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CLJ5 Evidence
Contributed by: Bravo
  • 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) Burden of proof
C) Presumption
D) Presumption
  • 2. Evidence that is given to explain, repel, counteract, or disprove facts given in evidence by the adverse party.
A) Sur-rebuttal Evidence
B) Rebuttal Evidence
C) Rebuttal Evidence
D) Secondary Evidence
E) Conclusive Evidence
  • 3. In the same criminal proceeding as above-mentioned, it was revealed that during the direct examination that Leonilo testified in court with respect to what was told to him by Pedro, while he was lying on the ground. If you were the counsel for the accused, what possible ground of objection you will raise, if any?
A) I will object because the testimony is based on opinion only
B) I will object because the testimony is hearsay
C) I will object because the testimony is irrelevant
D) I will object because the testimony is hearsay
E) I will not object because the testimony allowed by law
  • 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 confession
D) judicial admission
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 judicial admission
C) they are extrajudicial admission
D) they are extra judicial confession
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) dying declaration
B) res gestae
C) common reputation
D) declaration against interest
E) res gestae
  • 7. It is an additional evidence of a different character but to the same point.
A) direct evidence
B) positive evidence
C) corroborative evidence
D) corroborative evidence
E) cumulative evidence
  • 8. The direct acknowledgment of guilt of a person in regards to a particular case is called.
A) judicial confession
B) judicial confession
C) extra-judicial admission
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 Maria and Peter as mother and legitimate son, respectively.
C) Relationship of Peter and Juan as son and father, respectively.
D) Relationship of Peter and Juanas legitimates on and father, respectively
E) Relationship of Peter and Juanas legitimates on and father, respectively
  • 10. In criminal cases, who has the burden of proof?
A) The accused has the onus probandi because he is the one charged
B) The accused has the duty to prove because he will be put to jail if he cannot prove his innocence
C) The prosecution has the duty to prove because the accused is not interested in the criminal case
D) The prosecution has the on us proband because it is the party filing the case
E) The prosecution has the on us proband because it is the party filing the case
  • 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 et de Jure
C) Burden of Proof
D) Onus Probandi
E) Presumption Juris Tantum
  • 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 ante litem motam rule
D) It is not admissible under the res gestae rule
E) It is not admissible under the inter aliosactanocerenondebet 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 has to testify only as to mental and emotional state of the one who authored the writing.
C) When he is a Questioned document examiner
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 not testify because it is hearsay.
C) the doctor can not testify because the communication is privileged
D) The doctor can testify because the case is not criminal in nature.
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) Leading question
B) Misleading question
C) Leading question
D) Answer
E) Maliciousquestion
  • 16. The evidence as a whole adduced by one side is superior to that of the other.
A) All of the above
B) Preponderanceofevidence
C) 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 questioning the results of the paraffin test
E) Whether or not Zanjoe is the one committing the crime
  • 18. Evidence supplied by written instruments or derived from conventional symbols, such as letter, by which ideas are represented on material substances.
A) Object Evidence
B) Substantial Evidence
C) Documentary Evidence
D) Direct Evidence
E) Direct Evidence
  • 19. A and B were passengers of the ill-fated MV St Thomas Aquinas that figured in a sea collision in the seawater off Talisay City. There was no evidence to show who, as to them, died first. A was 21 years old and he was a graduating student, while B was 45 years old and she was employed at UK) University of Kalubihan. Under the law of evidence, who survives or died last?
A) It was B who died last
B) It was B who survived
C) It was A who died first
D) It was A who survived
E) It was A who survived
  • 20. On the same vessel MV St Thomas Aquinas, X, 61 years old and W, 14 years old (Father and daughter, respectively) were also missing and up to this time, their bodies were not recovered. Who was presumed to have died first?
A) Both died at the same time
B) X died a head of W
C) W died ahead of X
D) X died a head of W
E) X died after W
  • 21. Evidence which standing alone, unexplained or uncontradicted is sufficient to maintain a proposition.
A) Circumstantial Evidence
B) Prima facie Evidence
C) Direct Evidence
D) Conclusive 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) irrelevant
C) voidable
D) unacceptable
E) incompetent
  • 23. In a case for homicide, the defense presents self-defense as his defense. The court ordered for a reverse trial where the defense is required to present first its evidence. The first witness was presented. Which of the following statements is correct?
A) The prosecution will conduct the direct examination
B) The defense will conduct the cross-examination
C) The defense will conduct the direct examination
D) The prosecution will conduct re-direct 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) testimonial evidence
B) documentary evidence
C) object evidence
D) oral evidence
E) documentary evidence
  • 25. Ally. Enrique Iglesias is holding law office at Sanciangko Street, Cebu City. One day, be was conferring with his client, Floyd Pacquiao, at his law office when Mung Tomas, a janitor-clerk, who was cleaning the floor, overheard their conversation. Mang Tomas had a conversation with Joy Salsa, his wife and he told to her about the discussion of Alty. Iglesias and his client Floyd Pacquiao. The adverse party through Joy Salsa heard about conversation of Ally, Iglesias and Floyd Pacquiao, During the trial of the case, the opponents of Floyd Pacquiao called Mang Tomas to testify against Floyd Pacquiao. Joy Salsa was also called to testify. If you were Ally. Enrique Iglesias, what possible ground of objection, if any, will you raise when Mang Tomas is presented in court?
A) 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 testimony of the priest is admissible because it is a declaration against interest
B) The priest cannot testify without violating the hearsay evidence rule
C) The priest can testify as the situation falls under the rule on res gestae
D) The priest cannot testify without violating the hearsay evidence rule
E) .The priest cannot be compelled to testify because of priest-penitent privileged communication
  • 27. Evidence which proves the fact in dispute without the aid of any interference or presumption.
A) Negative Evidence
B) Circumstantial Evidence
C) Corroborative Evidence
D) Direct Evidence
E) Direct Evidence
  • 28. If you were the judge, will you allow Mang Tomas to testify?
A) Yes, because he has personal knowledge since, he was present at the time Atty. Iglesias and Floyd Pacquaio had conversation
B) No, because the testimony of Mang Tomas violates the lawyer-client privileged communication rule.
C) No, because the testimony of Mang Tomas is pure hearsay
D) Yes, because 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) Testimonial Evidence
B) Implied Admission
C) Express Admission
D) Express Admission
E) Secondary Evidence
  • 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) res inter alios acta nocere non debet rule
C) marital privilege communication rule
D) marital privilege disqualification rule
E) marital privilege communication rule
  • 31. The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.
A) Formal Investigationd. Re-cross examination
B) Cross-examination
C) Direct examination
D) Direct examination
  • 32. Evidence that has a tendency in reason to establish the probability or improvability of a fact in issue.
A) Material Evidence
B) Material Evidence
C) Rebuttal Evidence
D) Direct Evidence
E) Relevant Evidence
  • 33. Which is not an element in dying declaration?
A) he declarant survives
B) The declaration relates to facts which the victim is competent to testify
C) he declarant survives
D) The declaration was made under consciousness of an impending death
E) The declaration refers to the cause and surrounding circumstances of the declarant's death
  • 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 a dying declaration
B) it is a dying declaration
C) It is corroborative evidence
D) It is hearsay
E) it is circumstantial evidence
  • 35. Unreasonable delay to seek or assert a right at a proper time.
A) Estoppel by deed
B) Estoppel by lashes
C) Estoppel in pais
D) None of the above
E) Estoppel in pais
  • 36. Which of the following pieces of evidence is excluded by the Rules of Court?
A) testimony of a deaf-mute in the oral defamation case
B) testimony of a deaf-mute in the oral defamation case
C) testimony of a victim's cousin who was a drug addict
D) testimony of a 5-year-old girl who was raped
E) testimony of a blind man in the murder incident involving use of firearm
  • 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) Yes, she can refuse to testify under the parental privilege rule
C) No, she cannot refuse to testify because it is not covered by marital disqualification rule
D) Yes, she can refuse to testify under the parental privilege rule
E) No, she cannot refuse because the subpoena is issued by the Court
  • 39. The parol evidence rule applies only to
A) written agreements
B) documents
C) testimonial
D) written agreements
E) objects
  • 40. Evidence of the same kind and character as that already given and tends to prove the same point.
A) Rebuttal Evidence
B) Cumulative Evidence
C) Positive Evidence
D) Testimonial Evidence
E) Rebuttal Evidence
  • 41. Criminal procedure primarily governs
A) Manner of enforcing criminal law
B) Administrative penalties
C) Substantive rights of parties
D) Civil actions for damages
E) Ethical conduct of lawyers
  • 42. The purpose of criminal procedure is to
A) Punish the accused immediately
B) Protect only the victim
C) Prolong the trial process
D) Avoid police investigations
E) Secure the conviction of the guilty while ensuring the innocent are not punished
  • 43. A criminal action is instituted by
A) Decision of the judge
B) Filing of a complaint or information
C) Trial commencement
D) Arrest of the accused
E) Issuance of a subpoena
  • 44. A complaint is filed by
A) The judge
B) The offended party or any peace officer
C) The prosecutor
D) The accused
E) The defense lawyer
  • 45. An information is signed by
A) The prosecutor
B) The judge
C) The police investigator
D) The accused
E) The complainant
  • 46. The jurisdiction over criminal cases depends primarily on
A) The penalty prescribed by law for the offense
B) The type of evidence presented
C) The place of arrest
D) The nationality of the accused
E) The amount of damages claimed
  • 47. The accused is entitled to counsel
A) Only when he requests for it
B) After conviction
C) At all stages of the criminal process
D) Only during arraignment
E) Only during trial
  • 48. Arraignment must be conducted
A) In open court
B) In private
C) During preliminary investigation
D) Only in the prosecutor’s office
E) In the police station
  • 49. Plea bargaining is
A) Decided by the police
B) Forbidden in criminal law
C) The same as arraignment
D) A negotiation between prosecutor and accused for a lesser offense
E) A negotiation between judge and witness
  • 50. When the accused pleads guilty, the court must
A) Dismiss the case
B) Conduct a searching inquiry
C) Issue a warrant
D) Refer to mediation
E) Immediately convict him
  • 51. A warrant of arrest is issued by
A) The mayor
B) The judge
C) The complainant
D) The prosecutor
E) The police chief
  • 52. Bail is a?
A) Punishment
B) Fine
C) Confession
D) Guarantee for appearance in court ‎
E) Civil indemnity
  • 53. The right to speedy trial means
A) The accused cannot delay trial
B) The prosecution must drop weak cases
C) The court must dispose of the case without unreasonable delay
D) No postponement is allowed
E) Trial must be finished in one day
  • 54. Double jeopardy exists when
A) The prosecution presents two witnesses
B) The accused is tried twice for the same offense
C) The accused appeals his case
D) There are two informations filed
E) The court changes the charge
  • 55. The preliminary investigation determines
A) The jurisdiction of the court
B) The guilt of the accused
C) The civil damages
D) The sufficiency of evidence to file information
E) The sentence to be imposed
  • 56. The burden of proof in criminal cases lies with
A) The prosecutor
B) The judge
C) The defense
D) The accused
E) The complainant’s lawyer
  • 57. The quantum of proof required for conviction is
A) Proof beyond reasonable doubt
B) Preponderance of evidence
C) Probable cause
D) Clear and convincing evidence
E) Substantial evidence
  • 58. Probable cause is required for
A) Appeal
B) Execution of judgment
C) Filing of complaint
D) Conviction
E) Issuance of warrant of arrest
  • 59. The exclusionary rule means:
A) Only hearsay is excluded
B) Illegally obtained evidence is inadmissible
C) Confessions can be forced
D) All evidence is admissible
E) Character evidence is always allowed
  • 60. Hearsay evidence is
A) Based on what another person told the witness
B) Based on the witness’s own knowledge
C) Derived from physical evidence
D) Always admissible
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 accused was previously convicted of another offense
C) The court has no jurisdiction over the person of the accused
D) The information does not conform substantially to the prescribed form
E) The facts charged do not constitute an offense
  • 62. When an accused pleads guilty to a capital offense, what must the court do?
A) Dismiss the case
B) Immediately impose sentence
C) Require the prosecution to prove the guilt and degree of culpability
D) Ask the accused to withdraw the plea
E) Refer the case to the Supreme Court
  • 63. A subpoena duces tecum requires a person to
A) Produce documents or objects for inspection
B) Appear in court and testify
C) Remain in detention
D) Execute a written testimony
E) Pay a fine to the court
  • 64. The Best Evidence Rule states that
A) Only the original of a document is admissible to prove its contents
B) Copies are sufficient proof of authenticity
C) Testimonies are better than written evidence
D) Secondary evidence may always be admitted
E) The court decides which evidence is best
  • 65. The prosecution must prove the guilt of the accused
A) By clear and convincing evidence
B) Beyond reasonable doubt
C) By a preponderance of evidence
D) By probable cause
E) By credible testimony
  • 66. What is testimonial evidence?
A) Audio recordings
B) Testimony given by witnesses under oath
C) Expert opinion submitted to the court
D) Objects used in the commission of the crime
E) Written statements or documents
  • 67. The Miranda Doctrine protects
A) The right to appeal
B) The right against self-incrimination and to counsel
C) The right to bail
D) The right to be free from double jeopardy
E) The right to speedy disposition of cases
  • 68. When a case is dismissed after the prosecution rests, it is usually due to
A) Improper venue
B) Lack of probable cause
C) Double jeopardy
D) Rebuttal testimony
E) Demurrer to evidence
  • 69. Corpus delicti means
A) The body of the victim only
B) The person of the accused
C) The penalty imposed by law
D) The confession of the suspect
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) Avoid written evidence
D) Speed up trial by replacing direct testimonies with affidavits
E) Remove the need for witnesses
  • 71. The finality of judgment means:
A) The decision can still be appealed
B) The case is reopened automatically
C) The case is transferred to another court
D) The decision is void
E) The judgment can no longer be modified or appealed
  • 72. A warrant of arrest is issued only upon:
A) Filing of the affidavit
B) Motion of the complainant
C) Finding of probable cause by the judge ‎ ‎
D) Request of the police officer
E) Order of the prosecutor
  • 73. The doctrine of fruit of the poisonous tree refers to:
A) Evidence approved by the court
B) Evidence obtained from a lawful arrest
C) Evidence based on the testimony of a witness
D) Evidence derived from an illegal search or seizure
E) Evidence submitted by the defense
  • 74. Which of the following statements about bail is correct?
A) Bail is not allowed before filing of a complaint
B) Bail is a matter of right after conviction by the RTC
C) Bail may be posted only by the police
D) Bail is a security for the release of an accused
E) Bail automatically extinguishes the criminal case
  • 75. Double jeopardy means:
A) Being tried in two different courts
B) Being acquitted and later convicted
C) Being tried twice for the same offense
D) Being arrested by two police units
E) Being convicted twice of different offenses
  • 76. The Sandiganbayan has jurisdiction over:
A) Administrative cases of government employees
B) All criminal cases
C) Civil cases involving government officials
D) Election-related crimes
E) Crimes committed by public officials in relation to their office
  • 77. The chain of custody rule applies primarily to
A) Libel cases
B) Traffic violations
C) Estafa cases
D) Trespassing cases
E) Drug-related cases
  • 78. When an accused fails to appear during arraignment without just cause, the court may:
A) Proceed with trial
B) Dismiss the case
C) Suspend the prosecutor
D) Appoint a public attorney
E) Issue a warrant of arrest
  • 79. Direct examination refers to:
A) Cross-examination of witnesses
B) Leading questions by any party
C) Questioning by the prosecution of its own witness
D) Questioning by the defense
E) Questioning by the judge
  • 80. Leading questions are generally:
A) Allowed during direct examination
B) Allowed during cross-examination
C) Prohibited during all examinations
D) Used only by expert witnesses
E) Required in re-direct examination
  • 81. Cross-examination is conducted to:
A) Test the truthfulness and credibility of the witness
B) Summarize all testimonies
C) Present new evidence
D) Introduce exhibits
E) Support the testimony of one’s own witness
  • 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) Expert Evidence
B) Direct Evidence
C) Circumstantial Evidence
D) Competent 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) documentary evidence rule
B) secondary evidence rule
C) parol evidence rule
D) secondary evidence rule
E) testimonial knowledge 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 gestae rule
B) testimonial knowledge rule
C) dying declaration
D) res inter alios acta rule
E) res inter alios acta rule
  • 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) Baptismal certificate of Peter where the name of Juan appear sin the entry of father
C) Baptismal certificate of Peter where the name of Juan appear sin the entry of father
D) Testimony of Maria that she is the mother of Peter and Juan is the 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) corroborative evidence
B) substantial evidence
C) relevant evidence
D) material evidence
E) material 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) Presumption
B) Burden of Evidence
C) Burden of proof
D) Conclusive presumption
E) Presumption
  • 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 extrajudicial confession
B) it is considered a dying declaration L
C) it is considered part of the res gestae
D) it is a declaration against interest
E) .it is considered a dying declaration c. it is extrajudicial confession b. it is considered part of the res gestae
  • 89. Models, maps, charts, and graphs are called?
A) real evidence
B) cumulative evidence
C) corroborative evidence
D) demonstrative evidence
E) demonstrative evidence
  • 90. What is the value of the paraffin test as evidence?
A) It proves the presence or absence of nitrates or nitrites
B) It proves the firing of the gun by the person found positive of nitrates or nitrites
C) It proves the conduct of the paraffin test only
D) It proves the presence or absence of nitrates or nitrites
E) It proves the guilt of the person found positive of nitrates or nitrates
  • 91. These questions suggest to the witness the answers to which an examining party requires.
A) stupid
B) hearsay
C) leading
D) leading
E) misleading
  • 92. That logical necessity which rests on a party at any particular time during the trial to create a prima facie case in his favor, or to overthrow one when created against him.
A) Burden of proof
B) presumption
C) None of the above
D) Burden of evidence
E) Burden of evidence
  • 93. In the foregoing case, B's statement identifying A as his assailant may not be considered a dying declaration because in dying declaration.
A) The declaration must be written
B) B's wound must be fatal
C) B'sdeath is indispensable
D) B'sdeath is indispensable
E) B and A must have argument and has grudges
  • 94. It is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law.
A) Burden of evidence
B) Burden of proof
C) Burden of proof
D) None of the above
E) Presumptions
  • 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 Revised Rules of Criminal Procedure
C) The Oral Testimonies of Witness' Rule
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 an admission and therefore admissible in court
B) it is part of the res gestae and therefore admissible in court
C) it is a dying declaration and therefore admissible in court
D) it is an admission and therefore admissible in court
E) it is a confession and therefore admissible in court
  • 97. Class of evidence which the law does not allow to be contradicted.
A) Conclusive Evidence
B) SecondaryEvidence
C) Conclusive Evidence
D) Expert Evidence
E) Real Evidence
  • 98. A kind of evidence which cannot be rebutted or overcome.
A) Primary evidence
B) Conclusive evidence
C) Best evidence
D) Secondary evidence
E) Conclusive evidence
  • 99. " Fruit of the poison tree" is a doctrine in evidence which means that the evidence obtained is.
A) Corroborative
B) Admissible
C) excluded by law
D) best evidence
E) excluded by law
  • 100. Evidence of the same kind and character as that already given and tends to prove the same point.
A) Rebuttal Evidence
B) Cumulative Evidence
C) Testimonial Evidence
D) Positive Evidence
E) Rebuttal Evidence
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