Evidence

1. 1.During a robbery case, the prosecution presents a CCTV footage showing the accused entering the store. The defense argues that the footage is inadmissible because the security officer who retrieved it is not the owner of the establishment. As the criminologist assisting the prosecution, what is the best legal response?

A) The footage is admissible if the officer can authenticate it as a fair and accurate representation.
B) The footage is admissible only if the court personally views the CCTV system.
C) The footage is admissible if the officer can authenticate it as a fair and accurate representation.
D) The footage is inadmissible because the owner must testify.
E) The footage is inadmissible unless the police seized it under a warrant.

2. 2.An investigating officer submits a printed screenshot of a suspect’s social media confession. The defense objects, citing lack of authentication. What should the criminologist-adviser emphasize?

A) Authentication may be established through testimony of a person who saw the post.
B) The confession is valid because it’s public.
C) Authentication may be established through testimony of a person who saw the post.
D) The evidence is inadmissible unless certified by the NBI Cybercrime Division.
E) The screenshot is self-authenticating.

3. 3.In a drug case, the accused claims that the seized items were planted by the arresting officers. Who bears the burden of proving the claim?

A) The prosecution
B) The police investigator
C) The defense
D) The court.
E) The defense

4. 4.A criminologist testifying for the defense notices a break in the chain of custody for seized evidence. The forensic analyst received the sample two days late without a proper turnover log. What legal consequence may arise?

A) The evidence may be excluded due to broken chain of custody.
B) The evidence remains valid if the analyst testifies.
C) The delay is irrelevant in criminal proceedings.
D) The evidence can still be used if the court deems it substantial.
E) The evidence may be excluded due to broken chain of custody.

5. 5.A witness testifies that she was told by her neighbor that the accused confessed to the crime. How should the criminologist-objector respond?

A) The statement is admissible since it’s relevant.
B) The statement is admissible as part of res gestae.
C) The statement is hearsay and inadmissible unless the neighbor testifies.
D) The statement is hearsay and inadmissible unless the neighbor testifies.
E) The statement is admissible because it relates to the crime.

6. 6.In a case involving illegal recruitment, the court takes judicial notice that the accused has a prior administrative sanction. Is this proper?

A) No
B) Yes
C) No
D) No
E) Yes

7. 7.A suspect confesses during custodial investigation without the presence of counsel. Later, the confession is presented as evidence. As a criminologist, how should you evaluate it?

A) Admissible if voluntarily given.
B) Admissible if recorded in writing.
C) Inadmissible for violation of constitutional rights.
D) Inadmissible for violation of constitutional rights.
E) Valid if signed before a barangay official.

8. 8.A forensic expert testifies on the identity of a handwriting sample. The opposing counsel argues that the witness is not an expert in questioned document examination. What should the court consider?

A) The expert’s experience and qualifications in the relevant field.
B) Whether the expert is from a government agency.
C) The expert’s experience and qualifications in the relevant field.
D) Whether the testimony is favorable to the prosecution.
E) Only the years of service of the expert.

9. 9.During trial, a party offers a photocopy of a written confession, alleging the original was lost. What must be established first?

A) That the loss of the original is not due to bad faith.
B) That the confession was voluntary.
C) That the loss of the original is not due to bad faith.
D) That the witness saw the original.
E) That the copy is clear and readable.

10. 10.A police investigator seeks to compel a lawyer to disclose his client’s statement about a crime. What should the lawyer do?

A) Refuse because it is protected by attorney-client privilege.
B) Refuse only if instructed by the client.
C) Refuse because it is protected by attorney-client privilege.
D) Disclose to prevent miscarriage of justice.
E) Disclose since it involves a criminal act.

11. 11.A criminologist investigator submits an unsigned police spot report to prove that the suspect was present during an operation. The defense objects, citing lack of authentication. How should the court rule?

A) Admit it as part of public records.
B) Exclude the report because it lacks proper authentication.
C) Admit it if the officer orally testifies to its contents.
D) Exclude the report because it lacks proper authentication.
E) Admit the report because it came from a law enforcement officer.

12. 12.During a firearms examination, the ballistic expert receives the firearm without a turnover form. The prosecution argues that the firearm itself is the best evidence of the crime. As an expert witness, what should the criminologist emphasize?

A) The firearm is admissible as long as it was seized legally.
B) Chain of custody is immaterial if the firearm is present.
C) Absence of documentation compromises evidentiary integrity.
D) Testimony of the arresting officer automatically validates the exhibit.
E) Absence of documentation compromises evidentiary integrity.

13. 13.The accused presents oral testimony contradicting the terms of a written confession he signed. Under the amended rule, how should the court treat such testimony?

A) Admissible only if it proves fraud or mistake in the written confession.
B) Admissible, because it clarifies intent.
C) Automatically inadmissible in all circumstances.
D) Inadmissible, because written evidence prevails over oral evidence.
E) Admissible only if it proves fraud or mistake in the written confession.

14. 14.A prosecutor offers an email exchange as evidence of conspiracy. The defense argues the emails were hacked. How should a criminologist-assessor evaluate the admissibility?

A) Automatically admissible as electronic evidence.
B) Admissible if proven through metadata and authentication.
C) Admissible if proven through metadata and authentication.
D) Inadmissible because emails can be altered.
E) Admissible once printed copies are presented.

15. 15.During arraignment, the accused admits in open court that he was present at the scene but denies participation. Later, he claims he never made that statement. What principle applies?

A) Only written admissions are binding.
B) Statements in open court are binding judicial admissions.
C) Statements can be withdrawn anytime before trial.
D) Presence at the scene is not material.
E) Statements in open court are binding judicial admissions.

16. 16.The prosecution introduces a photocopy of a firearms logbook after claiming the original was burned in an office fire. What must the criminologist-prosecutor establish first?

A) That the original existed and was lost without bad faith.
B) That the copy is certified.
C) That the original existed and was lost without bad faith.
D) That the information is relevant.
E) That the logbook is public record.

17. 17.A 10-year-old child witness identifies the accused in a molestation case. The defense questions the child’s credibility. What should the court consider in determining competence?

A) Age alone determines competence.
B) The presence of parents during testimony.
C) Ability to perceive and truthfully relate facts.
D) The consistency of statements with police reports.
E) Ability to perceive and truthfully relate facts.

18. 18.In an arson case, a criminologist presents a forensic chemical report. The defense argues that the sample collection method was flawed. What issue is raised?

A) Weight or credibility of evidence.
B) Competence of the witness.
C) Jurisdiction of the court.
D) Weight or credibility of evidence.
E) Admissibility of evidence.

19. 19.A police chief refuses to disclose the identity of an informant during cross-examination. The defense insists on disclosure. How should the court balance this?

A) Automatically deny all such requests.
B) Compel disclosure since all evidence must be public.
C) Deny disclosure to protect state interests unless fairness demands otherwise.
D) Deny disclosure to protect state interests unless fairness demands otherwise.
E) Allow disclosure if the informant’s identity is minor.

20. 20.In a cyberlibel case, the judge states that “Facebook posts are public records” and admits them without proof. As a criminologist-consultant, what should you advise?

A) Agree, because social media content is public.
B) Disagree only if the posts were deleted.
C) Disagree, because courts cannot judicially notice specific online statements.
D) Agree, since social media is widely used.
E) Disagree, because courts cannot judicially notice specific online statements.

21. 21.A criminologist uses a crime scene diagram to explain the trajectory of a bullet. The defense objects, claiming the diagram is not the actual scene. How should the court rule?

A) Admit it if it helps explain testimony and is properly authenticated.
B) Admit it only if the defense approves.
C) Exclude it because it was not drawn by an architect.
D) Admit it if it helps explain testimony and is properly authenticated.
E) Exclude the diagram for being illustrative only.

22. 22.While investigating a vehicular homicide, an officer hears the driver shouting “I didn’t see him, it was too dark!” seconds after the collision. The prosecution offers the statement as evidence. Is it admissible?

A) Yes
B) No
C) Yes
D) No
E) Yes

23. 23.A court takes judicial notice that illegal drug cases are rampant in a certain city. The criminologist-testifier objects. Is the objection valid?

A) No
B) Yes
C) Both A and C.
D) Both A and C.
E) Yes

24. 24.There were no eyewitnesses to a homicide, but the accused’s fingerprints were found on the murder weapon, and he was seen fleeing the scene. Can he be convicted?

A) Yes
B) No
C) No
D) Yes
E) No

25. 25.A police witness testifies, “The accused looked guilty during interrogation.” How should the criminologist-defense counsel respond?

A) Allow it as part of the officer’s perception.
B) Admit it as expert opinion.
C) Object for violating the opinion rule.
D) Ignore since it’s harmless.
E) Object for violating the opinion rule.

26. 26.After being accused of falsifying documents, a suspect remains silent during a preliminary interview. The investigator interprets this as admission. Is this proper?

A) Yes
B) No
C) No.
D) Yes
E) No

27. 27.A criminologist presents a barangay blotter entry as proof of a complaint. The defense argues it is a private document. How should the court treat it?

A) Private document unless notarized.
B) Public document because it is part of an official duty.
C) Public document because it is part of an official duty.
D) Inadmissible because not from the police.
E) Admissible only if certified by the barangay captain.

28. 28.A forensic witness testifies but refuses to be cross-examined, citing heavy workload. The prosecution asks that the testimony stand. What is the consequence?

A) The testimony should be stricken off the record.
B) The witness can be fined but testimony is retained.
C) The testimony is still valid.
D) The testimony should be stricken off the record.
E) The court may summarize the testimony.

29. 29.A criminologist investigator offers a photocopy of a gun purchase receipt to prove ownership. The original is with the gun dealer. What must he do first?

A) Authenticate the signature only.
B) Prove due execution and explain non-production of the original.
C) Prove due execution and explain non-production of the original.
D) Ask the dealer to testify instead.
E) Nothing; photocopies are admissible.

30. 30.A police witness earlier admitted during pre-trial that the accused was arrested without a warrant. During the trial, he claims the arrest was with a warrant. How should the court treat this?

A) Allow the correction as part of truth-seeking.
B) Hold the earlier admission binding unless clearly shown to be made by mistake.
C) Accept whichever statement is favorable to the prosecution.
D) Hold the earlier admission binding unless clearly shown to be made by mistake.
E) Disregard the inconsistency.

31. 31.In a prosecution for illegal gambling, the judge states that “sabong or cockfighting is a form of gambling known to all” and admits this without proof. Is this proper?

A) No
B) Yes
C) No, because judicial notice cannot establish illegality.
D) No, because judicial notice cannot establish illegality.
E) Yes

32. 32.In a homicide case, the accused raises self-defense. The prosecution proved the killing but not intent. Who bears the burden of proving self-defense?

A) The Court
B) The complainant
C) The defense
D) The defense
E) The prosecution

33. 33.A criminologist testifies that the seized drugs were stored in the police locker for three days before being turned over to the forensic chemist, but there’s no record of the custodian. What is the effect?

A) The chemist’s testimony cures the defect.
B) The evidence remains admissible.
C) The defense must prove tampering.
D) The integrity of the evidence is compromised.
E) The integrity of the evidence is compromised.

34. 34.A dying victim tells a nurse, “It was Carlo who stabbed me.” The nurse testifies in court. Is this admissible?

A) No
B) No
C) Yes
D) Yes
E) No

35. 35.A criminologist witness states, “Based on my experience, the suspect’s body language indicates deception.” The defense objects. How should the judge rule?

A) Sustain; body language interpretation is opinion, not expertise.
B) Sustain; body language interpretation is opinion, not expertise.
C) Overrule; criminologists can give any opinion.
D) Overrule if the criminologist is licensed.
E) Sustain only if the defense disagrees.

36. 36.The prosecutor presents a written confession but fails to identify who prepared it. The accused denies signing it. How should the criminologist evaluator treat it?

A) Admissible if found in police records.
B) Admissible as long as relevant.
C) Admissible because it’s a confession.
D) Inadmissible due to lack of authentication.
E) Inadmissible due to lack of authentication.

37. 37.In a murder trial, the prosecution offers a bloodstained shirt recovered by police. The defense argues it’s inadmissible because it was not included in the pre-trial marking. What should the court do?

A) Reject it for lack of pre-trial listing.
B) Admit it if properly identified and relevant.
C) Exclude it for violating due process.
D) Admit it only if the defense agrees.
E) Admit it if properly identified and relevant.

38. 38.A mentally challenged adult testifies that she saw the accused stab the victim. The defense moves to disqualify her. What should the court consider?

A) Competence only if she is literate.
B) Competence if she can perceive and relate events truthfully.
C) Competence if she can perceive and relate events truthfully.
D) Disqualification because of unreliability.
E) Automatic disqualification due to mental deficiency.

39. 39.A wife is subpoenaed to testify against her husband who is accused of theft. She refuses, citing marital privilege. Is her refusal valid?

A) Yes
B) Yes.
C) No
D) Yes
E) No.

40. 40.The investigator testifies about the contents of a written threat but does not present the letter. He claims it was destroyed by rain. What must he first prove?

A) That he remembers the contents.
B) That the loss of the original was not due to bad faith.
C) That the loss of the original was not due to bad faith.
D) That the letter was important.
E) That the accused wrote the letter.

41. 41.A police investigator testifies, “The barangay captain told me that the suspect was the killer.” The defense objects. How should the court rule?

A) Exclude it as hearsay because the barangay captain is not testifying.
B) Admit it if the captain signed a blotter entry.
C) Admit the statement since the barangay captain is a public official.
D) Admit it under official records exception.
E) Exclude it as hearsay because the barangay captain is not testifying.

42. 42.A criminologist presents a text message exchange showing bribery between an officer and a suspect. The defense argues that the messages can be fabricated. What should the court require?

A) A police report confirming the texts.
B) Presentation of the phone and witness authentication.
C) Only printed screenshots.
D) Certification from a telecommunications company.
E) Presentation of the phone and witness authentication.

43. 43.In a case involving illegal recruitment, the judge states, “Many Filipinos are jobless, so they easily fall for recruiters.” Is this proper judicial notice?

A) No
B) Yes
C) Yes
D) No.
E) No.

44. 44.A police officer testifies, “The accused must have intended to kill the victim because he aimed at the chest.” Is this admissible?

A) Yes
B) No
C) No.
D) Yes
E) Yes

45. 45.The prosecution offers a scanned copy of a police blotter entry to prove the accused’s arrest. The defense objects for lack of original. What must be shown first?

A) That the copy was notarized.
B) That the original was lost or unavailable without bad faith.
C) That the scan is clear.
D) That the original was lost or unavailable without bad faith.
E) That the scan was made by the NBI.

46. 46.A criminologist witness previously admitted in writing that a report was delayed. On the stand, he claims he was misquoted. How should the judge treat this?

A) Treat the prior admission as binding unless shown to be made under palpable mistake.
B) Allow the change for clarification.
C) Treat the prior admission as binding unless shown to be made under palpable mistake.
D) Allow both versions to stand.
E) Ignore the earlier statement.

47. 47.During an anti-terrorism case, an intelligence officer refuses to disclose surveillance methods, citing national security. How should the court rule?

A) Respect privilege unless disclosure is essential to a fair trial.
B) Compel disclosure to ensure full evidence.
C) Require partial disclosure.
D) Respect privilege unless disclosure is essential to a fair trial.
E) Deny the claim since it’s a criminal case.

48. 48.A bullet recovered from a crime scene was examined two months later without documentation of where it was stored. What legal issue arises?

A) Relevance issue.
B) Admissibility issue due to broken chain of custody.
C) Weight issue only.
D) No issue if the bullet is genuine.
E) Admissibility issue due to broken chain of custody.

49. 49.In an estafa case, the defense presents a receipt proving payment. The prosecution insists it was fabricated. Who bears the burden to prove fabrication?

A) Both equally
B) The prosecution.
C) The court
D) The defense
E) The prosecution.

50. 50.A criminologist offers a certified PNP logbook entry showing a suspect’s surrender. The defense objects on hearsay grounds. Should it be admitted?

A) Yes
B) No
C) Yes.
D) Yes
E) No

51. 51.An investigator testifies that he saw a letter of threat written by the accused but failed to produce the actual letter, claiming it was torn. What must be proven before oral testimony is allowed?

A) That the investigator remembers its contents
B) That the loss was not due to bad faith.
C) That a photocopy exists
D) That the accused admitted writing the letter
E) That the loss was not due to bad faith.

52. 52.No one witnessed a warehouse arson, but the accused was seen buying gasoline nearby and his fingerprints were found on the fuel can. What must be shown for conviction?

A) There’s at least one eyewitness
B) The circumstantial evidence forms an unbroken chain leading to guilt.
C) The circumstantial evidence forms an unbroken chain leading to guilt.
D) The accused’s motive is clearly proven
E) The fingerprints alone suffice

53. 53.A police officer testifies that the suspect confessed voluntarily during investigation in the presence of counsel. The written confession is lost. Is the officer’s testimony admissible?

A) Yes.
B) No
C) Yes
D) No
E) Yes.

54. 54.A prosecutor offers a letter allegedly written by the accused but unsigned. What must a criminologist-prosecutor do first?

A) Ask the accused to confirm its authorship
B) Present the envelope only
C) Present a handwriting expert or a witness familiar with the handwriting.
D) Present a handwriting expert or a witness familiar with the handwriting.
E) Submit it as circumstantial evidence

55. 55.A forensic chemist testifies about the presence of methamphetamine residue. The defense claims she is not a chemist but a laboratory aide. What should the court consider?

A) Whether she works in a government lab.
B) Her length of service only.
C) Her qualifications, training, and experience.
D) Her qualifications, training, and experience.
E) The title “chemist” is not essential.

56. 56.During questioning, an accused remains silent when told by police that his fingerprints were on the weapon. The officer interprets silence as admission. Is that correct?

A) Yes
B) No
C) No.
D) Yes
E) No.

57. 57.A criminologist wants to subpoena a lawyer to reveal his client’s admission of guilt. What must the court decide?

A) Deny the subpoena because of attorney-client privilege.
B) Allow it if the client has died
C) Allow it since the information concerns a crime
D) Deny the subpoena because of attorney-client privilege.
E) Deny only if the lawyer objects

58. 58.A USB flash drive containing CCTV footage is offered in evidence. The technician who extracted it no longer works for the establishment. What must the prosecution show?

A) That the technician’s employment ended legally
B) That the footage was relevant
C) That a backup copy exists
D) That the footage was unaltered and properly handled from extraction to court presentation.
E) That the footage was unaltered and properly handled from extraction to court presentation.

59. 59.A criminologist testifies in direct examination but leaves the country before cross-examination. Can his testimony remain?

A) No
B) Yes
C) No.
D) Yes
E) No.

60. 60.A crime lab report prepared by a government chemist is presented in evidence. The defense objects, saying it’s hearsay since the chemist isn’t present. What is correct?

A) It’s admissible only if notarized
B) It is a public document admissible as an official record.
C) It is a public document admissible as an official record.
D) It’s hearsay unless the chemist testifies
E) It must be certified by the DOJ

61. 61.A prosecutor asks the court to take judicial notice that “the use of body-cams by police is standard practice.” Should the court agree?

A) Yes
B) Yes
C) No.
D) No
E) No.

62. 62.A seized firearm passes through five officers before being presented in court, but one transfer lacks documentation. What is the impact?

A) Potential break in chain of custody affecting admissibility.
B) Automatically acquits the accused
C) None, since the gun is intact
D) Potential break in chain of custody affecting admissibility.
E) Only affects weight of evidence

63. 63.A criminologist testifies that, “Based on powder burns, the shooter was within one meter.” The defense questions competence. What must the court assess?

A) Experience and training in firearm forensics.
B) If the criminologist was first at the scene
C) Experience and training in firearm forensics.
D) Whether statement favors the prosecution
E) If testimony is consistent with autopsy

64. 64.During trial, the prosecution presents evidence of the accused’s previous assault conviction. The defense objects. Is it admissible?

A) No.
B) Yes
C) No
D) Yes
E) Yes

65. 65.A photocopy of an autopsy report is presented; the original was destroyed in a flood. What must be established first?

A) Existence and loss of the original without bad faith.
B) Accuracy of the photocopy
C) Certification by the barangay
D) Existence and loss of the original without bad faith.
E) Testimony from any witness

66. 66.A criminologist introduces a certified copy of the NBI fingerprint report. The defense objects for hearsay. How should the court rule?

A) Reject because copies aren’t originals
B) Admit it as an exception for official records.
C) Admit it as an exception for official records.
D) Admit only if notarized
E) Reject it; the analyst must testify

67. 67.An accused confesses to a police officer without counsel but later repeats the confession before a lawyer. Which statement is admissible?

A) Neither, since the first taints the second
B) Both statements
C) Only the first, being spontaneous
D) Only the second, made with counsel.
E) Only the second, made with counsel.

68. 68.At pre-trial, the defense admits that the accused was present at the crime scene but denies participation. Later they claim total alibi. What should the court do?

A) Treat both as alternative defenses
B) Disregard the earlier admission
C) Hold the prior admission binding absent proof of mistake.
D) Allow change because it aids defense
E) Hold the prior admission binding absent proof of mistake.

69. 69.A husband is charged with fraud. The prosecution calls his wife to testify about private business discussions. Can she be compelled?

A) No
B) A and C are both correct.
C) Yes
D) Yes
E) A and C are both correct.

70. 70.A crime-scene photo is slightly blurred, but still shows the position of the body. The defense objects. How should the court treat it?

A) Admissible; imperfections affect weight, not admissibility.
B) Admissible; imperfections affect weight, not admissibility.
C) Exclude to prevent prejudice
D) Admissible only if retaken
E) Inadmissible due to poor quality

71. 71.A criminologist presents a recovered knife allegedly used in a killing. The defense objects because it was not marked at the scene. How should the court rule?

A) Admit it if it can still be properly identified as the same object.
B) Admit it if it can still be properly identified as the same object.
C) Exclude it; unmarked evidence is inadmissible
D) Admit it automatically because it’s physical evidence
E) Exclude it unless marked within 24 hours

72. 72.A suspect’s blood type matches that found on the victim’s clothes, but no eyewitnesses exist. Can the court convict?

A) Yes.
B) No
C) Yes
D) No
E) Yes.

73. 73.The court declares that “fingerprint identification is infallible.” The defense objects. Is the declaration valid?

A) Yes
B) No.
C) No.
D) No
E) Yes

74. 74.A criminologist submits an unsigned crime scene sketch drawn by an unknown officer. The prosecution uses it to prove location of evidence. Is it admissible?

A) Yes
B) Yes
C) No
D) No.
E) No.

75. 75.A police investigator refuses to name the informant who tipped off a drug suspect. The defense moves to compel disclosure. How should the court decide?

A) Compel disclosure in all cases
B) Deny disclosure unless essential to ensure fairness.
C) Automatically uphold privilege
D) Deny disclosure unless essential to ensure fairness.
E) Allow disclosure only to the judge in private

76. 76.A forensic expert is cross-examined on his report but refuses to answer technical questions, saying they are confidential. What may the court do?

A) Compel him to answer; cross-examination is a right.
B) Excuse him from answering
C) Allow written answers instead
D) Strike out the entire testimony
E) Compel him to answer; cross-examination is a right.

77. 77.A bystander shouts “That man just stole my bag!” moments after the theft. The prosecution offers this statement through another witness. Is it admissible?

A) No
B) No
C) Yes.
D) Yes
E) Yes.

78. 78.An expert testifies that a bullet came from a specific gun model but did not examine the weapon himself. How should the court treat this?

A) Admit it if the expert is well-known
B) Exclude it for lack of personal examination.
C) Accept it as expert opinion
D) Admit it if based on police data
E) Exclude it for lack of personal examination.

79. 79.A defendant introduces oral testimony to vary the contents of a written confession. Is this admissible?

A) Yes
B) No.
C) No
D) Yes
E) No.

80. 80.In a cybercrime case, the accused claims that someone else used his account to commit the offense. What must he do?

A) Present evidence proving unauthorized use.
B) Simply deny the allegation
C) Present evidence proving unauthorized use.
D) Demand authentication of logs
E) Shift burden back to prosecution

81. 81.In a homicide case, a criminologist presents a bloodied shirt of the accused. The defense argues it’s irrelevant since the DNA was never tested. What should the court decide?

A) Admit it only if expert testimony is offered
B) Exclude it as immateria
C) Admit it if it helps identify the accused’s participation.
D) Admit it if it helps identify the accused’s participation.
E) Exclude it for lack of DNA analysis

82. 82.The judge declares that “every robbery involves force or intimidation,” taking judicial notice of it. Is this proper?

A) Yes
B) No.
C) No
D) No.
E) Yes

83. 83.A forensic biologist stores a blood sample in an unrefrigerated locker for three days before analysis. What issue may arise?

A) Break in chain of custody affecting admissibility.
B) Break in chain of custody affecting admissibility.
C) Irrelevant unless sample contaminated
D) Only affects credibility, not admissibility
E) Violation of laboratory procedure but not evidence rules

84. 84.A criminologist witness testifies, “The suspect’s behavior during interrogation proves guilt.” The defense objects. What is the correct ruling?

A) Sustain; the statement is improper opinion.
B) Overrule if the statement is logical
C) Sustain; the statement is improper opinion.
D) Overrule; criminologists may interpret behavior
E) Sustain only if witness not licensed

85. 85.A printed screenshot of a Facebook post showing the accused’s threat is offered in court. What must be established first?

A) That the post came from the accused’s account and was not altered.
B) That the printout is clear and readable
C) That the post came from the accused’s account and was not altered.
D) That the website is legitimate
E) That the witness saw it online

86. 86.The victim, before dying, whispered “My cousin stabbed me.” The cousin objects to the nurse’s testimony recounting it. Should it be admitted?

A) Yes.
B) No
C) No
D) Yes.
E) Yes

87. 87.A defense lawyer accidentally reveals a client’s confession during casual conversation with a criminologist. Can the criminologist testify about it?

A) Yes
B) No.
C) No.
D) No
E) Yes

88. 88.During pre-trial, the accused’s counsel admits that the weapon belonged to the accused but later denies it. What is the legal effect?

A) The prior admission is binding unless shown to be made under mistake.
B) The prior admission is binding unless shown to be made under mistake.
C) Both are disregarded
D) The admission is withdrawn automatically
E) The new statement overrides the old one

89. 89.A video file is downloaded from a surveillance system and copied to a USB drive. The operator cannot explain how it was transferred. What must be proven for admissibility?

A) That the copy matches the original by appearance
B) The authenticity and integrity of the data during transfer.
C) That the system was government-owned
D) hy That the USB was sealed
E) The authenticity and integrity of the data during transfer.

90. 90.A witness testifies through affidavit but never appears for cross-examination. The prosecution insists the affidavit stands. What should the court do?

A) Admit it if the defense had notice
B) Allow it as documentary evidence
C) Admit it since it’s notarized
D) Strike the affidavit; absence denies cross-examination.
E) Strike the affidavit; absence denies cross-examination.

91. 91.An investigator testifies about a suspect’s written confession but produces only a photo of it, claiming the original was misplaced. What should the court require?

A) Certification by the police chief
B) Proof that the original was lost or destroyed without bad faith.
C) Proof that the original was lost or destroyed without bad faith.
D) The suspect’s oral confirmation
E) Authentication of the photo by anyone

92. 92.A witness states, “I believe the accused was lying because he wouldn’t look me in the eye.” What should the criminologist counsel argue?

A) Object; the statement is a conclusion not based on expert competence.
B) Allow it as part of witness perception
C) Object; the statement is a conclusion not based on expert competence.
D) Overlook since it’s minor
E) Accept it if it reflects sincerity

93. 93.The judge says, “I take judicial notice that all drug pushers carry sachets of shabu.” Is this proper?

A) No
B) No
C) Yes
D) Yes.
E) Yes.

94. 94.A criminologist presents a sworn affidavit signed but not notarized. The defense questions its integrity. What’s the effect?

A) Inadmissible for lack of authentication.
B) Inadmissible for lack of authentication.
C) Admissible but with lesser evidentiary weight
D) Admissible automatically
E) Valid if signed before an officer

95. 95.A gunshot victim shouts, “My neighbor shot me!” immediately after being hit. The police officer who heard it testifies. Is the statement admissible?

A) Yes
B) No
C) Yes.
D) No
E) Yes.

96. 96.The defense seeks access to confidential NBI forensic notes. The agency refuses, citing privilege. How should the court rule?

A) Deny disclosure unless material to the accused’s right to defense.
B) Deny disclosure unless material to the accused’s right to defense.
C) Refer to the DOJ for decision
D) Compel immediate disclosure
E) Automatically sustain the privilege

97. 97.A police logbook shows entries by various officers. The custodian testifies that these were made in the regular course of duty. Is it admissible?

A) Yes.
B) No
C) Yes
D) No
E) Yes.

98. 98.A person with mild cognitive impairment testifies about what he saw during a robbery. The defense objects. What must the court determine?

A) His age and education only
B) His capacity to perceive, recall, and communicate truthfully.
C) His employment background
D) Whether he has prior testimony experience
E) His capacity to perceive, recall, and communicate truthfully.

99. 99.During pre-trial, the defense admits the accused’s ownership of the getaway vehicle but later retracts. What is the effect?

A) The prosecution must prove it again
B) The admission is binding unless made under palpable mistake.
C) It’s disregarded once denied
D) The defense can withdraw it anytime
E) The admission is binding unless made under palpable mistake.

100. 100.A CCTV video is grainy and unclear but shows a figure entering the crime scene. The defense objects to its admission. What should the court rule?

A) Exclude it due to poor quality
B) Admit it; clarity affects weight, not admissibility.
C) Exclude unless enhanced
D) Admit it; clarity affects weight, not admissibility.
E) Admit only if expert testimony is added

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