RULE ON EVIDENCE

MCQ EXERCISES

1. The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, which may be given in evidence against him is called

a. Judicial admissionb. Confessionc. Res Gestaed. Declaration against interest

2. The rule which states that when a part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same project may be inquired by the other, and when a detached act, declaration, conversation, writing record is given in evidence by one party, any other act, declaration, conversation, writing or record necessary to its understanding may also given in evidence is called a. Best Evidence Ruleb. Theory of invisibility of the Evidencec. Parol Evidence Ruled. Principle of Falsa Demonstratio non nocet cum de corpora constat

3. Evidence of the moral character of a party in a civil case is admissible only when a. It tends to establish the probability or improbability of the offense charged.b. It is necessary to establish his claim or defense by the amount of evidence required by law.c. It is pertinent to the moral trait involved in the offense charged.d. It is pertinent to issue of character involved in the case.

4. It is the right of the witness not to given an answer which will tend to degrade his reputation unless a. He is also a witness to a party`s previous final conviction for an offense.b. He is to be re-examined by the party calling him to explain or supplement his answers given during the cross-examination.c. It be to the very fact at issue or to a fact from which the fact in issue would be presume.d. It is otherwise provided by law.

5. When is documentary evidence offered?

a. At the pre-trial conference.b. After the presentation of the testimonial evidence.c. At the time of pre-marking.d. Before the witness testifies.

6. Court should take judicial notice of the following except: a. Amnesty granted to a convictb. Quezon City is in the National capital Regionc. The Geneva Conventiond. California laws

7. The Judicial Affidavit Rule is not applicable in: a. Actions involving the contract of marriage and marital relations.b. Recovery of a sum of money in the amount Php10, 000.00.c. Civil cases involving a minor.d. A petition for the issuance of a writ of habeas corpus.

8. The Rules on Electronic Evidence shall apply to: a. A rape case involving a minor victimb. Declaration of nullity of marriage c. Quas- judicial casesd. B and C

9. Judicial affidavit shall take the place of:

a. Lulu`s testimony during the cross-examination.b. Lily`s direct testimony in a case for the declaration of nullity marriage.c. Lala`s direct testimony in a case for the recovery of Php50, 000.00 owned by Lulu under a contract of lease.d. Lila`s testimony in the re-direct examination conducted by Atty. Lilo

10. When may secondary evidence be admitted as evidence? a. When a Lot A`s original Certificate of Title was destroyed by fire.b. B executed an Affidavit of Loss and made it appear that C took the document.c. D failed to produce the promissory note despite notice and proof existence by E.d. When the original contract of lease was lost

11. A witness can testify only to those facts which he knows of his own personal knowledge except where: a. F`s testimony involves the date of birth of his neighbor, G.b. B is to testify an C`s plans of running for public office two days before the latter`s death in an ambush.c. X testifies that he saw Y kill Z but failed to returned to court for cross-examination.d. None of the above.

12. Which of the following is inadmissible due to the rule on privileged communication? a. X`s testimony regarding her husband`s infidelity in a case for declaration of nullity of marriage.b. Atty. A`s testimony narrating how his client, B, confessed to the killing of C.c. X testifies that her husband, Y, raped their child, Z.d. The priest`s testimony pertains to Y`s confessions after obtaining the latter`s consent.

13. What is the effect if evidence is not offered? a. The court may consider it if it was marked.b. The court may consider it if it was subject to cross-examination.c. The court will not consider it.d. The court may choose to consider it.

14. The rule that states that the rights of a party cannot be prejudiced by an act, declaration, or omission of another is called: a. Res gestaeb. Res ipsa loquitur c.Res judicatad. Res inter alios acta

15. In a civil case, Summer was made a witness to prove the existence of a contract of sale of a parcel of land entered into by her deceased husband Tom during his lifetime. The counsel for the opposing party questioned the competence of Summer to take the witness stand invoking the marital disqualification rule decide: a. The objection should not be sustained because Summer is not a party to contract subject of the civil case.b. The objection should be sustained because Summer and Tom legally married.c. The objection should not be sustained because the marital privilege rule under Section 22 of Rule 130 applies only when the marriage is existing at the time of the giving of testimony.d. The objection should be sustained because the rule on marital disqualification under Section 22 of Rule 130 binds Summer from testifying for her husband.

16. Two weeks after successful robbery the house of a famous writer, Alex was arrested. During a radio interview, he admitted his participation in the robbery and implicated three others, namely, Dim, Pete and georgie as his other companions in planning and executing the robbery. Decide on the admissibility of A`s statement.

a. Alex`s statement is admissible as to him but not to Dim, Pete and Georgie.b. Alex`s statement is admissible to him and to Dim, Pete and Georgie as well.c. Alex`s statement is neither admissible to him nor to Dim, Pete and Georgie.d. Alex`s statement is not admissible as to him, but admissible against Dim, Pete and Goergie.

17. To prove that Leia stabbed her Husband Han Solo, Luke testified that he heard C3PO running down the street, shouting excitedly, “Sinaksak dawn ni Leia ang asawa nya! (I heard that Leia is stabbing her husband)” is C3PO`s statement as narrated by Luke admissible? a. No, since the startling event had passed.b. Yes, as part of the res gestae.c. no, since the excited statement itself hearsay.d. Yes, as an independently relevant statement.

18. Tom was charged with serious physical injuries. During trial, Tom`s attorney calls Tereza to the stand. Tom`s attorney ask Tereza: “what is the reputation for honesty and veracity that Tom has in your community? Is this question proper? a. Yes, because the testimony of reputation evidence is admissible under these circumstances to establish a character trait.b. Yes, because Tom`s character traits were put in issue by the filing of the charge.C. Yes, because the testimony is hearsay, but falls into a recognized exception for character and reputation evidence.d. No, because the evidence being offered through Tereza`s testimony is not relevant to any material issue in the case brought against him.

19. Rosalinda is the illegitimate child of Don Fernando. Her mother was then a housemaid in the latter`s hacienda. She had pictures taken with the Don`s family during reunion and Christmas dinners even when she was still a child. On such occasions, she was also introduced as the Don`s daughter. Thereafter, her father stopped supporting her and even denied her as his daughter. So Rosalinda was constrained to prove her illegitimate filiation through family reputation or tradition regarding pedigree. May she avail of said evidence? a. Yes. Under the Family Code, an illegitimate child may prove her illegitimate filition by “any other means allowed by the Rules of Court and special laws.b. No. it must be established by the record of birth appearing in the civil register or a final judgment.c. No. it must be established by an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.d. No. it must be established by the open and continuous possession of the status of a legitimate.

20. Amanda Thripp sued Bruce Bogtrotter for injuries that she suffered when Bruce`s bicycle collided with her. The issue is whether Bruce was riding his bicycle on the correct of the roadway. Amanda wants to introduce a photograph that shows that Bruce was riding his bicycle on the wrong side of the wrong side of the road. Bruce objects to the introduction of the photograph. The photograph is:a. Admissible, because Bruce can cross-examine Amanda as to accuracy of the photograph.b. Admissible, if there is testimony offered showing the photograph to be an accurate representation scene of the accident.c. Inadmissible, unless the photographer testifies to the accuracy of the photograph.d. Inadmissible, unless the photograph was taken by an investigative agent at the accident scene.

21. In a murder case against Ned, the prosecution presented Rob as one of it witnesses to establish motive of Ned`s part in killing Tywin. According to him, he heard Tywin reporting to their boss that Ned stole money and some products from the company. Is Rob`s testimony admissible in evidence? a. No, it is a collateral matter thus admissible. b. Yes, a collateral matter is always a circumstantial evidence.c. Yes, a collateral matter can be considered as direct evidence.d. No, a collateral matter cannot be considered as direct evidence

22. Lea filed a rape case against Leo. During his arraignment, Leo entered a plea of guilty and the court convicted him. However, days after realizing the gravity of the punishment ahead of him, he changed his mind. He withdrew his plea of guilty and entered a plea of not guilty. Thereafter, the prosecution made use of his withdrawn plea of guilt as evidence to show that the accused committed the crime charged. Is the prosecution`s offer of Leo`s withdrawn plea valid? a. No. under the Rules of Criminal Procedure, the court cannot allow the accused to withdraw a plea of guilt if there is already a judgment of conviction.b. Yes. In a criminal case, a withdrawn plea of guilt can be used as circumstantial evidence to prove the guilt of the accused.c. No. in a criminal case, a withdrawn plea is not admissible in evidence in any manner.d. Yes. A withdrawn plea of guilt is a direct evidence to prove the guilt of the accused.

23. Maria is a star witness in a murder case against senator Pong. Fearing for her life, she executed and submitted to court of judicial affidavit in lieu of her testimony court. Judge Ping, however did not admit said document. He ordered Maria`s presence in court in the next scheduled hearing. Is Judge Ping correct? a. Yes. The Judicial affidavit Rule shall not apply where the accused agreed to the use of the as in the present case where the defense did not raise any objection.b. No. under Section 1 of the Judicial Affidavit Rule, the Rule shall apply to all actions, proceeding and incidents before the Regional Trial Court.c. Yes. The Rule on Judicial affidavit does not apply where the maximum impossible penalty exceed six years.d. No. the Judicial Affidavit Rule shall apply where the accused agreed to the use of judicial affidavits irrespective of the penalty involve.

In an action for the recovery of a sum on money, the original promissory note was presented in court. The plaintiff contended that the respondent is in default because the period stated in the note has already lapsed. It was thereafter authenticated by X who is familiar with the respondent`s signature. The respondent`s counsel, on the other hand, countered that X`s testimony should not be admitted because he is not privy to the contents of the document. Is he correct? a. Yes. A did not see the promissory note executed or written.b. Yes. The subject of inquiry pertains to the contents of the promissory note and A has no knowledge on the said matter.c. No. the present case does falls into the exceptions of the Best Evidence Rule.d. No. handwriting of a person may be proved by any witness who acquired knowledge of the handwriting of such person

25. Nene, a twelve-year old child, is a witness in a robbery case against Nilo. During the trial, Nilo`s counsel objected to the qualification of Nene as a witness. Is the objection valid? a. No. under the Rule on Examination of a child witness, there is a presumption that a minor is a qualified witness.b. Yes. Every counsel has the right to assail qualification of witnesses presented by the adverse party.c. No. all persons who can perceive and make known their perception to others may be witnesses and a twelve-year old can already perceive. d. Yes. A litigant who has doubt on the ability of a child-witness may assail the latter`s qualification through a competency examination.