McQ CLJ 5 EVIDENCE - Quiz
  • 1. What is evidence under Rule 128?
A) Only testimony given by a witness
B) Any information a party wants to present
C) Only physical objects
D) The means sanctioned by the Rules of ascertaining truth respecting a matter of fact in a judicial proceeding
  • 2. When is evidence admissible?
A) Only when it is documentary
B) When it is popular and persuasive
C) Whenever a party offers it
D) When it is relevant to the issue and not excluded by the Constitution, law, or Rules
  • 3. What is the general rule on relevancy?
A) Only expert evidence is relevant
B) Only documentary evidence is relevant
C) Evidence must relate to the fact in issue
D) All evidence is relevant
  • 4. Evidence on collateral matters is generally:
A) Always required
B) Conclusive
C) Always admissible
D) Not allowed unless it reasonably tends to establish probability or improbability of the fact in issue
  • 5. Which is object evidence?
A) A judicial admission
B) A witness's opinion
C) A physical object relevant to the fact in issue
D) A pleading
  • 6. Documentary evidence under the amended rules includes:
A) Writings, recordings, photographs, or materials containing letters, words, sounds, numbers, figures, symbols, or equivalents offered to prove contents
B) Only handwritten documents
C) Only public records
D) Only contracts
  • 7. The Original Document Rule generally applies when the subject of inquiry is:
A) The credibility of a judge
B) The character of a witness
C) The identity of counsel
D) The contents of a document
  • 8. Which is an exception to the Original Document Rule?
A) The original has been lost or destroyed without bad faith by the offeror
B) The party simply prefers a photocopy
C) The witness forgot the original
D) The document is inconvenient to carry
  • 9. If the original is under the control of the adverse party and is not produced after reasonable notice, the rule may permit:
A) Automatic dismissal
B) Character evidence
C) Judicial notice
D) Secondary evidence as allowed by the Rules
  • 10. The Original Document Rule may allow proof of a general result when originals consist of:
A) A witness statement
B) A single photograph
C) Numerous accounts or documents that cannot be examined without great loss of time
D) One short letter
  • 11. A public record in the custody of a public officer may fall under:
A) The opinion rule
B) An exception to the Original Document Rule
C) The character rule
D) The privilege rule
  • 12. Under Rule 129, a court shall take judicial notice of:
A) Every allegation in a complaint
B) Matters specifically made mandatory by the Rules
C) Any rumor
D) Any fact requested by counsel
  • 13. Which is subject to mandatory judicial notice?
A) The political Constitution and history of the Philippines
B) A party's private opinion
C) A newspaper editorial
D) A disputed witness statement
  • 14. A court may take discretionary judicial notice of matters that are:
A) Public knowledge, capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions
B) Secret
C) Merely alleged
D) Always disputed
  • 15. During pre-trial or trial, before taking judicial notice, the court shall:
A) Hear the parties on the propriety of taking judicial notice
B) Automatically grant it
C) Dismiss the case
D) Require a jury vote
  • 16. A judicial admission made by a party in the course of proceedings in the same case:
A) Requires expert proof
B) Does not require proof
C) Is admissible only in another case
D) Is never binding
  • 17. A judicial admission may be contradicted by showing:
A) The lawyer changed his mind
B) It was inconvenient
C) The opposing party objected
D) Palpable mistake or that the imputed admission was not actually made
  • 18. The burden of proof is the duty to:
A) Prove every collateral matter
B) Produce the greatest number of exhibits
C) Cross-examine every witness
D) Present evidence on facts in issue necessary to establish a claim or defense by the amount required by law
  • 19. A conclusive presumption generally:
A) Is merely a suggestion
B) Cannot be contradicted by evidence when the rule applies
C) Applies only to witnesses
D) May always be rebutted
  • 20. Which is a conclusive presumption under Rule 131?
A) Official duty is presumed regularly performed
B) A tenant is not permitted to deny the landlord's title at the commencement of the landlord-tenant relation
C) A person takes ordinary care
D) A person is presumed innocent of crime
  • 21. Which is a disputable presumption?
A) A judicial admission
B) A person is innocent of crime or wrong
C) A tenant cannot deny the landlord's title at commencement
D) A final judgment
  • 22. A disputable presumption is one that:
A) Requires no legal basis
B) Can never be challenged
C) Can be contradicted and overcome by other evidence
D) Is equivalent to a final judgment
  • 23. The presumption that a person intends the ordinary consequences of voluntary acts is:
A) Conclusive
B) Not recognized
C) Disputable
D) Irrebuttable only in civil cases
  • 24. The presumption that official duty has been regularly performed is:
A) Disputable
B) Never recognized
C) A privilege
D) Conclusive
  • 25. The presumption that private transactions have been fair and regular is:
A) Disputable
B) Never recognized
C) Conclusive
D) A privilege
  • 26. The presumption that a letter duly directed and mailed was received in the regular course of mail is:
A) An opinion
B) A judicial admission
C) Conclusive
D) Disputable
  • 27. In civil cases, the general standard is:
A) Absolute certainty
B) Proof beyond reasonable doubt
C) Mere suspicion
D) Preponderance of evidence
  • 28. In criminal cases, guilt must generally be shown:
A) By mere allegation
B) Beyond reasonable doubt
C) By a preponderance of evidence
D) By substantial evidence
  • 29. Preponderance of evidence concerns the:
A) Superior weight of evidence on the issues involved
B) Number of witnesses only
C) Personal preference of counsel
D) Length of trial
  • 30. In determining preponderance, the court may consider:
A) Only the number of witnesses
B) Only documentary evidence
C) Witnesses' manner of testifying and their opportunity to know the facts
D) Only the age of the judge
  • 31. The number of witnesses is:
A) Not necessarily controlling in determining preponderance
B) Always decisive
C) Irrelevant in all cases
D) The only factor
  • 32. Proof beyond reasonable doubt requires:
A) Only suspicion
B) Absolute mathematical certainty
C) Proof by rumor
D) The level of proof required for conviction in a criminal case, but not absolute or mathematical certainty
  • 33. The ordinary order of examination of an individual witness begins with:
A) Re-direct examination
B) Re-cross-examination
C) Direct examination
D) Cross-examination
  • 34. After direct examination comes:
A) Re-direct examination
B) Judgment
C) Re-cross-examination
D) Cross-examination
  • 35. After cross-examination comes:
A) Another direct examination automatically
B) Judgment
C) Re-cross-examination
D) Re-direct examination
  • 36. The last stage in the ordinary order is:
A) Re-direct examination
B) Re-direct examination
C) Re-cross-examination
D) Cross-examination
  • 37. Direct examination is conducted by:
A) The court reporter
B) The party presenting the witness
C) The judge only
D) The opposing party
  • 38. Cross-examination is conducted by:
A) The party presenting the witness
B) The stenographer
C) The opposing party
D) The clerk
  • 39. The examination of witnesses in trial or hearing is generally done:
A) In open court and under oath or affirmation
B) Only through written statements
C) In secret
D) Without recording
  • 40. Unless a witness is incapacitated to speak or the question calls for another mode of answer, answers are generally:
A) Given only by affidavit
B) Given anonymously
C) Given by counsel
D) Given orally
  • 41. A witness has the right to be protected from:
A) Irrelevant, improper, or insulting questions and harsh or insulting demeanor
B) Relevant questions
C) All questions about the case
D) All cross-examination
  • 42. A witness should not be detained longer than:
A) Three days
B) The judge's personal preference
C) One hour
D) The interests of justice require
  • 43. A witness generally need not answer a question that will tend to:
A) Establish a claim against the witness
B) Establish a fact in issue
C) Subject the witness to a penalty for an offense, unless otherwise provided by law
D) Identify a document
  • 44. A witness must answer regarding:
A) Every embarrassing matter
B) The fact of a previous final conviction for an offense
C) Any confidential communication
D) Any irrelevant rumor
  • 45. Leading questions are generally questions that:
A) Are asked only by the judge
B) Require expert testimony
C) Suggest the answer desired by the examiner
D) Concern only documents
  • 46. On direct examination, leading questions are generally:
A) Required
B) Allowed without exception
C) Not allowed, subject to recognized exceptions
D) The only proper form
  • 47. On cross-examination, leading questions are generally:
A) Required for every question
B) Allowed
C) Allowed only in civil cases
D) Never allowed
  • 48. A hostile witness may generally be examined by the proponent using:
A) No questions
B) Only an affidavit
C) Only judicial notice
D) Leading questions, subject to the Rules
  • 49. Refreshing recollection means:
A) Automatically admitting the writing as evidence
B) Using a writing or other aid to revive a witness's recollection
C) Giving an expert opinion
D) Taking judicial notice
  • 50. When a witness uses a writing to refresh memory, the adverse party may generally:
A) Treat it as a judicial admission
B) Destroy it
C) Inspect the writing under the applicable rule
D) Never see it
  • 51. A witness generally testifies based on:
A) Counsel's instructions
B) Personal knowledge of the facts, subject to recognized exceptions
C) Speculation
D) Public opinion
  • 52. The hearsay rule generally excludes:
A) Out-of-court statements offered to prove the truth of the matters asserted, subject to exceptions
B) All eyewitness testimony
C) All documentary evidence
D) All admissions
  • 53. An out-of-court statement offered only to show that it was made, rather than for its truth, is generally:
A) Always inadmissible
B) Not hearsay for that limited purpose
C) Always hearsay
D) A judicial admission
  • 54. An admission by a party may be:
A) Valid only when notarized
B) Admissible only if made in court
C) Admissible against that party under the Rules
D) Always excluded as hearsay
  • 55. The hearsay rule has:
A) Always excluded as hearsay
B) Recognized exceptions under the Rules
C) Valid only when notarized
D) Always excluded as hearsay
  • 56. The hearsay rule has:
A) Only one exception
B) Recognized exceptions under the Rules
C) No exceptions
D) No application in criminal cases
  • 57. A dying declaration is traditionally recognized as:
A) An expert opinion
B) A conclusive presumption
C) A judicial admission
D) An exception to the hearsay rule subject to its requirements
  • 58. A dying declaration generally relates to:
A) The cause or circumstances of the declarant's impending death, subject to the Rule's requirements
B) A judge's personal opinion
C) Any unrelated gossip
D) Only matters after judgment
  • 59. Res gestae is traditionally associated with:
A) Character evidence only
B) Judicial notice only
C) Public documents only
D) Statements or acts closely connected with a startling occurrence under applicable requirements
  • 60. The business records exception generally concerns:
A) Records made in the regular course of business under the requirements of the Rules
B) Anonymous posts
C) Any document found in an office
D) Private opinions
  • 61. A public record may receive evidentiary treatment based on:
A) The applicable rules governing public documents and official records
B) Its age alone
C) Its length
D) Its attractive appearance
  • 62. The parol evidence rule concerns evidence offered to:
A) Prove a witness's age
B) Establish judicial notice
C) Replace all object evidence
D) Vary, alter, or contradict the terms of a written agreement, subject to the Rule's requirements and exceptions
  • 63. Under the parol evidence rule, the written agreement is generally regarded as:
A) Automatically void
B) Containing the agreement of the parties, subject to recognized exceptions
C) Merely a suggestion
D) Irrelevant
  • 64. A public document is generally one:
A) Printed in a newspaper
B) Falling within the categories recognized by the Rules, including certain acts of public officers in official capacity
C) Signed by any two private perso
D) Stored on a personal phone
  • 65. A private document generally requires:
A) Proof only by a judge's statement
B) Authentication as required by the Rules
C) A government seal in every case
D) No authentication in every case
  • 66. Electronic evidence may include:
A) Only handwritten notes
B) Only paper contracts
C) Digital records and other electronic data recognized by applicable rules
D) Only physical photographs
  • 67. The 2019 amendments expanded documentary evidence to include:
A) Recordings and photographs, among other forms
B) Only notarized contracts
C) Only printed books
D) Only government records
  • 68. Authentication generally establishes:
A) That the evidence is conclusive
B) That the evidence is what its proponent claims it to be
C) That no objection is possible
D) That the evidence is automatically truthful
  • 69. The former 'Best Evidence Rule' is now referred to as the:
A) Primary Witness Rule
B) First Statement Rule
C) Original Document Rule
D) Sole Evidence Rule
  • 70. The former 'Best Evidence Rule' is now referred to as the:
A) Primary Witness Rule
B) Original Document Rule
C) First Statement Rule
D) Sole Evidence Rule
  • 71. The general rule on opinion evidence is that:
A) Opinion of a witness is generally not admissible except as allowed by the Rules
B) Every opinion is admissible
C) Only lawyers may give opinions
D) Opinion is always conclusive
  • 72. An expert witness may give an opinion on a matter requiring special knowledge, skill, experience, training, or education when the witness:
A) Is related to a party
B) Is a party
C) Is shown to possess the required qualification
D) Is merely interested in the case
  • 73. An ordinary witness may give an opinion concerning:
A) The proper legal judgment
B) Any scientific issue without basis
C) The identity of a person about whom the witness has adequate knowledge
D) The guilt of an accused as a legal conclusion
  • 74. An ordinary witness may testify about handwriting when:
A) The witness is related to the writer
B) The witness is a lawyer
C) The witness has sufficient familiarity with it
D) The witness has never seen it
  • 75. An ordinary witness may testify about mental sanity when:
A) The witness must always be an expert
B) The witness is sufficiently acquainted with the person
C) The witness is a stranger
D) The witness merely heard a rumor
  • 76. A witness may testify about impressions of a person's:
A) Future election results
B) Legal guilt as a matter of law
C) Emotion, behavior, condition, or appearance
D) Judicial reasoning
  • 77. Character evidence is generally:
A) Always admissible
B) Required in every criminal case
C) Conclusive
D) Not admissible to prove action in conformity with character on a particular occasion, subject to exceptions
  • 78. In a criminal case, the character of the offended party may be proved when it:
A) Is unrelated to the offense
B) Tends in reasonable degree to establish probability or improbability of the offense charged
C) Is always favorable to the accused
D) Is merely interesting
  • 79. An accused may generally prove good moral character when it is:
A) Pertinent to the moral trait involved in the offense charged
B) Completely unrelated to the charge
C) Offered only after conviction
D) Based only on rumors
  • 80. The prosecution may generally not prove the accused's bad moral character unless:
A) Before any evidence is presented
B) The accused refuses to testify
C) Automatically in every case
D) On rebuttal, subject to the Rules
  • 81. In civil cases, moral character evidence is admissible when:
A) The witness requests it
B) It is unrelated to any issue
C) It is merely embarrassing
D) Pertinent to the issue of character involved in the case
  • 82. Good character of a witness is generally not admissible until:
A) The witness's character has been impeached
B) The judge asks for it
C) The witness is cross-examined
D) The witness enters the courtroom
  • 83. Impeachment of a witness is primarily intended to:
A) Attack the witness's credibility
B) Establish jurisdiction
C) Prove every allegation automatically
D) Replace direct examination
  • 84. A witness may be impeached by:
A) Personal insults by counsel
B) Methods recognized by the Rules, such as evidence affecting credibility
C) Any unrelated rumor
D) A party's preference
  • 85. A party who calls a witness is:
A) Required to accept every answer
B) Automatically bound by every opinion
C) Always barred from questioning the witness
D) Subject to the Rules on impeachment and recognized exceptions
  • 86. Extrinsic evidence of specific acts to attack credibility is:
A) Required for all witnesses
B) Always prohibited in every circumstance
C) Always allowed
D) Limited by the Rules and subject to recognized exceptions
  • 87. Competency of a witness concerns whether the person:
A) Is legally capable of testifying under the applicable rules
B) Is represented by counsel
C) Has the most documents
D) Is the oldest person in court
  • 88. A witness generally must testify based on:
A) Speculation
B) Counsel's instructions
C) Personal knowledge of the facts, unless an exception applies
D) Public opinion
  • 89. A witness without personal knowledge of an event generally:
A) Must be believed automatically
B) May give any opinion
C) Cannot testify to the event as if personally perceived, absent an applicable exception
D) Becomes an expert
  • 90. Probative value generally refers to:
A) The tendency of evidence to make a fact more or less probable
B) The age of the witness
C) The cost of evidence
D) The number of pages in a document
  • 91. Relevant evidence may still be excluded if:
A) It is documentary
B) It is offered by the plaintiff
C) It is persuasive
D) The Constitution, law, or Rules exclude it
  • 92. The court may stop further testimony on a point when:
A) Counsel becomes tired
B) The hearing reaches noon
C) One witness has testified
D) The evidence is already so full that more witnesses cannot reasonably be expected to be additionally persuasive, exercised with caution
  • 93. Evidence on a motion based on facts not appearing of record may be heard through:
A) Affidavits or depositions, subject to the court's direction
B) Anonymous messages only
C) Newspaper articles only
D) Oral arguments only
  • 94. Perpetuation of testimony is intended to:
A) Replace all trials
B) Preserve testimony concerning a matter that may be cognizable in court when preservation is sought under the Rule
C) Create a judicial admission
D) Eliminate witnesses
  • 95. A petition to perpetuate testimony is generally:
A) Filed without identifying expected adverse parties
B) Anonymous
C) Verified
D) Always oral
  • 96. A petition for perpetuation of testimony should state:
A) The judge's personal opinion
B) Only the requested damages
C) Only the petitioner's nickname
D) The subject matter of the expected action and the petitioner's interest therein
  • 97. The petition should identify expected adverse parties and:
A) Their political views
B) Their favorite activities
C) Their unrelated employment history
D) Their addresses so far as known
  • 98. The petition should identify persons to be examined and:
A) Their social media accounts
B) Their opinions about the judge
C) The substance of the testimony expected from each
D) Only their ages
  • 99. The 2019 Amendments to the Revised Rules on Evidence became effective on:
A) May 1, 2020
B) January 1, 2019
C) December 31, 2020
D) June 1, 2022
  • 100. The 2019 Amendments to the Revised Rules on Evidence are identified as:
A) A.M. No. 19-10-20-SC
B) Republic Act No. 1000
C) A.M. No. 19-08-15-SC
D) Executive Order No. 19
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