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) Burden of proof
D) Presumption
  • 2. 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) Secondary Evidence
D) Rebuttal Evidence
E) Sur-rebuttal 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 irrelevant
B) I will object because the testimony is hearsay
C) I will object because the testimony is based on opinion only
D) I will not object because the testimony allowed by law
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) admission
B) judicial admission
C) judicial admission
D) judicial confession
E) extra-judicial confession
  • 5. In the law of evidence, how do you categorize or treat the statements of Peter?
A) they are extra judicial confession
B) they are extra judicial confession
C) they are extrajudicial admission
D) they are judicial admission
E) they are 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) common reputation
B) res gestae
C) res gestae
D) declaration against interest
E) dying declaration
  • 7. It is an additional evidence of a different character but to the same point.
A) positive evidence
B) corroborative evidence
C) direct 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 confession
B) extra-judicial admission
C) judicial confession
D) judicial admission
E) extra-judicial confession
  • 9. f you are for the prosecution, what would you prove to sustain the case for parricide?
A) Relationship of Maria and Juan as live in partners
B) Relationship of Peter and Juanas legitimates on and father, respectively
C) Relationship of Maria and Peter as mother and legitimate son, respectively.
D) Relationship of Peter and Juanas legitimates on and father, respectively
E) Relationship of Peter and Juan as son and father, respectively.
  • 10. In criminal cases, who has the burden of proof?
A) The accused has the duty to prove because he will be put to jail if he cannot prove his innocence
B) The prosecution has the duty to prove because the accused is not interested in the criminal case
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 onus probandi because he is the one charged
  • 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) Presumption Juris et de Jure
B) Presumption Juris Tantum
C) Presumption Juris et de Jure
D) Onus Probandi
E) Burden of Proof
  • 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 inter aliosactanocerenondebet 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 res gestae rule
E) It is not admissible under the ante litem motam 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 a Questioned document examiner
C) when he has to testify only as to mental and emotional state of the one who authored the writing.
D) When he is criminology graduate
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 civil in nature.
B) The doctor can testify because the case is not criminal 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) Maliciousquestion
B) Leading question
C) Misleading question
D) Leading question
E) Answer
  • 16. The evidence as a whole adduced by one side is superior to that of the other.
A) Preponderanceofevidence
B) All of the above
C) Preponderanceofevidence
D) None of the above
E) Substantial evidence
  • 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 positive for nitrates or nitrites
D) Whether or not Zanjoe is the one committing the crime
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) Substantial Evidence
B) Direct Evidence
C) Documentary Evidence
D) Object 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 B who survived
C) It was A who died first
D) It was A who survived
E) It was B who died last
  • 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) W died ahead of X
B) X died after W
C) Both died at the same time
D) X died a head of W
E) X died a head of W
  • 21. Evidence which standing alone, unexplained or uncontradicted is sufficient to maintain a proposition.
A) Prima facie Evidence
B) Circumstantial Evidence
C) Conclusive Evidence
D) Direct Evidence
E) Prima facie 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) unacceptable
C) incompetent
D) irrelevant
E) voidable
  • 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 prosecution will conduct the direct examination
C) The defense will conduct the direct examination
D) The defense will conduct the cross-examination
E) The defense will conduct the direct examination
  • 24. The Original Document Rule is aptly within the threshold of this kind of evidence –
A) documentary evidence
B) documentary evidence
C) object evidence
D) testimonial evidence
E) oral 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) will object on the ground of incompetency of evidence
B) I will object on the ground of lawyer client privileged communication
C) I will object on the ground of irrelevancy of evidence
D) I will object on the ground of irrelevancy of evidence
E) I will not object because it was true that Mang Tomas had beard the conversation
  • 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 testify without violating the hearsay evidence rule
C) The testimony of the priest is admissible because it is a declaration against interest
D) .The priest cannot be compelled to testify because of priest-penitent privileged communication
E) The priest can testify as the situation falls under the rule on res gestae
  • 27. Evidence which proves the fact in dispute without the aid of any interference or presumption.
A) Negative Evidence
B) Direct Evidence
C) Direct Evidence
D) Circumstantial Evidence
E) Corroborative Evidence
  • 28. If you were the judge, will you allow Mang Tomas to testify?
A) No, because the testimony of Mang Tomas violates the lawyer-client privileged communication rule.
B) No, because the testimony of Mang Tomas is pure hearsay
C) Yes, because he has personal knowledge since, he was present at the time Atty. Iglesias and Floyd Pacquaio had conversation
D) Yes, because Mang Tomas he did not intentionally spy on his boss lawyer Enrique Iglesias
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) Express Admission
B) Testimonial Evidence
C) Express Admission
D) Secondary Evidence
E) Implied Admission
  • 30. When Joy Salsa was called to testify, Atty. Iglesias vehemently objected. Under what rule shall the objection be based?
A) hearsay evidence rule
B) marital privilege communication rule
C) marital privilege disqualification rule
D) marital privilege communication rule
E) res inter alios acta nocere non debet rule
  • 31. The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.
A) Direct examination
B) Direct examination
C) Cross-examination
D) Formal Investigationd. Re-cross examination
  • 32. Evidence that has a tendency in reason to establish the probability or improvability of a fact in issue.
A) Rebuttal Evidence
B) Relevant Evidence
C) Direct Evidence
D) Material Evidence
E) Material Evidence
  • 33. Which is not an element in dying declaration?
A) he declarant survives
B) The declaration refers to the cause and surrounding circumstances of the declarant's death
C) The declaration was made under consciousness of an impending death
D) he declarant survives
E) The declaration relates to facts which the victim is competent to testify
  • 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 circumstantial evidence
B) It is hearsay
C) it is a dying declaration
D) it is a dying declaration
E) It is corroborative evidence
  • 35. Unreasonable delay to seek or assert a right at a proper time.
A) Estoppel in pais
B) Estoppel by lashes
C) Estoppel in pais
D) None of the above
E) Estoppel by deed
  • 36. Which of the following pieces of evidence is excluded by the Rules of Court?
A) testimony of a victim's cousin who was a drug addict
B) testimony of a deaf-mute in the oral defamation case
C) testimony of a 5-year-old girl who was raped
D) testimony of a blind man in the murder incident involving use of firearm
E) testimony of a deaf-mute in the oral defamation case
  • 37. Evidence which is not excluded by law.
A) Competent Evidence
B) Competent Evidence
C) Object evidence
D) Prima Facie Evidence
E) Rebuttal 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 not to testify because of privilege communication
B) No, she cannot refuse to testify because it is not covered by marital disqualification rule
C) No, she cannot refuse because the subpoena is issued by the Court
D) Yes, she can refuse to testify under the parental privilege rule
E) Yes, she can refuse to testify under the parental privilege rule
  • 39. The parol evidence rule applies only to
A) written agreements
B) testimonial
C) objects
D) written agreements
E) documents
  • 40. Evidence of the same kind and character as that already given and tends to prove the same point.
A) Rebuttal Evidence
B) Positive Evidence
C) Testimonial Evidence
D) Cumulative Evidence
E) Rebuttal Evidence
  • 41. Criminal procedure primarily governs
A) Administrative penalties
B) Substantive rights of parties
C) Civil actions for damages
D) Ethical conduct of lawyers
E) Manner of enforcing criminal law
  • 42. The purpose of criminal procedure is to
A) Prolong the trial process
B) Punish the accused immediately
C) Protect only the victim
D) Secure the conviction of the guilty while ensuring the innocent are not punished
E) Avoid police investigations
  • 43. A criminal action is instituted by
A) Filing of a complaint or information
B) Issuance of a subpoena
C) Trial commencement
D) Arrest of the accused
E) Decision of the judge
  • 44. A complaint is filed by
A) The judge
B) The prosecutor
C) The accused
D) The offended party or any peace officer
E) The defense lawyer
  • 45. An information is signed by
A) The complainant
B) The accused
C) The police investigator
D) The judge
E) The prosecutor
  • 46. The jurisdiction over criminal cases depends primarily on
A) The nationality of the accused
B) The amount of damages claimed
C) The type of evidence presented
D) The penalty prescribed by law for the offense
E) The place of arrest
  • 47. The accused is entitled to counsel
A) Only during trial
B) Only during arraignment
C) At all stages of the criminal process
D) After conviction
E) Only when he requests for it
  • 48. Arraignment must be conducted
A) During preliminary investigation
B) In the police station
C) Only in the prosecutor’s office
D) In private
E) In open court
  • 49. Plea bargaining is
A) The same as arraignment
B) A negotiation between judge and witness
C) A negotiation between prosecutor and accused for a lesser offense
D) Decided by the police
E) Forbidden in criminal law
  • 50. When the accused pleads guilty, the court must
A) Refer to mediation
B) Immediately convict him
C) Issue a warrant
D) Dismiss the case
E) Conduct a searching inquiry
  • 51. A warrant of arrest is issued by
A) The mayor
B) The judge
C) The police chief
D) The complainant
E) The prosecutor
  • 52. Bail is a?
A) Civil indemnity
B) Fine
C) Punishment
D) Guarantee for appearance in court ‎
E) Confession
  • 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 court changes the charge
E) The prosecution presents two witnesses
  • 55. The preliminary investigation determines
A) The guilt of the accused
B) The sentence to be imposed
C) The civil damages
D) The jurisdiction of the court
E) The sufficiency of evidence to file information
  • 56. The burden of proof in criminal cases lies with
A) The accused
B) The judge
C) The prosecutor
D) The defense
E) The complainant’s lawyer
  • 57. The quantum of proof required for conviction is
A) Preponderance of evidence
B) Clear and convincing evidence
C) Probable cause
D) Proof beyond reasonable doubt
E) Substantial evidence
  • 58. Probable cause is required for
A) Issuance of warrant of arrest
B) Conviction
C) Execution of judgment
D) Filing of complaint
E) Appeal
  • 59. The exclusionary rule means:
A) All evidence is admissible
B) Only hearsay is excluded
C) Illegally obtained evidence is inadmissible
D) Character evidence is always allowed
E) Confessions can be forced
  • 60. Hearsay evidence is
A) Based on the witness’s own knowledge
B) Always admissible
C) Based on what another person told the witness
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 officer who filed the information had no authority to do so
B) The information does not conform substantially to the prescribed form
C) The facts charged do not constitute an offense
D) The accused was previously convicted of another offense
E) The court has no jurisdiction over the person of the accused
  • 62. When an accused pleads guilty to a capital offense, what must the court do?
A) Immediately impose sentence
B) Ask the accused to withdraw the plea
C) Require the prosecution to prove the guilt and degree of culpability
D) Refer the case to the Supreme Court
E) Dismiss the case
  • 63. A subpoena duces tecum requires a person to
A) Produce documents or objects for inspection
B) Appear in court and testify
C) Execute a written testimony
D) Pay a fine to the court
E) Remain in detention
  • 64. The Best Evidence Rule states that
A) The court decides which evidence is best
B) Only the original of a document is admissible to prove its contents
C) Copies are sufficient proof of authenticity
D) Secondary evidence may always be admitted
E) Testimonies are better than written evidence
  • 65. The prosecution must prove the guilt of the accused
A) By clear and convincing evidence
B) By probable cause
C) By a preponderance of evidence
D) By credible testimony
E) Beyond reasonable doubt
  • 66. What is testimonial evidence?
A) Testimony given by witnesses under oath
B) Audio recordings
C) Objects used in the commission of the crime
D) Expert opinion submitted to the court
E) Written statements or documents
  • 67. The Miranda Doctrine protects
A) The right to speedy disposition of cases
B) The right to appeal
C) The right to bail
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) Lack of probable cause
C) Improper venue
D) Rebuttal testimony
E) Double jeopardy
  • 69. Corpus delicti means
A) The confession of the suspect
B) The penalty imposed by law
C) The person of the accused
D) The body of the victim only
E) The facts proving that a crime has been committed
  • 70. The judicial affidavit rule aims to
A) Simplify cross-examination
B) Allow secret testimonies
C) Remove the need for witnesses
D) Speed up trial by replacing direct testimonies with affidavits
E) Avoid written evidence
  • 71. The finality of judgment means:
A) The judgment can no longer be modified or appealed
B) The decision is void
C) The decision can still be appealed
D) The case is reopened automatically
E) The case is transferred to another court
  • 72. A warrant of arrest is issued only upon:
    ‎
A) Finding of probable cause by the judge ‎ ‎
B) Order of the prosecutor
C) Motion of the complainant
D) Filing of the affidavit
E) Request of the police officer
  • 73. The doctrine of fruit of the poisonous tree refers to:
A) Evidence submitted by the defense
B) Evidence derived from an illegal search or seizure
C) Evidence based on the testimony of a witness
D) Evidence obtained from a lawful arrest
E) Evidence approved by the court
  • 74. Which of the following statements about bail is correct?
A) Bail is a security for the release of an accused
B) Bail is a matter of right after conviction by the RTC
C) Bail automatically extinguishes the criminal case
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 arrested by two police units
D) Being convicted twice of different offenses
E) Being tried twice for the same offense
  • 76. The Sandiganbayan has jurisdiction over:
    ‎
A) Crimes committed by public officials in relation to their office
B) Election-related crimes
C) Civil cases involving government officials
D) Administrative cases of government employees
E) All criminal cases
  • 77. The chain of custody rule applies primarily to
A) Trespassing cases
B) Libel cases
C) Traffic violations
D) Drug-related cases
E) Estafa cases
  • 78. When an accused fails to appear during arraignment without just cause, the court may:
A) Suspend the prosecutor
B) Dismiss the case
C) Appoint a public attorney
D) Proceed with trial
E) Issue a warrant of arrest
  • 79. Direct examination refers to:
A) Leading questions by any party
B) Questioning by the judge
C) Cross-examination of witnesses
D) Questioning by the defense
E) Questioning by the prosecution of its own witness
  • 80. Leading questions are generally:
A) Prohibited during all examinations
B) Allowed during direct examination
C) Used only by expert witnesses
D) Required in re-direct examination
E) Allowed during cross-examination
  • 81. Cross-examination is conducted to:
A) Present new evidence
B) Introduce exhibits
C) Test the truthfulness and credibility of the witness
D) Support the testimony of one’s own witness
E) Summarize all testimonies
  • 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) Competent Evidence
C) Circumstantial Evidence
D) Expert Evidence
E) Circumstantial 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) secondary evidence rule
B) secondary evidence rule
C) documentary evidence rule
D) testimonial knowledge rule
E) parol 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 gestae rule
C) testimonial knowledge rule
D) res inter alios acta rule
E) dying declaration
  • 85. What possible factum probans would prove the relationship between the culprit and the victim?
A) Testimony of Maria that she was a mistress of Juan
B) Testimony of Maria that she is the mother of Peter and Juan is the father
C) Baptismal certificate of Peter where the name of Juan appear sin the entry of father
D) Baptismal certificate of Peter where the name of Juan appear sin the entry of father
E) Birth Certificate of Peter where the entry of Father's Name is marked "unknown"
  • 86. An evidence which aside from being relevant affects the issue in important and substantial matter.
A) material evidence
B) material evidence
C) relevant evidence
D) corroborative 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) Conclusive presumption
B) Presumption
C) Presumption
D) Burden of proof
E) Burden of Evidence
  • 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 a declaration against interest
C) it is considered a dying declaration L
D) it is considered part of the res gestae
E) it is extrajudicial confession
  • 89. Models, maps, charts, and graphs are called?
A) demonstrative evidence
B) demonstrative evidence
C) real evidence
D) cumulative evidence
E) corroborative evidence
  • 90. What is the value of the paraffin test as evidence?
A) It proves the firing of the gun by the person found positive of nitrates or nitrites
B) It proves the presence or absence of nitrates or nitrites
C) It proves the guilt of the person found positive of nitrates or nitrates
D) It proves the presence or absence of nitrates or nitrites
E) It proves the conduct of the paraffin test only
  • 91. These questions suggest to the witness the answers to which an examining party requires.
A) misleading
B) hearsay
C) leading
D) leading
E) stupid
  • 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) None of the above
B) presumption
C) Burden of evidence
D) Burden of evidence
E) Burden of proof
  • 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) The declaration must be written
C) B and A must have argument and has grudges
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) Presumptions
B) None of the above
C) Burden of proof
D) Burden of proof
E) Burden of evidence
  • 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 Oral Testimonies of Witness' Rule
C) The Revised Rules of Criminal Procedure
D) The Rules of Summary Procedure
E) The Rule of Court Testimony
  • 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 a dying declaration and therefore admissible in court
B) it is part of the res gestae and therefore admissible in court
C) it is an admission and therefore admissible in court
D) it is a confession and therefore admissible in court
E) it is an admission 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) Conclusive evidence
C) Secondary evidence
D) Conclusive evidence
E) Best evidence
  • 99. " Fruit of the poison tree" is a doctrine in evidence which means that the evidence obtained is.
A) Admissible
B) excluded by law
C) Corroborative
D) excluded by law
E) best evidence
  • 100. Evidence of the same kind and character as that already given and tends to prove the same point.
A) Cumulative Evidence
B) Testimonial Evidence
C) Rebuttal Evidence
D) Positive Evidence
E) Rebuttal Evidence
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