- 1. 1. A move for the annulment of the criminal charge made by an accused is:
A) d. bill of particulars
B) b. nolleprosequi
C) c. Motion to dismiss
D) a. Motion to quash
- 2. 2. Evidence must be relevant in order to be admissible hence, collateral matters are not allowed. Except:
A) a. When it tends in any reasonable degree to establish the probability or improbability of the fact in issue.
B) b. When it is competent
C) c. When it is credible
D) d. When it has the ability to prove the facts in issue based on other related evidence.
- 3. 3. Which of the following is the exemption to the hearsay rule made under the consciousness of an impending death?
A) Suicide note
B) Ante mortem statement
C) Parol Evidence
D) Dead man statute
- 4. 4. It is that quality of evidence which tends to influence the trier of facts because of its logical connection with the issue. Evidence which has an effective influence or bearing to the question?
A) competent
B) relevant
C) material
D) credible
- 5. 5. How much time for counsel de Oficio to prepare for arraignment?
A) Two hours before proceeding the arraignment
B) Reasonable time to consult with the accused as to his plea before proceeding with the arraignment
C) One hour before proceeding the arraignment
D) 1 day before the proceeding the arraignment
- 6. 6. In the hierarchy of evidence, it is considered as the most reliable because its physical appearance cannot lie?
A) real evidence
B) testimonial
C) documentary
D) direct evidence
- 7. 7. What is the remedy of the accused if the court denies his motion to quash ?
A) He should appeal
B) He should plead and proceed to trial
C) He should plead
- 8. 8. Exclusion of evidence simply means
A) That evidence which are testimonial but objectionable shall be excluded
B) None of this
C) That evidence obtained unlawfully shall be excluded by the court and not admitted.
D) That witness not subject for examination should be excluded from the court
- 9. 9. Contempt committed in the presence of or so near a court or judge as to obstruct or interrupt proceedings before it.
A) Contempt
B) disobedience
C) indirect contempt
D) direct contempt
- 10. 10.
When the original document has been lost or destroyed, or cannot be reproduced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document or by the testimony of witnesses in the order stated.
A) Parole Evidence Rule
B) Best Evidence Rule
C) Secondary Evidence
D) Secondary Evidence Rule
- 11. 11. The trial court have how many days from the first day of trial to terminate the same?
A) 150 days
B) 180 days
C) 365 days
D) 60 days
- 12. 12. What is the standard of substantial evidence in administrative cases in the Philippines?
A) Evidence that slightly outweighs that of the opposing party.
B) Evidence that convinces the court beyond any doubt.
C) Such relevant evidence as a reasonable mind might accept as adequate to support a conclusion
D) Evidence that amounts to clear and convincing proof of guilt.
- 13. 13. Supreme Court Circular No. 39 promulgate for the purpose of implementing the provisions of
A) Revised Penal Code
B) R.A. 8493 Known as the Speedy Trial Act of 1998
C) SC AM 05-8-26
D) Rules of Court
- 14. 14. What does equiponderance of evidence mean in a judicial context?
A) Clear and convincing evidence supporting a claim.
B) The greater weight of evidence favoring one party.
C) A standard requiring proof beyond a reasonable doubt.
D) A state where evidence for both parties is equally strong.
- 15. 15. One which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated.
A) Objection
B) Leading question
C) Incompetent
D) Misleading question
- 16. 16. A rule which states that when the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. This rule forbids the addition to, or contradiction of the terms of a written agreement. The purpose of this rule is to give stability to written agreements. It came from the French word, meaning word of mouth or oral statement.
A) Marital disqualification rule
B) Original document rule
C) Best evidence rule
D) Parol evidence rule
- 17. 17. If the objection is overruled the witness ___________.
A) May answer the questions
B) None of the above
C) May leave the court room
D) Cannot answer the questions
- 18. 18.
What is this evidence which admission is dependent on its being obtained legally?
A) Material
B) Competent
C) Conclusive
D) Relevant
- 19. 19. Pursuant to Section 2 of Rule 112 of the Rules of Court, the following officers are authorized to conduct preliminary investigation except?
A) d. Public Attorney’s office
B) b. Judge MTC/MCTC
C) e. b and d
D) a. Provincial and City Prosecutor
E) c. Regional State Prosecutor
- 20. 20. A testator wrote in his will, “I give all of my property to my nephew “Leo”, but it turns out that the testator had two nephews by the name of Leo. In another case, the debtor wrote, “I will pay $100", but it was not sure whether the dollar refers to US or Australian dollars. What could be applied
A) Exception to the attorney-client rule
B) Exception to the marital disqualification rule
C) Exception to the best evidence rule
D) Exception to the parol evidence rule
- 21. 21. Evidence is admissible when it is relevant to the issue and not excluded by the __________.
1. Constitution, the law or the Rules of Court.
2. Constitution, ordinances, and special penal laws
3. laws of nature, laws of the land, and Supreme Court
4. Constitution and Bill of Rights
A) 1,2 and 3
B) 1 only
C) 4 only
D) 1 and 2 only
- 22. 22. The form of evidence that is subject to the senses of the court is evidence.
A) Real
B) All of these
C) Object
D) Physical
- 23. 23. Which of the following circumstances makes the evidence incompetent?
A) Evidence obtained in accordance with the rules
B) Evidence obtained through third-degree method of investigation
C) Evidence obtained in accordance with the law or statute
D) Evidence obtained in accordance with the constitution
- 24. 24. What is the purpose why an independent relevant evidence is admitted by the courts?
A) To prove that the fact is true
B) To prove that the fact is not true
C) To prove to the court the allegations
D) To show that the certain fact occurred whether true or not
- 25. 25. Any evidence which is obtained in violation of any rights of a person will not be admissible in court. This is anchored on what requisites of admissibility?
A) materiality
B) competency
C) relevancy
D) credibility
- 26. 26. This is defined as such amount of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. It is more than a mere scintilla of evidence. It need not be overwhelming or preponderant, as is required in an ordinary civil case, or evidence beyond reasonable doubt, as is required in criminal cases, but the evidence must be enough for a reasonable mind to support a conclusion:
A) Preponderance of evidence
B) Substantial evidence
C) Proof beyond reasonable doubt
D) Clear and convincing evidence
- 27. 27.
An offer of compromise is considered not an admission of any liability and is not admissible in evidence against the offeror on the following case, EXCEPT.
A) In criminal cases
B) Those arising from criminal negligence
C) In civil cases
D) An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury.
- 28. 28. Dingdong and Marian are husband and wife. Dingdong contracted a subsequent marriage with Angel before his former marriage was legally dissolved. Dingdong was charged with Bigamy. The lawyer of Marian showed before the court a copy of her marriage certificate to prove its existence. Such evidence is considered as…
A) Object
B) original document
C) Corroborative
D) Documentary
- 29. 29. In the above scenario, if the lawyer of Marian showed before the court a copy of her marriage certificate to prove its content that Dingdong and Marian were legally married. Such evidence is considered as…
A) Documentary
B) Object
C) Best
D) Corroborative
- 30. 30.
Which of the following is the Hearsay evidence rule?
A) hearsay evidence is not acceptable as evidence in court
B) Hearsay evidence is evidence given in the authority of another person.
C) hearsay evidence is evidence with respect to facts of which the witness has no personal knowledge because it is derived from the knowledge or perception of others who are not called to testify.
D) That a witness can testify only to those facts which he knows of his personal knowledge; that ism which are derived from his own perception.
- 31. 31.
The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.
A) declaration about pedigree
B) declaration against interest
C) res gestae
D) Dying declaration
- 32. 32. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.
A) testimonial evidence
B) material evidence
C) real evidence
D) documentary evidence
- 33. 33.
When the witness states that he did not see or know the occurrence of a fact.
A) negative evidence
B) secondary evidence
C) positive evidence
D) corroborative evidence
- 34. 34.
It is the ultimate facts or the facts in issue or to be proved. It is the essential facts constituting the plaintiff’s cause of action?
A) Evidence
B) factum probans
C) Factum probandum
D) proof
- 35. 35.
The rules of evidence shall be _____, except as otherwise provided by law or these rules.
A) not the same in all courts and in all trials and hearings
B) dependent on the type of case involved
C) absolutely the same in all courts and in all trials and hearings
D) the same in all courts and in all trials and hearings
- 36. 36.
Relevancy is one of the requisites for admissibility of evidence which means that evidence must have such relation to the fact in issue as to induce belief in its existence or non-existence. The other requisite is ____?
A) That it should not be excluded for by law
B) That it is material to the facts in issue
C) That it is credible
D) That it is the best evidence
- 37. 37.
Evidence must be relevant in order to be admissible hence, collateral matters are not allowed. Except:
A) When it is competent
B) When it has the ability to prove the facts in issue based on other related evidence
C) When it is credible
D) When it tends in any reasonable degree to establish the probability or improbability of the fact in issue.
- 38. 38.
It is that proof which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or to establish the facts or to counterbalance the presumptions of innocence to warrant a conviction.
A) Sur-rebuttal evidence
B) Preponderance of evidence
C) Prima-facie evidence
D) Rebuttal evidence
- 39. 39.
It refers to an evidence of oral or written statement of a party presented as evidence to modify, explain or add to the terms of the written agreement.
A) Secondary Evidence
B) Parol Evidence
C) Best Evidence
D) Parole Evidence Rule
- 40. 40.
When the witness states that he did not see or know the occurrence of a fact.
A) corroborative evidence
B) positive evidence
C) negative evidence
D) secondary evidence
- 41. 41. Evidence consist of writings, recordings, photographs, or any material containing letters, words, sounds.
A) Cumulative
B) Documentary
C) Corroborative
D) Object
- 42. 42. It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case.
A) Jurisprudence
B) court
C) Venue
D) jurisdiction
- 43. 43. Evidence of the same kind and to the same state of facts
A) Corroborative
B) Oral or Testimonial
C) Cumulative
D) Object
- 44. 44. It refers to the authority or power to hear and decided cases.
A) Jurisdiction
B) Jurisprudence
C) territory
D) Venue
- 45. 45. In criminal cases, except those involving quasi-offenses or criminal negligence or those allowed by law, what is the offer by the accused which may be received in evidence as an implied admission of guilt?
A) Compromise
B) Plea of guilty
C) Agreement
D) Admission
- 46. 46. Mr. Mabait was arrested for illegal possession of firearms which is considered a low power gun. Considering that the crime is punishable by correctional penalty, within how many hours should that a case be filed to the proper judicial authority?
A) 12 hours
B) 18 hours
C) 24 hours
D) 36 hours
- 47. 47. When the demurrer to evidence is filed with leave of court, _______.
A) the accused may adduce evidence in his defense.
B) The case will proceed
C) The case will be dismissed
D) The accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution
- 48. 48. Z as husband dies before he could institute the criminal action for adultery against his wife and the paramour. The case may:
A) Be prosecuted by the State
B) Still be prosecuted
C) No longer be prosecuted
D) Be prosecuted by the husband’s parents
- 49. 49. When the evidence presented in court during trial by the State and the accused are of equal weight, which will prevail?
A) Accused
B) None
C) It depends
D) State
- 50. 50. If the objection is sustained the witness ____________.
A) Cannot answer the questions
B) May answer the questions
C) May leave the court room
D) None of the above
- 51. 51. Within how many days after arraignment and from the date the court acquires jurisdiction over the person of the accused shall order a pre-trial conference
A) 20 days
B) 15 days
C) 30 days
D) 60 days
- 52. 52. When the written and printed words in a document are inconsistent with each other, which one shall prevail
A) Written
B) None of them
C) Both of them
D) Printed
- 53. 53. Additional evidence of a different character to the same point.
A) Corroborative
B) Oral or Testimonial
C) Object
D) Cumulative
- 54. 54. The order of trial is:
A) Direct, cross, rebuttal, and surrebuttal
B) Prosecution, cross, redirect, re-cross
C) Direct, cross, re-cross, re direct
D) Prosecution, accused, rebuttal and surrebuttal
- 55. 55. Any evidence which is obtained in violation of any rights of a person will not be admissible in court. This is anchored on what requisites of admissibility?
A) relevancy
B) competency
C) materiality
D) credibility
- 56. 56. What is this STAGE in court proceedings where the prosecution and accused may agree on matters what will promote a fair and expeditious trial of the case?
A) Preliminary investigation
B) Trial proper
C) Pre- trial
D) Inquest proceedings
- 57. 57. Refers to items such as dolls, puppets, drawings, mannequins or any other appropriate demonstrative device to assist him in testimony.
A) none of these
B) Emotional security items
C) Testimonial aids
D) support
- 58. 58. The evidence of the same kind and tending to prove the same facts is
A) cumulative
B) corroborative
C) direct
D) relevant
- 59. 59. After the decision was rendered by the court disposing of the case, which of the following remedies allows the presentation of new evidence?
A) petition for revie
B) motion for reconsideration
C) notice of appeal
D) motion for new trial
- 60. 60. It is the judicial examination and determination of the issue in an action or proceeding, civil or criminal.
A) plea bargaining
B) Judgment
C) pre-trial
D) trial
- 61. 61. A hired B as an employee, and in the contract of employment, the salary of B was pegged at P100, 000.00 a month. Later, A refused to pay B P100, 000.00 because according to him, he and B had a verbal agreement that B's salary is conditional in that if the business did not turn out well, then the supposed salary of B would only P50, 000.00 a month. Under the facts, A cannot introduce in court such a verbal agreement over the objection of B that such verbal agreement is a violation of what rule?
A) Employment contract rule
B) Original Document Rule
C) Parol evidence rule
D) Best evidence rule
- 62. 62. The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.
A) declaration against interest
B) declaration about pedigree
C) Dying declaration
D) res gestae
- 63. 63. Among the rights of the accused, which is not a constitutional right
A) right to counsel
B) right to appeal
C) right against self-incrimination
D) right to speedy trial
- 64. 64. When the complaint is vague, the accused may file a motion alleging among others the defect of the complaint or information and the details desired in order to enable him to properly answer and prepare for trial. This motion is known as:
A) motion to dismiss
B) motion for clarification
C) motion for postponement
D) motion for bill of particulars
- 65. 65. A kind of evidence which cannot be rebutted or overcome.
A) Secondary
B) Best
C) Conclusive
D) Primary
- 66. 66. If an accused person who refuses to plead, a plea of ___ shall be entered
A) not guilty
B) none
C) admission by silence
D) guilty
- 67. 67. X filed a motion to quash because the court trying his case had not ordered the prosecutor to conduct a preliminary investigation. Assuming that there was indeed no preliminary investigation that took place, will the court grant his motion to quash?
A) No
B) Yes
C) No, because absence of a preliminary investigation is not a ground for motion to quash under Rule 117,Section 3.
D) Yes, because it is a violation of his right, both under the Bill of Rights and under Rule 115 of the revised Rules of Court.
- 68. 68. It is the rule which states that if the inculpatory facts and circumstances are capable of two or more interpretation, one which is consistent with the innocence of the accused and the other consistent with his guilt, or they are evenly balanced. The constitutional presumption of innocence should tilt the scale in favor of the accused and he must be acquitted.
A) Hornbook doctrine
B) Equipoise rule
C) due process of law
D) Presumption of guilt
- 69. 69. When is the formal offer of Object/Documentary evidence?
A) The defense witness is called to testify
B) As ordered by the court to offer the testimony
C) The exhibits are formally offered
D) After presentation of all witnesses
- 70. 70. The subject matter of the litigation is the content of a photocopy of a document. What is the best evidence to prove the content of document?
A) The secondary evidence if original is lost
B) The subject photocopy document the contents of which is in issue.
C) The testimony of witnesses to the content of the original document
D) The original of the documents which were photocopied
- 71. 71. Which standard of proof applies in civil cases in the Philippines?
A) Clear and convincing evidence.
B) Preponderance of evidence.
C) Proof beyond reasonable doubt.
D) Substantial evidence.
- 72. 72. __________ is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of private individual or entity.
A) writ of mandamus
B) writ of habeas data
C) writ of amparo
D) writ of habeas corpus
- 73. 73. Which of the following situations is NOT valid search without warrant?
A) Search at the discretion of a police officer
B) Search incidental to lawful arrest
C) Search in plain view
D) Search incidental to stop and frisk
- 74. 74. When the accused interposes self-defense, what is MODIFIED in the court proceedings in so far as the presentation of the witness?
A) The order of presentation of evidence
B) None of these
C) The presumption of innocence
D) The burden of proof
- 75. 75. The evidence of the same kind and tending to prove the same facts is
A) cumulative
B) corroborative
C) direct
D) relevant
- 76. 76. Under the latest amendment to the rules all of the following may conduct preliminary investigation EXCEPT:
A) Other officers as may be authorized by law
B) Provincial or city prosecutors and their assistants
C) Judges of the municipal trial courts and municipal circuit trial courts
D) National and regional state prosecutors
- 77. 77. Maria witnesses a robbery and exclaims, "That man in the red shirt just stole my bag!" A police officer hears her statement immediately after the incident. Can Maria’s statement be admitted as evidence?
A) Yes, because it is part of the res gestae.
B) No, because it was made outside the courtroom.
C) Yes, because it is a dying declaration.
D) No, because it is hearsay.
- 78. 78. Which of the following suggests to the witness the answer which the examining party desires?
A) Misleading questions
B) Suggestive questions
C) Leading questions
D) Direct question
- 79. 79. Which of the following renders evidence inadmissible, even if it is relevant?
A) The evidence contradicts the testimony of other witnesses.
B) The evidence is directly linked to the fact in issue.
C) The evidence was presented during the pre-trial proceedings
D) The evidence was obtained in violation of constitutional rights.
- 80. 80. Which of the following is NOT a ground for motion to quash?
A) That criminal action or liability has been extinguished
B) That the facts charge do not constitute an offense
C) That more than one offense is charged except when a single punishment for various offenses is prescribed by law
D) That the court trying the case has jurisdiction over the offense char
- 81. 81. The party appealing the case shall be called?
A) Appellee
B) appellant
C) Defendant
D) accused
- 82. 82. Which of the following is true about doubts in criminal cases?
A) all doubts should be removed because conviction must be beyond shadow of a doubt
B) all doubts should be resolved in favor of the state
C) all doubts should be resolved in favor of the prosecution
D) all doubts should be resolved in favor of the accused
- 83. 83. X was charged with a certain crime before the RTC. Although bail was allowable under his indictment, he could not afford to post bail, and so he remained in detention at the city jail. For various reasons, ranging from the promotion of the presiding judge, to the absence of the trial prosecutor, and to the lack of notice to the city jail warden, the arraignment of X was postponed nineteen times over a period of two years. What can the lawyer for X do in order to protect the rights of the accused who is his client?
A) File a demurrer to evidence for insufficiency of evidence.
B) File a motion to quash based on grounds provided by the law.
C) File a motion to dismiss due to violation of the right of the accused to speedy trial.
D) Appeal to the higher court.
- 84. 84. Pre-trial process is where the parties stipulate on facts and evidence. What, in general, is the purpose of pre-trial?
A) To comply with the Order of the Court to expedite the court process
B) To settle the civil aspect of the criminal case
C) To determine if the accused will enter into a plea of guilty
D) To determine matters that will promote a fair and expeditious trial of the case
- 85. 85. The statement “Venue in criminal cases is jurisdictional” is ______.
A) Correct with reservations
B) False with reservations
C) Correct
D) False
- 86. 86. Under the Rules on Summary Procedures, the following pleading are prohibited except:
A) answer
B) motion to quash
C) demurrer to evidence
D) bill of particular
- 87. 87. Also known as examination in chief
A) Cross examination
B) Re-direct examination
C) Entrance Examination
D) Direct Examination
- 88. 88. It is the system or criminal procedure which is characterized by secrecy of investigation and the option of the defense and prosecution to appeal.
A) fixed
B) Inquisitorial
C) mixed
D) accusatorial
- 89. 89. _____________ is acquired thru arrest (with warrant or warrantless) or by voluntary surrender.
A) Jurisdiction over the territory
B) Jurisdiction over the subject matter
C) Jurisdiction over the person of the accused
D) Jurisdiction over the aggrieved party
- 90. 90. It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case.
A) Jurisprudence
B) jurisdiction
C) Venue
D) court
- 91. 91. Can the court issue a warrant of arrest even a case has not yet been filed?
A) Yes
B) Maybe
C) Sometimes
D) No
- 92. 92. What is the effect of the failure of the accused to be object to duplicitous charges in the information?
I. It is a violation of due process of law
II. He may be convicted of as many offense as charged
III. The right to object is deemed waived
A) I only
B) II only
C) I and II
D) II and III
- 93. 93. What is the definition of evidence under Philippine law?
A) A witness's personal opinion about the guilt of the accused.
B) The conclusion derived from the arguments of counsel.
C) The personal knowledge of the judge about the case.
D) Any data or testimony submitted to the court to prove the truth of alleged facts.
- 94. 94. Upon the conclusion of the re-direct examination, the adverse party may ____________ the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion.
A) Re-direct examine
B) Re-cross examine
C) Cross examine
D) Direct examine
- 95. 95. When the demurrer to evidence is filed without leave of court, _______.
A) The case will proceed
B) the accused may adduce evidence in his defense.
C) The case will be dismissed
D) The accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution
- 96. 96. After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination.
A) Cross examination
B) Re-cross examination
C) Direct examination
D) Re-direct examination
- 97. 97. It is means sanctioned by this rules, of ascertaining in a judicial preceding the truth respecting a matter of fact.
A) Evidence
B) fact
C) proof
D) truth verifying examination
- 98. 98. Civil liability arising from the offense charged is deemed instituted upon the filing of criminal action in court as provided by Rule 111 of Rules of Court. In what instances can a civil action for recovery of civil liability can be separated?
A) all of the choices
B) When the offended party reserves his right to institute the civil action;
C) When the institution of the civil action is made prior to the criminal action.
D) When the offended party waives the civil action;
- 99. 99. Evidence which is submitted to the court through the testimony or deposition of a witness. It is that which directly comes out of the witness’s mouth, oral or written, such as depositions and affidavits.
A) Object
B) Tangible
C) Real
D) Oral or Testimonial
- 100. 100. Is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.
A) Cross examination
B) Re-direct examination
C) Direct examination
D) Re-cross examination
|