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

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 screenshot is self-authenticating.
E) The evidence is inadmissible unless certified by the NBI Cybercrime Division.

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

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

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) Yes
D) No
E) No

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

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

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

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

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

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) Absence of documentation compromises evidentiary integrity.
C) Chain of custody is immaterial if the firearm is present.
D) Absence of documentation compromises evidentiary integrity.
E) Testimony of the arresting officer automatically validates the exhibit.

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

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

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

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 information is relevant.
B) That the original existed and was lost without bad faith.
C) That the original existed and was lost without bad faith.
D) That the copy is certified.
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) Ability to perceive and truthfully relate facts.
C) The presence of parents during testimony.
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) Admissibility of evidence.
C) Competence of the witness.
D) Weight or credibility of evidence.
E) Jurisdiction of the court.

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) Compel disclosure since all evidence must be public.
B) Deny disclosure to protect state interests unless fairness demands otherwise.
C) Automatically deny all such requests.
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) Disagree, because courts cannot judicially notice specific online statements.
B) Agree, since social media is widely used.
C) Disagree only if the posts were deleted.
D) Disagree, because courts cannot judicially notice specific online statements.
E) Agree, because social media content is public.

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

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) Yes
E) No

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

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) No
B) Yes
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) Object for violating the opinion rule.
C) Admit it as expert opinion.
D) Object for violating the opinion rule.
E) Ignore since it’s harmless.

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) No
B) No
C) Yes
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) Public document because it is part of an official duty.
B) Public document because it is part of an official duty.
C) Inadmissible because not from the police.
D) Private document unless notarized.
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 court may summarize the testimony.
B) The testimony is still valid.
C) The testimony should be stricken off the record.
D) The testimony should be stricken off the record.
E) The witness can be fined but testimony is retained.

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

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) Hold the earlier admission binding unless clearly shown to be made by mistake.
B) Allow the correction as part of truth-seeking.
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) No, because judicial notice cannot establish illegality.
C) Yes
D) Yes
E) No, because judicial notice cannot establish illegality.

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

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

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) Yes
C) No
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) Inadmissible due to lack of authentication.
B) Inadmissible due to lack of authentication.
C) Admissible as long as relevant.
D) Admissible if found in police records.
E) Admissible because it’s a confession.

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

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

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) No.
C) Yes
D) No
E) Yes

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

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

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) Certification from a telecommunications company.
D) Presentation of the phone and witness authentication.
E) Only printed screenshots.

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) No.
D) No.
E) Yes

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) Yes
D) No
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 scan was made by the NBI.
E) That the original was lost or unavailable without bad faith.

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

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

A) Require partial disclosure.
B) Respect privilege unless disclosure is essential to a fair trial.
C) Compel disclosure to ensure full evidence.
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) Admissibility issue due to broken chain of custody.
B) Relevance issue.
C) Admissibility issue due to broken chain of custody.
D) No issue if the bullet is genuine.
E) Weight issue only.

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) The prosecution.
B) Both equally
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) No
B) Yes.
C) No
D) Yes
E) Yes

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

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 fingerprints alone suffice
C) The circumstantial evidence forms an unbroken chain leading to guilt.
D) The circumstantial evidence forms an unbroken chain leading to guilt.
E) The accused’s motive is clearly proven

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

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

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

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 unaltered and properly handled from extraction to court presentation.
C) That the footage was relevant
D) That the footage was unaltered and properly handled from extraction to court presentation.
E) That a backup copy exists

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

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) No.
B) No
C) Yes
D) Yes
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) Potential break in chain of custody affecting admissibility.
D) None, since the gun is intact
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 testimony is consistent with autopsy
C) Experience and training in firearm forensics.
D) If the criminologist was first at the scene
E) Whether statement favors the prosecution

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) Yes
D) Yes
E) No.

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

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) Reject it; the analyst must testify
C) Admit it as an exception for official records.
D) Admit only if notarized
E) Admit it as an exception for official records.

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

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

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

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

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

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

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 automatically because it’s physical evidence
B) Admit it if it can still be properly identified as the same object.
C) Admit it if it can still be properly identified as the same object.
D) Exclude it; unmarked evidence is inadmissible
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) Yes
D) No
E) No.

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) No
C) Yes
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) Automatically uphold privilege
B) Deny disclosure unless essential to ensure fairness.
C) Deny disclosure unless essential to ensure fairness.
D) Compel disclosure in all cases
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) Strike out the entire testimony
B) Allow written answers instead
C) Excuse him from answering
D) Compel him to answer; cross-examination is a right.
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) Yes
B) Yes.
C) No
D) No
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) Accept it as expert opinion
C) Exclude it for lack of personal examination.
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) No.
B) No.
C) Yes
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) Shift burden back to prosecution
B) Present evidence proving unauthorized use.
C) Present evidence proving unauthorized use.
D) Demand authentication of logs
E) Simply deny the allegation

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

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

A) No.
B) No
C) No.
D) Yes
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) Irrelevant unless sample contaminated
B) Break in chain of custody affecting admissibility.
C) Only affects credibility, not admissibility
D) Break in chain of custody affecting 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) Overrule; criminologists may interpret behavior
B) Sustain; the statement is improper opinion.
C) Overrule if the statement is logical
D) Sustain; the statement is improper opinion.
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 witness saw it online
B) That the website is legitimate
C) That the post came from the accused’s account and was not altered.
D) That the post came from the accused’s account and was not altered.
E) That the printout is clear and readable

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

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) Yes
E) No.

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

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 system was government-owned
B) The authenticity and integrity of the data during transfer.
C) That the copy matches the original by appearance
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) Strike the affidavit; absence denies cross-examination.
B) Allow it as documentary evidence
C) Strike the affidavit; absence denies cross-examination.
D) Admit it if the defense had notice
E) Admit it since it’s notarized

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

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) Accept it if it reflects sincerity
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) Object; the statement is a conclusion not based on expert competence.

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

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

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

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

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) No
B) Yes.
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) Compel immediate disclosure
B) Deny disclosure unless material to the accused’s right to defense.
C) Automatically sustain the privilege
D) Refer to the DOJ for decision
E) Deny disclosure unless material to the accused’s right to defense.

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) Yes.
E) No

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

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 defense can withdraw it anytime
C) The admission is binding unless made under palpable mistake.
D) It’s disregarded once denied
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 unless enhanced
B) Admit only if expert testimony is added
C) Admit it; clarity affects weight, not admissibility.
D) Exclude it due to poor quality
E) Admit it; clarity affects weight, not admissibility.

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