) The accused has the duty to prove because he will be put to jail if he cannot prove his innocence
  • 11. This refers to an inference which the law makes so peremptory that it will not allow such inference to be overturned by any contrary proof however strong.
A) Burden of Proof
B) Presumption Juris et de Jure
C) Presumption Juris Tantum
D) Presumption Juris et de Jure
E) Onus Probandi
  • 12. What evidentiary value does the statement of Peter implicating John as his companion in committing the crime?
A) It is not admissible under the ante litem motam rule
B) it is not admissible under the res ipsa loquitor rule
C) It is not admissible under the inter aliosactanocerenondebet rule
D) It is not admissible under the inter aliosactanocerenondebet rule
E) It is not admissible under the res gestae rule
  • 13. When may an ordinary citizen give his opinion regarding the handwriting of a person?
A) When it is handwriting of one whom he has sufficient familiarity.
B) When he is criminology graduate
C) when he has to testify only as to mental and emotional state of the one who authored the writing.
D) When he is a Questioned document examiner
E) When it is handwriting of one whom he has sufficient familiarity.
  • 14. Dr. Gambe conducted an autopsy on the cadaver of the victim in a murder case. When he was presented as a witness, the defense objected arguing that the consent of the heirs (relatives) of the victim should be first given of the results of the autopsy being privileged in nature. If you were the judge, decide whether the following reasons given can legally support your ruling on the objection.
A) The doctor can testify because the case is not criminal in nature.
B) the doctor can testify because the case is not civil in nature.
C) the doctor can not testify because the communication is privileged
D) the doctor can not testify because it is hearsay.
E) the doctor can testify because the case is not civil in nature.
  • 15. A question which suggest to the witness the answer which the examining party desires.
A) Answer
B) Maliciousquestion
C) Leading question
D) Misleading question
E) Leading question
  • 16. The evidence as a whole adduced by one side is superior to that of the other.
A) All of the above
B) Preponderanceofevidence
C) Substantial evidence
D) Preponderanceofevidence
E) None of the above
  • 17. Zanjoe was charged with murder. To prove that he fired a gun, during the trial of the case, the prosecution presented the results of a paraffin test which showed that the hands of the accused were positive for nitrates or nitrites. The defense argued that mere presence of nitrates or nitrites in the accused hands cannot be the basis that accused was firing his gun and therefore responsible for the killing. What is the factum probandum in the case at bar?
A) Whether or not Zanjoe is the one firing the gun
B) Whether or not Zanjoe is the one firing the gun
C) Whether or not Zanjoe is the one committing the crime
D) Whether or not Zanjoe is positive for nitrates or nitrites
E) Whether or not Zanjoe is questioning the results of the paraffin test
  • 18. Evidence supplied by written instruments or derived from conventional symbols, such as letter, by which ideas are represented on material substances.
A) Documentary Evidence
B) Object Evidence
C) Substantial Evidence
D) Direct Evidence
E) Direct Evidence
  • 19. A and B were passengers of the ill-fated MV St Thomas Aquinas that figured in a sea collision in the seawater off Talisay City. There was no evidence to show who, as to them, died first. A was 21 years old and he was a graduating student, while B was 45 years old and she was employed at UK) University of Kalubihan. Under the law of evidence, who survives or died last?
A) It was A who survived
B) It was A who died first
C) It was B who survived
D) It was B who died last
E) It was A who survived
  • 20. On the same vessel MV St Thomas Aquinas, X, 61 years old and W, 14 years old (Father and daughter, respectively) were also missing and up to this time, their bodies were not recovered. Who was presumed to have died first?
A) X died a head of W
B) X died a head of W
C) W died ahead of X
D) X died after W
E) Both died at the same time
  • 21. Evidence which standing alone, unexplained or uncontradicted is sufficient to maintain a proposition.
A) Conclusive Evidence
B) Prima facie Evidence
C) Prima facie Evidence
D) Circumstantial Evidence
E) Direct Evidence
  • 22. Any evidence obtained in violation of the constitutional mandate that "no custodial investigation shall be conducted unless it be in the presence of 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) incompetent
B) voidable
C) unacceptable
D) irrelevant
E) incompetent
  • 23. In a case for homicide, the defense presents self-defense as his defense. The court ordered for a reverse trial where the defense is required to present first its evidence. The first witness was presented. Which of the following statements is correct?
A) The prosecution will conduct re-direct examination
B) The defense will conduct the direct examination
C) The prosecution will conduct the direct examination
D) The defense will conduct the direct examination
E) The defense will conduct the cross-examination
  • 24. The Original Document Rule is aptly within the threshold of this kind of evidence –
A) documentary evidence
B) object evidence
C) oral evidence
D) testimonial evidence
E) documentary evidence
  • 25. Ally. Enrique Iglesias is holding law office at Sanciangko Street, Cebu City. One day, be was conferring with his client, Floyd Pacquiao, at his law office when Mung Tomas, a janitor-clerk, who was cleaning the floor, overheard their conversation. Mang Tomas had a conversation with Joy Salsa, his wife and he told to her about the discussion of Alty. Iglesias and his client Floyd Pacquiao. The adverse party through Joy Salsa heard about conversation of Ally, Iglesias and Floyd Pacquiao, During the trial of the case, the opponents of Floyd Pacquiao called Mang Tomas to testify against Floyd Pacquiao. Joy Salsa was also called to testify. If you were Ally. Enrique Iglesias, what possible ground of objection, if any, will you raise when Mang Tomas is presented in court?
A) I will object on the ground of irrelevancy of evidence
B) I will not object because it was true that Mang Tomas had beard the conversation
C) will object on the ground of incompetency of evidence
D) I will object on the ground of lawyer client privileged communication
E) I will object on the ground of irrelevancy of evidence
  • 26. Noel, who is a Protestant (not Catholic), sought spiritual advice from Rev. Fr. Jeffrey, a Catholic Priest, regarding a matter that had nagged Noel's conscience. Rev. Fr. Jeffrey gave advice to Noel. When he was subpoenaed to appear and testify before the court regarding their conversation with Noel, Rev. Fr. Jeffrey refused to testify on the matter discussed with and his advice given to Noel. Which of the following statement is correct?
A) The priest cannot testify without violating the hearsay evidence rule
B) .The priest cannot be compelled to testify because of priest-penitent privileged communication
C) The priest can testify as the situation falls under the rule on res gestae
D) The priest cannot testify without violating the hearsay evidence rule
E) The testimony of the priest is admissible because it is a declaration against interest
  • 27. Evidence which proves the fact in dispute without the aid of any interference or presumption.
A) Direct Evidence
B) Direct Evidence
C) Circumstantial Evidence
D) Corroborative Evidence
E) Negative Evidence
  • 28. If you were the judge, will you allow Mang Tomas to testify?
A) Yes, because Mang Tomas he did not intentionally spy on his boss lawyer Enrique Iglesias
B) No, because the testimony of Mang Tomas violates the lawyer-client privileged communication rule.
C) No, because the testimony of Mang Tomas is pure hearsay
D) Yes, because he has personal knowledge since, he was present at the time Atty. Iglesias and Floyd Pacquaio had conversation
E) Yes, because he has personal knowledge since, he was present at the time Atty. Iglesias and Floyd Pacquaio had conversation
  • 29. The admission which is made in certain and unequivocal words.
A) Testimonial Evidence
B) Implied Admission
C) Secondary Evidence
D) Express Admission
E) Express Admission
  • 30. When Joy Salsa was called to testify, Atty. Iglesias vehemently objected. Under what rule shall the objection be based?
A) marital privilege communication rule
B) marital privilege disqualification rule
C) res inter alios acta nocere non debet rule
D) hearsay evidence rule
E) marital privilege communication rule
  • 31. 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 Investigationd. Re-cross examination
D) Direct examination
  • 32. Evidence that has a tendency in reason to establish the probability or improvability of a fact in issue.
A) Direct Evidence
B) Material Evidence
C) Material Evidence
D) Relevant Evidence
E) Rebuttal Evidence
  • 33. Which is not an element in dying declaration?
A) The declaration refers to the cause and surrounding circumstances of the declarant's death
B) The declaration was made under consciousness of an impending death
C) he declarant survives
D) The declaration relates to facts which the victim is competent to testify
E) he declarant survives
  • 34. A and B are brothers in law and likewise are mortal enemies. One time, A threatened to kill B. A has a common reputation of being a killer. One night in a lighted place, A suddenly stabbed B from behind. Before A could escape, B was able to identify him. As B lay wounded, SPO Masigasig responded and to whom B pointed A as the one who attacked him. SPO2 Masigasig arrested A on the basis of such declaration. B died few hours after. Which of the following best describes the statement of B?
A) It is corroborative evidence
B) it is circumstantial evidence
C) it is a dying declaration
D) it is a dying declaration
E) It is hearsay
  • 35. Unreasonable delay to seek or assert a right at a proper time.
A) Estoppel in pais
B) Estoppel by lashes
C) Estoppel by deed
D) None of the above
E) Estoppel in pais
  • 36. Which of the following pieces of evidence is excluded by the Rules of Court?
A) testimony of a deaf-mute in the oral defamation case
B) testimony of a blind man in the murder incident involving use of firearm
C) testimony of a deaf-mute in the oral defamation case
D) testimony of a victim's cousin who was a drug addict
E) testimony of a 5-year-old girl who was raped
  • 37. Evidence which is not excluded by law.
A) Competent Evidence
B) Competent Evidence
C) Object evidence
D) Rebuttal Evidence
E) Prima Facie Evidence
  • 38. The prosecution wishes to present Maria as one of the witnesses against her son Peter. A subpoena was issued for her to appear in court and testify. Maria approached you for an advice since she is not interested to testify. Can Maria refused to testify even when she received the subpoena?
A) Yes, she can refuse to testify under the parental privilege rule
B) Yes, she can refuse to testify under the parental privilege rule
C) No, she cannot refuse because the subpoena is issued by the Court
D) Yes, she can refuse not to testify because of privilege communication
E) No, she cannot refuse to testify because it is not covered by marital disqualification rule
  • 39. The parol evidence rule applies only to
A) written agreements
B) testimonial
C) objects
D) documents
E) written agreements
  • 40. Evidence of the same kind and character as that already given and tends to prove the same point.
A) Rebuttal Evidence
B) Testimonial Evidence
C) Rebuttal Evidence
D) Cumulative Evidence
E) Positive Evidence
  • 41. Criminal procedure primarily governs
A) Administrative penalties
B) Ethical conduct of lawyers
C) Manner of enforcing criminal law
D) Civil actions for damages
E) Substantive rights of parties
  • 42. The purpose of criminal procedure is to
A) Punish the accused immediately
B) Protect only the victim
C) Avoid police investigations
D) Prolong the trial process
E) Secure the conviction of the guilty while ensuring the innocent are not punished
  • 43. A criminal action is instituted by
A) Arrest of the accused
B) Trial commencement
C) Decision of the judge
D) Filing of a complaint or information
E) Issuance of a subpoena
  • 44. A complaint is filed by
A) The judge
B) The defense lawyer
C) The offended party or any peace officer
D) The prosecutor
E) The accused
  • 45. An information is signed by
A) The prosecutor
B) The judge
C) The police investigator
D) The complainant
E) The accused
  • 46. The jurisdiction over criminal cases depends primarily on
A) The nationality of the accused
B) The penalty prescribed by law for the offense
C) The type of evidence presented
D) The place of arrest
E) The amount of damages claimed
  • 47. The accused is entitled to counsel
A) Only when he requests for it
B) Only during arraignment
C) After conviction
D) Only during trial
E) At all stages of the criminal process
  • 48. Arraignment must be conducted
A) In the police station
B) In open court
C) Only in the prosecutor’s office
D) During preliminary investigation
E) In private
  • 49. Plea bargaining is
A) Decided by the police
B) A negotiation between prosecutor and accused for a lesser offense
C) A negotiation between judge and witness
D) The same as arraignment
E) Forbidden in criminal law
  • 50. When the accused pleads guilty, the court must
A) Dismiss the case
B) Refer to mediation
C) Conduct a searching inquiry
D) Issue a warrant
E) Immediately convict him
  • 51. A warrant of arrest is issued by
A) The judge
B) The mayor
C) The prosecutor
D) The complainant
E) The police chief
  • 52. Bail is a?
A) Civil indemnity
B) Guarantee for appearance in court ‎
C) Confession
D) Punishment
E) Fine
  • 53. The right to speedy trial means
A) The accused cannot delay trial
B) Trial must be finished in one day
C) No postponement is allowed
D) The prosecution must drop weak cases
E) The court must dispose of the case without unreasonable delay
  • 54. Double jeopardy exists when
A) There are two informations filed
B) The accused appeals his case
C) The accused is tried twice for the same offense
D) The prosecution presents two witnesses
E) The court changes the charge
  • 55. The preliminary investigation determines
A) The jurisdiction of the court
B) The guilt of the accused
C) The sentence to be imposed
D) The sufficiency of evidence to file information
E) The civil damages
  • 56. The burden of proof in criminal cases lies with
A) The accused
B) The complainant’s lawyer
C) The defense
D) The prosecutor
E) The judge
  • 57. The quantum of proof required for conviction is
A) Proof beyond reasonable doubt
B) Probable cause
C) Clear and convincing evidence
D) Preponderance of evidence
E) Substantial evidence
  • 58. Probable cause is required for
A) Issuance of warrant of arrest
B) Filing of complaint
C) Appeal
D) Conviction
E) Execution of judgment
  • 59. The exclusionary rule means:
A) Character evidence is always allowed
B) All evidence is admissible
C) Only hearsay is excluded
D) Illegally obtained evidence is inadmissible
E) Confessions can be forced
  • 60. Hearsay evidence is
A) Based on what another person told the witness
B) Always admissible
C) Based on the witness’s own knowledge
D) Derived from physical evidence
E) From an expert opinion
  • 61. Which of the following is not a valid ground for a motion to quash?
A) The information does not conform substantially to the prescribed form
B) The officer who filed the information had no authority to do so
C) The court has no jurisdiction over the person of the accused
D) The facts charged do not constitute an offense
E) The accused was previously convicted of another offense
  • 62. When an accused pleads guilty to a capital offense, what must the court do?
A) Immediately impose sentence
B) Dismiss the case
C) Require the prosecution to prove the guilt and degree of culpability
D) Refer the case to the Supreme Court
E) Ask the accused to withdraw the plea
  • 63. A subpoena duces tecum requires a person to
A) Remain in detention
B) Produce documents or objects for inspection
C) Pay a fine to the court
D) Execute a written testimony
E) Appear in court and testify
  • 64. The Best Evidence Rule states that
A) Only the original of a document is admissible to prove its contents
B) Copies are sufficient proof of authenticity
C) The court decides which evidence is best
D) Testimonies are better than written evidence
E) Secondary evidence may always be admitted
  • 65. The prosecution must prove the guilt of the accused
A) Beyond reasonable doubt
B) By credible testimony
C) By probable cause
D) By a preponderance of evidence
E) By clear and convincing evidence
  • 66. What is testimonial evidence?
A) Expert opinion submitted to the court
B) Audio recordings
C) Objects used in the commission of the crime
D) Testimony given by witnesses under oath
E) Written statements or documents
  • 67. The Miranda Doctrine protects
A) The right to speedy disposition of cases
B) The right to bail
C) The right to appeal
D) The right to be free from double jeopardy
E) The right against self-incrimination and to counsel
  • 68. When a case is dismissed after the prosecution rests, it is usually due to
A) Demurrer to evidence
B) Improper venue
C) Lack of probable cause
D) Rebuttal testimony
E) Double jeopardy
  • 69. Corpus delicti means
A) The body of the victim only
B) The confession of the suspect
C) The facts proving that a crime has been committed
D) The person of the accused
E) The penalty imposed by law
  • 70. The judicial affidavit rule aims to
A) Simplify cross-examination
B) Allow secret testimonies
C) Speed up trial by replacing direct testimonies with affidavits
D) Remove the need for witnesses
E) Avoid written evidence
  • 71. The finality of judgment means:
A) The decision can still be appealed
B) The case is transferred to another court
C) The case is reopened automatically
D) The decision is void
E) The judgment can no longer be modified or appealed
  • 72. A warrant of arrest is issued only upon:
A) Filing of the affidavit
B) Request of the police officer
C) Order of the prosecutor
D) Motion of the complainant
E) Finding of probable cause by the judge ‎ ‎
  • 73. The doctrine of fruit of the poisonous tree refers to:
A) Evidence approved by the court
B) Evidence derived from an illegal search or seizure
C) Evidence obtained from a lawful arrest
D) Evidence submitted by the defense
E) Evidence based on the testimony of a witness
  • 74. Which of the following statements about bail is correct?
A) Bail is a matter of right after conviction by the RTC
B) Bail automatically extinguishes the criminal case
C) Bail is a security for the release of an accused
D) Bail is not allowed before filing of a complaint
E) Bail may be posted only by the police
  • 75. Double jeopardy means:
A) Being tried in two different courts
B) Being acquitted and later convicted
C) Being convicted twice of different offenses
D) Being tried twice for the same offense
E) Being arrested by two police units
  • 76. The Sandiganbayan has jurisdiction over:
A) Civil cases involving government officials
B) Administrative cases of government employees
C) All criminal cases
D) Election-related crimes
E) Crimes committed by public officials in relation to their office
  • 77. The chain of custody rule applies primarily to
A) Estafa cases
B) Traffic violations
C) Libel cases
D) Trespassing cases
E) Drug-related cases
  • 78. When an accused fails to appear during arraignment without just cause, the court may:
A) Issue a warrant of arrest
B) Suspend the prosecutor
C) Appoint a public attorney
D) Dismiss the case
E) Proceed with trial
  • 79. Direct examination refers to:
A) Leading questions by any party
B) Questioning by the judge
C) Questioning by the prosecution of its own witness
D) Questioning by the defense
E) Cross-examination of witnesses
  • 80. Leading questions are generally:
A) Prohibited during all examinations
B) Required in re-direct examination
C) Used only by expert witnesses
D) Allowed during direct examination
E) Allowed during cross-examination
  • 81. Cross-examination is conducted to:
A) Present new evidence
B) Support the testimony of one’s own witness
C) Test the truthfulness and credibility of the witness
D) Summarize all testimonies
E) Introduce exhibits
  • 82. 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) Direct Evidence
B) Circumstantial Evidence
C) Competent Evidence
D) Circumstantial Evidence
E) Expert Evidence
  • 83. Mary lost her original copy of the documents of sale covering a parcel of land. The same parcel of land is subject of a case in court as to who is the true owner. What rule will Mary invoke so that she may be allowed to prove her claims in court?
A) documentary evidence rule
B) secondary evidence rule
C) parol evidence rule
D) testimonial knowledge rule
E) secondary evidence rule
  • 84. It is a general rule in evidence where the rights of a party cannot be prejudiced by an act, declaration, or omission of another.
A) res inter alios acta rule
B) res inter alios acta rule
C) testimonial knowledge rule
D) dying declaration
E) res gestae rule
  • 85. What possible factum probans would prove the relationship between the culprit and the victim?
A) Baptismal certificate of Peter where the name of Juan appear sin the entry of father
B) Birth Certificate of Peter where the entry of Father's Name is marked "unknown"
C) Testimony of Maria that she is the mother of Peter and Juan is the father
D) Testimony of Maria that she was a mistress of Juan
E) Baptismal certificate of Peter where the name of Juan appear sin the entry of father
  • 86. An evidence which aside from being relevant affects the issue in important and substantial matter.
A) material evidence
B) corroborative evidence
C) material evidence
D) relevant evidence
E) substantial evidence
  • 87. Inference which the law makes so peremptory that it will not allow them to be overturned by any contrary proof however strong.
A) Burden of Evidence
B) Presumption
C) Presumption
D) Conclusive presumption
E) Burden of proof
  • 88. A dying person miraculously survived. What is the effect of his statement made to another immediately after the incident concerning the circumstances of his injuries?
A) .it is considered a dying declaration c. it is extrajudicial confession b. it is considered part of the res gestae
B) it is considered part of the res gestae
C) it is considered a dying declaration L
D) it is a declaration against interest
E) it is extrajudicial confession
  • 89. Models, maps, charts, and graphs are called?
A) real evidence
B) demonstrative evidence
C) demonstrative evidence
D) cumulative evidence
E) corroborative evidence
  • 90. What is the value of the paraffin test as evidence?
A) It proves the presence or absence of nitrates or nitrites
B) It proves the conduct of the paraffin test only
C) It proves the firing of the gun by the person found positive of nitrates or nitrites
D) It proves the guilt of the person found positive of nitrates or nitrates
E) It proves the presence or absence of nitrates or nitrites
  • 91. These questions suggest to the witness the answers to which an examining party requires.
A) hearsay
B) leading
C) stupid
D) misleading
E) leading
  • 92. That logical necessity which rests on a party at any particular time during the trial to create a prima facie case in his favor, or to overthrow one when created against him.
A) Burden of proof
B) Burden of evidence
C) None of the above
D) presumption
E) Burden of evidence
  • 93. In the foregoing case, B's statement identifying A as his assailant may not be considered a dying declaration because in dying declaration.
A) B'sdeath is indispensable
B) B and A must have argument and has grudges
C) The declaration must be written
D) B'sdeath is indispensable
E) B's wound must be fatal
  • 94. 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) Presumptions
D) Burden of proof
E) None of the above
  • 95. The affidavits of the witnesses may be made as basis of their oral testimony where they will be subject to cross examination once they are able to identify their affidavits. Which procedure gives imprimatur in order to expedite the presentation of a witness?
A) The Rules of Summary Procedure
B) The Rules of Summary Procedure
C) The Oral Testimonies of Witness' Rule
D) The Rule of Court Testimony
E) The Revised Rules of Criminal Procedure
  • 96. During an investigation conducted by the police for the death of Juan, Richard acknowledged that he was at the crime scene. Under this situation, how will Richard's statement be treated under the law on evidence?
A) it is an admission and therefore admissible in court
B) it is a confession and therefore admissible in court
C) it is a dying declaration and therefore admissible in court
D) it is an admission and therefore admissible in court
E) it is part of the res gestae and therefore admissible in court
  • 97. Class of evidence which the law does not allow to be contradicted.
A) Conclusive Evidence
B) Conclusive Evidence
C) Expert Evidence
D) SecondaryEvidence
E) Real Evidence
  • 98. A kind of evidence which cannot be rebutted or overcome.
A) Primary evidence
B) Best evidence
C) Conclusive evidence
D) Secondary evidence
E) Conclusive evidence
  • 99. " Fruit of the poison tree" is a doctrine in evidence which means that the evidence obtained is.
A) excluded by law
B) excluded by law
C) Corroborative
D) best evidence
E) Admissible
  • 100. Evidence of the same kind and character as that already given and tends to prove the same point.
A) Rebuttal Evidence
B) Testimonial Evidence
C) Positive Evidence
D) Rebuttal Evidence
E) Cumulative Evidence
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