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