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College of Criminal Justice Education

CRIMINAL JURISPRUDENCE REVIEW 2021
Criminal Procedure
Mental Calisthenics 4
MULTIPLE CHOICE: There may one or more possible correct answer in a given question, but select the best answer.
UNDERLINE THE TERM OR PHRASE which represents or corresponds to your answer.

1. This is the means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
A. Evidence C. Truth
B. Proof D. Fact
2. Evidence is the _____________________________ of knowing and seeing the truthfulness of a particular
accusation against an individual accused of having committed a crime.
A. Material C. Method
B. Manner D. Motive
3. This is the probative value of evidence:
A. Proof C. Truth
B. Fact D. None of the foregoing.
4. This is an element of admissibility of evidence in court:
A. Credibility C. Relevancy
B. Availability D. None of the foregoing.
5. When an evidence is disallowed by the Rules for having no rational probative value, the evidence is
rendered:
A. Incompetent C. Logical
B. Irrelevant D. None of the foregoing.
6. When a witness is disbelieved by the court for being unworthy of belief, what is affected is the issue of:
A. Relevancy C. Credibility
B. Competency D. None of the foregoing.
7. When a piece of evidence is barred by law or the Rules as inadmissible, it is rendered:
A. Incompetent C. Incredible
B. Irrelevant D. None of the foregoing.
8. When a piece of evidence is a fruit of a poisonous tree or one obtained in violation of constitutional or
statutory rights of a person, such evidence is rendered:
A. Incompetent C. Logical
B. Irrelevant D. None of the foregoing.
9. Determine which statement is correct:
I. An admissible evidence is necessarily a credible.
II. A credible evidence is necessarily admissible.
III. An admissible evidence is not necessarily credible.
IV. A credible evidence is not necessarily admissible.
A. All the above statements are correct; C. Only numbers I and II are correct;
B. All the above statements are not correct; D. Only numbers III and IV are correct.
10. A fact in issue which is established by means of evidence is called:
A. Factum probans C. Factual matter
B. Factum probandum D. None of them.
11. This is a probative fact or evidentiary fact directed or tending to prove the fact in dispute:
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A. Factum probans C. Factual matter

B. Factum probandum D. None of them.
12. Evidence is required only when there is a factual issue in a case and is not necessary in a purely legal
controversy:
A. Wholly true C. Wholly false
B. Partly true D. Partly false.
13. Proof is the probative value of evidence:
A. Wrong C. False
B. Correct D. The statement is not complete.
14. Which one is dispensed with in case of judicial notice?
A. Fact C. Proof
B. Truth D. Evidence.
15. The technical rules of evidence is required in a judicial proceeding but not in administrative investigation
or quasi-judicial determination:
A. Wholly true C. Wholly false
B. Partly true D. Partly false.
16. This is the highest degree of evidence:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
17. The quantum of proof required by law for the conviction of an accused in a criminal proceeding is:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
18. The quantum of proof required by law as a basis of decision in a civil case is:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
19. The quantum of proof required by law for the determination of guilt of an accused in an administrative
proceeding is:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
20. This is the degree of proof required by law for the acquittal of an accused who interposes self-defense in a
criminal case:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
21. This is the degree of reasonable belief required by law for the filing of information in court by the public
prosecutor:
A. Probable cause C. Preponderance of evidence
B. Substantial evidence D. None of them.
22. This is the degree of proof required by law for the grant of bail in favor of an accused in a homicide case:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
23. This is the amount or quantum of proof required by law for the defense of alibi to prosper:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
24. The defense of framed up should be established by this quantum of proof:
A. Clear and convincing evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Substantial evidence.
25. In a passenger’s complaint for damages arising out of a car accident, the factum probandum is:
A. The allegation of the driver’s negligence as the proximate cause of the injury.
B. The testimony of a witness that the driver was happily texting his wife while driving.
C. The complaint of the passenger that she suffered miscarriage as a result of the accident.
D. None of the above.
26. In the immediately preceding number, the factum probans is:
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A. The allegation of the driver’s negligence as the proximate cause of the injury.
B. The testimony of a witness that the driver was happily texting his wife while driving.
C. The complaint of the passenger that she suffered miscarriage as a result of the accident.
D. None of the above.
27. In a prosecution for rape against the boyfriend, the factum probandum is:
A. Whether the sexual intercourse took place without the consent of the girlfriend.
B. The pant and underwear of the girlfriend which were torn apart as a result of force.
C. The subsequent forgiveness by the girlfriend when she took pity on the boyfriend.
D. The offer of marriage by the boyfriend to the girlfriend.
28. In the immediately preceding number, the factum probans is:
A. Whether the sexual intercourse took place without the consent of the girlfriend.
B. The pant and underwear of the girlfriend which were torn apart as a result of force.
C. The subsequent forgiveness by the girlfriend when she took pity on the boyfriend.
D. The offer of marriage by the boyfriend to the girlfriend.
29. In the preceding two numbers, when the boyfriend acknowledges his guilt, there is no more:
A. Factum probandum C. Pactum probandum
B. Factum probans D. None of the foregoing
30. When the defendant in a homicide case interposes alibi as his defense, that kind of evidence is:
A. Negative evidence C. Indirect evidence
B. Positive evidence D. None of them.
31. When the accused voluntarily acknowledges his guilt before the court, that kind of evidence is:
A. Negative evidence C. Indirect evidence
B. Positive evidence D. None of them.
32. In a prosecution for violation of RA 9165, the accused interposes framed up as his defense. The
quantum of proof that the accused shall adduce for his acquittal is:
A. Substantial evidence C. Clear and convincing evidence
B. Preponderance of evidence D. Proof beyond reasonable doubt.
33. This kind of evidence proves the existence of a fact in issue without presumption or inference from
other facts:
A. Circumstantial evidence C. Corroborative evidence
B. Direct evidence D. None of the above.
34. In this kind of evidence, a fact is established by making inference from previously established facts:
A. Circumstantial evidence C. Corroborative evidence
B. Direct evidence D. None of the foregoing.

35. When a testimonial evidence is added to a documentary or object evidence, this is:
A. Cumulative evidence C. Material evidence
B. Circumstantial evidence D. Corroborative evidence
36. When a testimonial evidence is added to another testimonial evidence or evidence of the same kind, this
is:
A. Cumulative evidence C. Material evidence
B. Circumstantial evidence D. Corroborative evidence
37. The testimony of ten (10) witnesses supporting the innocence of the accused is:
A. Cumulative evidence C. Material evidence
B. Circumstantial evidence D. Corroborative evidence
38. The testimony of five (5) witnesses coupled with public documents and photographs is:
A. Cumulative evidence C. Material evidence
B. Circumstantial evidence D. Corroborative evidence
39. The principle of falsus in unos, falsus in omnibus may be applied to:
A. Disregard the entire testimony of a witness who had stated a convoluted narration of fact
intended to suppress the truth and deceive the court.
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B. Disqualify a witness who willfully and deliberately fabricated falsehood calculated to

create doubt in the mind of the court as to the guilt of the accused.
C. Rehabilitate a lying witness and corroborate his testimony on a material point.
D. None of the above.
40. The principle of falsus in unos, falsus in omnibus may not be applied to:
A. Disregard the entire testimony of a witness who committed innocuous and inadvertent
mistake in his narration of fact.
B. Strengthen the disqualification of a witness who is intent on telling lies and has the tendency to
deceive the court;
C. Corroborate the testimony of a witness who had experienced amnesia and could hardly
relate his perception to the court;
D. None of the above.
41. The principle of falsus in uno, falsus in omnibus is connected with the principle of:
A. Competency C. Credibility
B. Relevancy D. None of the foregoing.
42. The requisites of circumstantial evidence are the following, except:
A. There are more than one circumstance and the facts from which the inferences are derived are
proven;
B. The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt;
C. All the circumstances must be corroborated by testimonial and documentary evidence;
D. None of the foregoing.
43. A conviction based on circumstantial evidence must exclude each and every hypothesis consistent with:
A. Innocence C. Doubt
B. Guilt D. None of the foregoing.
44. Direct evidence is not indispensable to prove a crime charged. The guilt of the accused can be proved or
established beyond reasonable doubt by means of:
A. Pactum probans C. Circumstantial evidence
B. Probable cause D. Material evidence
45. A piece of evidence obtained by means of wire tapping is inadmissible in the following proceedings,
except:
A. Criminal case C. Administrative case
B. Civil case D. None of the foregoing.
46. Under the Rules on Electronic Evidence, an electronic document is the functional equivalent of a
paper-based document and shall be admissible in evidence if authenticated in the manner prescribed
under said rule:
A. Wholly true C. Partly true
B. Wholly false D. Partly false
47. The Rules of Electronic Evidence shall apply to judicial, quasi-judicial, and administrative cases,
while the Rules of Evidence apply only in a judicial proceeding:
A. Wholly true C. Partly true
B. Wholly false D. Partly false
48. The Rules of Evidence are not binding in election cases, land registration, cadastral, naturalization, and
insolvency proceedings but the Rules of Electronic Evidence shall apply to all of them:
A. Wholly true C. Partly true
B. Wholly false D. Partly false
49. The court should take judicial notice of the following, except:
A. Amnesty granted to a certain group of rebels.
B. Manila is the capital of the Philippines.
C. The law of nations.
D. The laws of China.
50. The court should take judicial notice of the following, except:
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A. Pardon granted by the President to a convict

B. Bill passed by Congress
C. Decisions of the Supreme Court
D. Executive Orders of the President
51. The following are not subjects of mandatory judicial notice, except:
A. Former President Pinoy may still marry
B. Gen. Angelo Reyes committed suicide
C. Andres Bonifacio is a National Hero
D. Former President GMA evaded justice.
52. The following are subjects of discretionary judicial notice, except:
A. The Philippines is a multi-cultural country
B. The cause of poverty is graft and corruption
C. Poverty is the cause of corruption
D. The Philippines is a corrupt country
53. The following are not subjects of discretionary judicial notice, except:
A. The Philippines is located in Southeast Asia
B. The Philippines is a democratic state
C. Rodrigo Duterte is the President of RP
D. Igorots are the most kindhearted Filipinos
54. This may be contradicted only by showing that it was made through palpable mistake or that no such
admission was made:
A. Judicial notice C. Judicial admission
B. Judicial confession D. Judicial decree
55. The declaration of an accused acknowledging his guilt of the offense charged, or any of the offenses
necessarily included therein, which may be given in evidence against him:
A. Judicial notice C. Judicial admission
B. Judicial confession D. Judicial remedy
56. An extrajudicial confession, to be a valid basis for conviction of the accused, must be coupled with:
A. Evidence of guilt C. Evidence of corpus delicti
B. Evidence of remorse D. Evidence of guilt
57. This principle states that the rights of a party cannot be prejudiced by an act, declaration or omission or
another is called:
A. Res gestae C. Res judicata
B. Res ipsa loquitor D. Res inter alios acta.
58. Two weeks after the bank robbery, Barrabas was arrested as one of the suspect. During a TV interview,
Barabas his participation in the robbery and implicated three (3) others, namely: Cayapas, Dorcas, and Engas
as his companions in planning and executing the robbery. Decide on the admissibility of Barabas statement:
A. Admissible as to him but not as against Cayapas, Dorcas, and Engas.
B. Admissible as to him and Dorcas, Cayapas, and Engas.
C. Neither admissible against him nor to the other 3 companions.
D. Not admissible against him, but admissible against the other three.
59. At the court proceeding, the public prosecutor presented Barrabas to testify against his co-conspirators.
May his testimony be admitted against Cayapas, Dorcas, and Engas?
A. No, because that will violate the rule against self-incrimination and the Res inter alios acta
rule.
B. No, because that will violate their agreement to secretly commit robbery and conceal their
identity.
C. Yes, because the other three conspirators must be convicted and thereby serve the ends of justice.
D. Yes.
60. In the preceding two numbers, Barrabas’ testimony against his co-conspirators that they are all medical
students is:
A. Relevant C. Credible
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B. Competent D. Hearsay
62. The Rule upon which the court may deny the admission of secondary evidence is:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of Law.
63. The Rule upon which the court may deny the admission of evidence aliunde or extraneous evidence is
called:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule; D. Rule of Law.
64. Under this principle, when the evidence for the prosecution is strong and sufficient in itself to produce a
moral certainty as to the guilt of the accused, the latter may be deprived of his life, liberty or property:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of Law.
65. Under this principle, when the evidence for the prosecution and that of the defense are evenly balanced, it
means the constitutional presumption of innocence in favor of the accused is not overthrown by the degree of
proof required by law, hence, the accused is entitled to:
A. Capital punishment by crucifixion or by lethal injection, whichever is painful.
B. Appointment as CEO of Government corporations or Department secretary, whichever is
higher in salary.
C. Prison sentence, which will last until accused is disciplined and reformed.
D. Acquittal from the crime charged.
66. In their contract involving the sale of a certain parcel of land, Buyer alleges that he bought from
Seller two (2) hectares as shown in their contract, but Seller claims that he sold only one hectare. The
Buyer presented in evidence a written Deed of Absolute Sale signed by him and Seller. The Seller
introduced an old original document and ten (10) credible witnesses to evidence his claim. Decide
whose evidence will prevail over the other.
A. Seller will win because the testimonies of ten (10) witnesses are corroborated by original
document.
B. Seller will win based on preponderance of evidence as he has more witnesses than Buyer.
C. Buyer will win because his testimony is more credible than that of Seller considering the fact
that based on human experience buyers are more honest than sellers.
D. Buyer will win because only the written. Deed of Absolute Sale is admissible and the
pieces of evidence presented by Seller are incompetent.
67. The basis of the answer in the next preceding question is:
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of law
68. Under the facts above (No. 71), which of the following, if any, are/is excluded?
A. Oral testimony of Seller. C. Original document
B. Oral testimony of witnesses. D. All of them must be excluded
69. Which Rule excludes those of No.82 above?
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of law
70. Suppose in No.81, the “old original document” referred to therein was subsequently executed by
Buyer and Seller and forms an integral part of their Deed of Absolute Sale. Should said document be
admitted?
A. Yes, since said document is deemed integrated into the Deed of Absolute Sale.
B. Yes, since the Deed of Absolute Sale does not express the true intent of the parties thereto.
C. No, because the integration of the said document will further obscure the contract.
D. No, because its admission will be objected to by Buyer.
71. Suppose the document referred to in Nos. 81 and 85 is not an original document but a secondary
one. Should it be admitted in evidence?
A. No, because it is incredible. C. No, because it is incompetent
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B. No, because it is irrelevant. D. Yes, because it is relevant

72. Should the document referred to in No.75 is secondary, and you believe it to be inadmissible, what
law or Rule is the basis of its exclusion?
A. Best Evidence Rule C. Equipoise rule
B. Parol Evidence Rule D. Rule of law
73. Suppose Seller has in his possession the original of their Deed of Absolute Sale and what Buyer has
is only a blurred photocopy of said written agreement, wherein the Signature and Acknowledgement
of the notary public could hardly be recognized except by the use of a microscope, and that Seller is
unwilling to furnish Buyer with the original of their written contract despite earnest request made on
him by Buyer, should the court now admit the said secondary document?
A. No, because the admission of secondary evidence is barred by the Best Evidence Rule.
B. No, because the said photocopy of the original document is vulnerable to tampering or forgery.
C. Yes, because the right of Seller will not be prejudiced because he has the original
document.
D. D. Yes, because Buyer will suffer loss and injustice if the secondary evidence will not be admitted
resulting to the defeat of his claim in court.
FACTS: X raped his minor step daughter and was caught in flagrante delicto by members of the bantay
bayan. When interrogated at the bantay bayan outpost, X extrajudicially confessed and acknowledged his
commission of the crime before the bantay bayan members without the assistance of counsel or lawyer. X
was charged in court for rape and child abuse before the court based on his extrajudicial confession of
guilt. Questions:
74. Is the uncounseled extrajudicial confession of X admissible in evidence against him?
A. Yes. There is no doubt that X had raped his minor step-daughter so he must be prosecuted and
convicted for rape and child abuse and thereby serve ends of justice.
B. Yes. The extrajudicial confession of X was made freely, voluntarily and intelligently and without
the employment of force, violence, or threat on the part of the bantay bayan members.
C. No. The extrajudicial confession of X before the bantay bayan is not admissible because it was not
corroborated by the testimony of his minor stepdaughter.
D. No. The extrajudicial confession of X is not admissible against him because it was obtained
in violation of his miranda rights for being uncounseled.
75. Suppose X volunteered to appeared before the bantay bayan outpost and without being asked by the
bantay bayan personnel he confessed freely, voluntarily, and unilaterally his commission of the rape of his
minor stepdaughter. Is his extrajudicial confession of guilt admissible in evidence against him?
A. Yes. There is no doubt that X had raped his minor step-daughter so he must be prosecuted and
convicted for rape and child abuse and thereby serve ends of justice.
B. Yes. The extrajudicial confession of X need not be counseled because it was volunteered
freely, intelligently and unilaterally without the being asked of it by the bantay bayan
members.
C. No. The extrajudicial confession of X before the bantay bayan is not admissible because it was not
corroborated by the testimony of his minor stepdaughter.
D. No. The extrajudicial confession of X is not admissible against him because it was obtained in
violation of his miranda rights for being uncounseled.

FACTS: When the police officers conducted their routine patrol in an area identified as “hot spot,” they found
A lying half dead and with blood oozing from his belly. A could hardly talk when the police officers asked him
as to the cause and circumstances surrounding his injury. On their way to the hospital and with fear that he might
not survive his fatal wound, A shouted and called the name of his wife Sharon and said, “Sharon, X stabbed me
while I was asleep” and A expired after uttering said word. QUESTIONS:
76. Is the statement of A qualified as a dying declaration?
A. Yes. A was dying and under the consciousness of an impending death when he uttered the word,
“X stabbed me when I was asleep.”
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B. Yes. The statement should be treated as a dying declaration, otherwise, there will be no evidence
available to convict the accused and he will go unpunished for his heinous crime.
C. No. A was not a competent witness because he was asleep when he was stabbed. The possibility of him
having seen X stabbed him is very improbable since his senses were not functioning when he was
asleep.
D. No. A was still alive and might possibly have survived the fatal wound had he not shouted when he was
being brought to the hospital for immediate treatment.
77. What about if A is a blind man and X is stranger to him, is his statement be considered a dying declaration?
A. Yes. A was dying and under the consciousness of an impending death when he uttered the word, “X
stabbed me when I was asleep.”
B. Yes. The statement should be treated as a dying declaration, otherwise, there will be no evidence
available to convict the accused and he will go unpunished for his heinous crime.
C. No. A is not a competent witness because he could not have possibly perceived X when he was
stabbed since he is blind and was asleep and that he is not familiar with the suspect’s identity.
D. No. There was no evidence whether A was under the consciousness of an impending death when he
uttered the word.
78. What about if A miraculously survived and did not die, is his statement be considered a dying declaration?
A. Yes. Even if A survived the statement he uttered when he was dying is still qualified as a dying
declaration.
B. Yes. A’s statement is still considered a dying declaration because he almost died when he uttered the
statement and it is only by miracle that he survived.
C. No. A’s statement cannot be considered a dying declaration because he can appear and testify in court
because he is alive and not dead.
D. No. A dying declaration is an exception to the hearsay rule and it is allowed only when the declarant is
already dead.
79. Suppose A is of the belief that he will survive the fatal wound but he died right away, is his statement be
considered a dying declaration?
A. Yes. Even if A believed that he will survive, the statement he uttered when he was dying is still
qualified as a dying declaration.
B. Yes. A’s statement is still considered a dying declaration because it is only by miracle that he did not
survive.
C. No. A’s statement cannot be considered a dying declaration because the element of belief or
consciousness of an impending death is not present.
D. No. A dying declaration cannot be considered as an exception to the hearsay rule when the declarant
was alive when he made or uttered the declaration.
80. Suppose A was convicted of perjury a day before he made or uttered the said declaration as to the cause and
circumstances of his injury, is his utterance of the word “Sharon, X stabbed me while I was asleep” be
considered a dying declaration?
A. Yes. Even if A believed that he will survive, the statement he uttered when he was dying is still
qualified as a dying declaration.
B. Yes. A is a competent witness because his conviction of perjury will not disqualify him as a witness in a
criminal case.
C. No. The conviction of A for perjury indicates that he still tells a lie even if under oath. Hence, A’s dying
declaration is not credible.
D. No. A’s conviction for perjury does not only affect his credibility but also his competency. Hence,
A’s dying declaration should not be admitted.

FACTS: One evening, a burst of gunshots echoed around the premises of a dormitory. The occupants heard A
and B shouting in unison, “Kapithahay, saklulo! Binaril ni X si tatay!” One of the dormitory occupants, D,
called on the police station for immediate assistance. F, G, H, and I rushed to the scene and found R bathed with
his own blood. They immediately carried him down the stairs, flagged down a taxi driven by E, and brought him
to a hospital. In the ER, R shouted saying, “Y, anoman ang mangyari sa akin, babalikan kita.” Meanwhile, the
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alarmed neighbors saw X, Y, and Z running towards the road and they chased them but unable to arrest them
because a tricycle driven by W fetched them and sped away. The by-standers C and F recognized the identity of
the suspects and the plate number of the tricycle. They heard W asked X, Y, and Z , “did you accomplish your
mission?” And they said, “Yes, kaso lang nadamay ang dalawa nyang anak, maingay sila kasi.” When the police
officers arrived and searched the premises, they found the dead bodies of A and B strangled in their own room,
and recovered three (3) capsules of .45 cal. bullet and the slugs embedded in the pillows and bed sheets in the
room where R was shot. In the investigation, it was established that the bullet slugs which pierced the chest of
the victims match the bore of the pistol issued by the PNP to SPO1 W and the tricycle is registered in the name
of V. QUESTIONS:

81. Who are the victims in the crime committed?

A. X, Y, Z, V.
B. F, G, H, I.
C. D, E, W.
D. A, B, and R.
82. Who are the possible suspects in the commission of crime?
A. A, B, C, D, E.
B. R, F, G, H.
C. V, W, X, Y, Z.
D. X only.
83. Who are the possible witnesses in the commission of the crime?
A. D, E, F, G, H, I
B. V, W, X, Y, Z.
C. Both letters “A” and “B.”
D. A, B, and R only.
84. What is the minimum amount of evidence or the evidentiary basis for the filing of complaint against the
named suspects?
A. Clear and conclusive evidence.
B. Probable cause.
C. Substantial evidence.
D. Proof beyond reasonable doubt.
85. In the presentation of prosecution’s evidence in chief, the public prosecutor presented C, D, E, F, G, H, and I
as witnesses for the prosecution. The defense objected to their testimony on the ground of hearsay because,
accordingly, the named witnesses were not present in the crime scene and did not see the commission of the
crime. Is the contention of the defense tenable?
A. Yes. Those named witnesses are incompetent because they have no personal knowledge since they
did not see the commission of the crime.
B. Yes. Those named witnesses are incredible because their testimony is self-serving as they have
personal interest in the prosecution of the crime.
C. No. Their testimony, though hearsay, is admissible as part of res gestae.
D. No. Their testimony, though hearsay, is necessary in order to bring the perpetrators to the bars of
justice, otherwise, they will go unpunished for their heinous crime.
86. The defense objected to the presentation of the empty shells, bullet slugs, and cigarette butts as object
evidence on the ground of competency because they were taken and recovered from the house of the victim
without search warrant. May the objection to the admission of those object evidence be sustained?
A. Yes. Those pieces of object evidence are fruits of a poisonous tree because they were taken from the
house without search warrant.
B. Yes. Those pieces of evidence are incompetent because they were not properly authenticated since the
accused deny their ownership of them.
C. No. The objection cannot be sustained because the purpose of the defense is merely to derail the
wheels, and frustrate the ends, of justice.
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D. The objection has no legal basis. The search of the house was in line with crime investigation
and that the accused are not the proper party to question the absence of a warrant.
87. What, if any, is the verbal act as part of res gestae in the instant case?
A. The excited utterance of A and B, shouting “Kapithahay, saklulo! Binaril ni X si tatay!”
B. The communication consisting of question and answer between W and X, Y, and Z.
C. The empty shells, bullet slugs, and tie wire.
D. The acts of X, Y, and Z in fleeing from the crime scene.
88. What, if any, is the spontaneous statement as part of res gestae in the instant case?
A. The excited utterance of A and B, shouting “Kapithahay, saklulo! Binaril ni X si tatay!”
B. The communication consisting of question and answer between W and X, Y, and Z.
C. The empty shells, bullet slugs, and tie wire.
D. The acts of X, Y, and Z in fleeing from the crime scene.
89. What is the kind of evidence available for the prosecution that will link the killing or death of A and B to the
acts of the suspects W, X, Y, and Z?
A. Direct evidence.
B. Circumstantial evidence.
C. Preponderance of evidence.
D. Clear and conclusive evidence.
90. What is the possible direct evidence available for the prosecution that will link the killing or death of Tatay R
to the acts of the suspects W, X, Y, and Z?
A. The excited utterance of A and B.
B. The verbal acts of W and X, Y, and Z.
C. The empty shells, bullet slugs, and tie wire.
D. The acts of X, Y, and Z in fleeing from the crime scene.
91. What is the amount of evidence required for the issuance of warrant of arrest against the accused?
A. Probable cause C. Substantial evidence
B. Proximate cause D. Moral certainty
92. What is the amount of evidence required by law for the conviction of V, W, X, Y, and Z?
A. Proof without any doubt C. Substantial evidence
B. Clear and conclusive proof D. Proof beyond reasonable doubt
93. Before the TV camera, Y unilaterally and voluntarily confessed his participation in the felony and implicated
V, W, X, and Z as his fellow conspirators and perpetrators of the felony. The extrajudicial confession of Y is:
A. Inadmissible in evidence against himself but admissible against his fellow accused.
B. Inadmissible in evidence against his fellow accused but admissible against himself.
C. Inadmissible in evidence against himself and all the other accused.
D. Admissible in evidence against himself and all the other accused.
94. The extrajudicial confession of Y is inadmissible in evidence against the other accused because:
A. It violated the constitutional right of the accused to be presumed innocent until the contrary is proved
beyond reasonable doubt.
B. It violated the right of the accused against bill of attainder as they are adjudged guilty by the public
without judicial trial.
C. It violates the right of the other accused under the res inter alios acta rule.
D. It violates the constitutional rights of the accused to be informed of the nature and cause of the
accusation against them.
95. The verbal act as part of res gestae, in order to produce the quantum of proof required by the Constitution for
conviction, must be added and considered together with the other pieces of admissible evidence because it cannot
stand alone as basis for conviction. This process of knitting together different set of facts or circumstances and
make an inference from them is called:
A. Direct evidence C. Clear and convincing evidence
B. Circumstantial evidence D. Substantial evidence
101. This circumstance is needed to be proved in the crime of concubinage.
A. If the man is legally married C. If the mistress is kept outside the family home
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B. f the mistress is a relative D. If the mistress is a virgin

102. The issue above is a question of _______________________.
A. Fact c. Evidence
B. Law d. Circumstance
103. It means dwelling together as husband and wife.
A. Cohabit C. Marriage
B. Live-in D. Joint household
104. They should be objected to at the time they are being offered in court.
A. Oral Evidence C. Documentary Evidence
B. Expert Evidence D. Testimonial Evidence
105. To appreciate this evidence, it is always a question of logic and experience.
A. Real Evidence C. Objective Evidence
B. Relevant Evidence D. Material Evidence
106. Pieces of evidence whose admission are prohibited by law.
A. Incompetent Evidence C. Unreal evidence
B. Inadmissible evidence D. None of these
107. Which among the following may be considered as subjects requiring expert opinion?
A. Medical science C. Recovered bullet
B. All of these D. None of these
108. This kind of question prompts the witness to give an answer the examiner wants to hear.
A. Leading question C. Misleading question
B. Compound question. D. General questions
109. A question which is made up of two or more queries connected by conjunctions.
A. Compound question C. Leading question
B. Misleading question D. General question
110. What must be established, in addition to sexual intercourse in cases of rape?
A. Use of force or intimidation by the offender C. Sterility of the offender
B. Absence of consent on the part of the victim D. All of the foregoing
111. It refers to oral or written statements made by the litigants in the course of judicial proceedings.
A. Judicial Notice C. Judicial admissions
B. Judicial confessions D. Pleadings
112. This kind of evidence results in the greatest certainty of the fact in question.
A. Primary or best evidence C. Conclusive evidence
B. Secondary evidence D. Competent evidence
111. Marital disqualification may apply, except:
A. The spouses are legally married C. The wife is a party to the case
B. The husband is a party to the case D. It involves civil cases between the spouses
112. Refers to matters which are learned in confidence.
A. Private communication C. Dying declaration
B. Privilege communication D. Confidential communication
113. The following are the requisites for the disqualification based on attorney-client privilege,
except______________________________.
A. Existence of an attorney client relation
B. Communication was made in the course of professional employment
C. No consent was given by the client to the attorney testifying thereon
D. None of the above
114. When may a descendant be compelled to witness against his parents or grandparents?
A. A crime filed by his parents or ascendants against him
B. A criminal case by one the parent against the other
C. A criminal case by one grandparent against another
D. All of the foregoing
115. An agreement made between two or more parties as a settlement of matters in question.
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A. Compromise C. Plea bargaining

B. Stipulation D. Contract
116. In admission by third party, the rights of a party cannot be prejudiced by an act, declaration
or omission of another, except:
A. Admission by a co-partner/joint owner or debtor C. Admission by co-conspirator
B. Admission by agent or privies D. None of the foregoing
117. A dying declaration may be admissible as evidence in criminal cases, except:
A. Imminent death but the declarant is conscious of facts
B. The declaration must concern the crime regarding the declarant’s death
C. The declarant is a competent witness and the declaration is offered in a criminal case wherein the
declarant’s death is subject to inquiry.
D. None of the above
118. A witness of the adverse party may be impeached except:
A. By a contradictory evidence.
B. By evidence of his general reputation and integrity, and conviction of a crime involving moral
turpitude.
C. By evidence of other statements made by the witness which are inconsistent with his present
statement.
D. None of the above.
119. Refers to official entry of the proceedings in the court of justice.
A. Judicial Notice C. Judicial Record
B. Blotter D. Official Record
120. When may circumstantial evidence be sufficient to obtain conviction?
A. There is more than one circumstance
B. The facts from which the inference is derived were proven.
C. The concurrence of all the circumstances establish proof beyond reasonable doubt.
D. All of the foregoing.
121. Which among the following may be used as evidence in judicial proceeding?
A. Privileged conversation C. Dying declaration
B. Filial privilege D. Parental privilege
122. In PD 1612, the possession of the stolen goods is:
A. Evidence against the accused
B. Means that the accused is not the owner
C. Means that the accused is an accessory to the crime
D. Prima facie evidence of fencing
123. Occurs when the evidence adduced proves the disputed fact.
A. Cumulative C. Corroborative
B. Circumstantial D. Relevant
124. Evidence of this kind is those which are capable of perception.
A. Testimonial C. Corroborative
B. Real D. Material
125. A priest may not be able to testify on pertinent matters to the case if said conversation
or facts relates to that told in the confession made by the __________________.
A. Penitent C. Patient
B. Client D. Secretary
126. Who among the following are automatically disqualified to take the witness stand?
A. Sick persons C. Children
B. Homosexuals and lesbians D. Persons convicted of perjury
127. This is a rule of evidence which applies in the determination of genuine documents.
A. Real evidence C. Best evidence
B. Secondary evidence D. Res gestae
128. Legal fitness of a witness to be heard in open court on the trial.
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A. Admissibility C. Competency
B. Qualification D. Eligibility
129. The following are reasons for excluding hearsay in court, except_________________.
A. Absence of cross examination C. Absence of oath
B. Absence of demeanor D. Absence of investigation
130. A duplicate receipt signed and carbon copied at the same time is in terms of its
evidentiary value is deemed as.
A. Duplicate C. Original
B. Authentic D. Genuine
131. Exemption to the hearsay rule made under the consciousness of the impending death.
A. Parol evidence C. Ante mortem statement
B. Dead man statute D. Mi ultimo adios
132. The following are the requisites for the qualification of a child witness, except:
A. They understand the obligation of the oath.
B. They have not reached the age of discernment.
C. They must have sufficient knowledge to receive just impressions as to the facts on which testify.
D. They can relate those facts to the court at the time they are offered as witness.
133. The degree of proof which produces in the mind of an unprejudiced person that moral certainty or moral
conviction that the accused did commit the offense charged.
A. Ultimate fact C. Proof beyond reasonable doubt
B. Preponderance of evidence D. Substantial evidence
134. Circumstantial facts and declarations incidental to the main fact; means things done.
A. Factum probandum C. Res gestae
B. Factum probans D. Onus probandi
135. A person who gives testimonial evidence to a judiciary tribunal.
A. Witness C. Prosecution
B. Defense D. Clerk of Court
136. In this sort of action, a person merely acknowledges certain facts but does not admit
his guilt.
A. Testimony C. Admission
B. Confession D. Extra-judicial confession
137. A categorical statement which admits one’s guilt before a competent tribunal is classified as:
A. Privilege communication C. Judicial admission
B. Judicial confession D. Extra-judicial confession
138. Any evidence whether oral or documentary wherein probative value is not based on personal knowledge of
the witness but that from another.
A. Testimonial evidence C. Dying declaration
B. Res Gestae D. Hearsay
139. The family history or descent of an individual.
A. Pedigree C. Inheritance
B. Tradition D. Heritage
140. Obligations imposed upon a party to establish his allegation of fact by the required amount of proof is
termed as “burden of proof.” What is its Latin translation?
A. Factum probans C. Factum probandum
B. Onus probandi D. Owes probandi
141. The probative value given by the court to particular evidence.
A. Preponderance of evidence C. Evidentiary fact
B. Ultimate fact D. Weight of evidence
142. A degree of proof below that of proof beyond reasonable doubt, which when taken in its entirely is
superior to that of another.
A. Clear and convincing evidence C. Moral certainty
B. Preponderance of evidence D. Weight of evidence
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143. The body of a crime.

A. Corpus delicti C. Autoptic evidence
B. Real evidence D. Physical evidence
144. Which among the following is not part of the judicial rule for sufficiency of circumstantial
evidence to convict the accused?
A. There is more than one circumstance.
B. The facts from which the inference are derived must be proved.
C. The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt.
D. It must of judicial recognizance.
145. Minimum number of witness or witnesses required in rape cases to secure a conviction.
a. 1 b. 2 c. 3 d. None
146. Presumption which the law makes so preemptory that it will not allow them to be reversed by any
contrary evidence.
A. Presumption C. Disputable presumption
B. Conclusion D. Conclusive presumptions
147. Logical necessity which rests upon a party at any particular time during the trial to create a prima facie
case in his own favor or to overthrow one created against him.
A. Res gestae C. Burden of evidence
B. Burden of proof D. Estoppel
148. It is a bar which precludes a person from denying or asserting anything contrary to established truth.
A. Res gestae C. Estoppel
B. Burden of proof D. Burden of evidence
149. These questions suggest to the witness the answers to which an examining party desires.
A. Leading C. Misleading
B. Estoppel D. Res Gestae
150. A writing, act or record of acts of a sovereign authority or private writing acknowledged
before a notary public.
A. Public document C. Official document
B. Private document D. Official record
151. Which among the following is not a qualification of a witness?
A. Capacity of observation C. Capacity of knowledge
B. Capacity of recollection D. Capacity of communication
152. What would overturn an alibi and denial in a hearing?
A. Testimony C. Proof
B. Evidence D. Positive identification
152. Prescribes the governing rules on evidence?
A. Revised Penal code C. Rule of Criminal Procedure
D. Constitution D. Rules of Court
153. Factum probans means:
A. Evidentiary fact C. Preponderance of evidence
B. Ultimate fact D. Weight of evidence
154. Evidence which has some relation to what is sought to be proved.
A. Relevant C. Competent
B. Material D. Admissible
155. It affects an issue in an important or substantial matter.
A. Relevant C. Competent
B. Material D. Direct
156. These are the requisites of admissibility of evidence:
A. Relevant and competent C. Material and logical
B. Competent and credible D. Direct and positive
157. Refers to an evidence of the same kind adduced to prove the same fact.
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A. Real C. Corroborative
B. Cumulative D. Circumstantial
158. Additional evidence of a different kind but tending to prove the same fact.
A. Real C. Corroborative
B. Cumulative D. Circumstantial
159. Oral testimony given in open court.
A. Real evidence C. Testimonial evidence
B. Documentary evidence D. Admission evidence
160. Evidence delivered in open court wherein the witness states that he does not know whether a fact did or
did not occur.
A. Positive C. Negative
B. Direct D. Circumstantial
161. Evidence which is sufficient to prove an issue unless overcome or rebutted by other pieces of evidences.
A. Primary C. Secondary
B. Prima Facie D. Best
162. Given by a person of specialized knowledge in some particular field.
A. Primary evidence C. Secondary evidence
B. Best evidence D. Expert evidence
163. The kind of evidence which cannot be rebutted or overcome.
A. Primary evidence C. Real evidence
B. Best evidence D. Conclusive evidence
164. Cognizance of certain facts which judges may properly take as fact because they are already known to them.
A. Cognizance C. Judicial Admission
B. Judicial Knowledge D. Judicial Notice
165. One which assumes as true a fact not yet testified to by the witness, or contrary to that which he has
previously stated.
A. Leading C. Misleading
B. Confusing D. Deceiving
166. In case of falsification of document what would be the best evidence?
A. Authentic document C. Holographic document
B. Questioned document D. Genuine document
167. When a witness affirms that a fact did or did not occur, such testimony is said to be:
A. Relevant Evidence C. Material Evidence
B. Positive Evidence D. Negative Evidence
168. Which among the following may not be a means to impeach a judicial record?
A. Want of jurisdiction in the court or judicial officer
B. Collusion between the parties
C. Fraud in the party offering the record
D. Alterations
169. What is meant by demurrer to evidence?
A. Motion to dismiss C. Plea to dismiss
B. Motion to inhibit D. Motion to postpone
170. Private documents are proved by:
A. Testimony of the one who made the writing
B. Testimony of anyone who saw the execution of the writing
C. Evidence of the genuineness of the handwriting of the writer
D. Both B and C
171. Which among the following may be used to prove the handwriting of a person
in open court?
A. Secretary of the accused for 20 years
B. A questioned document examiner
C. Friend and co-employee of the accused for more than 20 years
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D. Any of the foregoing

172.Under the rules, a judicial record may be impeached by:
A. Evidence of fraud in the party offering the record with respect to the proceedings.
B. Evidence of collusion between the parties in the proceedings.
C. Evidence of want of jurisdiction in the court or judicial officer with respect to the
proceedings.
D. Any of the foregoing.
173.When can the adverse party object to any testimonial evidence?
A. After the testimony of the witness
B. After the direct examination of the witness
C. During the cross examination
D. At any time and as soon as the grounds therefore become reasonably apparent
174.Several documentary evidences were not formally offered at the hearing
of the case, this would;
A. Be of no bearing since it is related an important with the case at hand.
B. Prompt the court to accept it.
C. Prompt the court to exclude the same from the record.
D. Prompt the court to issue a subpoena.
175. Who among the following may give intelligible answers as witnesses?
A. A registered voter C. A child of tender age
B. A feebleminded person D. A deaf mute person
176. When may a party impeach his own witness?
A. In case of a hostile witness
B. When the witness is not voluntarily offered but required by law to be presented by the proponent.
C. Where the witness is the adverse party or the representative of a juridical person which is the
adverse party.
D. Any of the foregoing
177. The following are means of impeaching a witness of the adverse party, except:
A. In case of a hostile witness
B. By contradictory evidence
C. Evidence that his general reputation for truth or integrity is bad.
D. Inconsistencies of statements made with respect to the testimony.
178. These are testimonies which are read and submitted as evidence provided that the deponent is dead or
cannot testify or outside the country.
A. Deposition C. Testimonial evidence
B. Oral testimony D. Extrajudicial statements
179. The following are factors required to qualify a person as an expert witness, except:
A. Extensive Training and Education
B. Particular first hand familiarity with the facts of the present case
C. Of legal age
D. Presentation of the authorities on which his opinions are based.
180. Which kind of evidence does the best evidence rule apply?
A. Testimonial evidence C. Documentary evidence
B. Real evidence D. Hearsay evidence
181. Which of the following does the rule on filial privilege apply?
A. The wife who is willing to testify against the husband.
B. The son who refuses to testify against his father.
C. The daughter who is thrilled at testifying against her mother.
D. The husband who has no trust on the fidelity of the wife.
182. Which of the following does the rule on marital disqualification apply?
A. The wife who is willing to testify against the husband.
B. The son who refuses to testify against his father.
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C. The daughter who is thrilled at testifying against her mother.

D. The husband who has no trust on the fidelity of the wife.
183. Which of the following does the rule on privilege communication rule apply?
A. The wife who saw the husband robbed a bank.
B. The son who refuses to testify against his father.
C. The daughter who dislikes her sister.
D. The husband who heard the confession of the wife during their private moment.
184. Which of the following does the res inter alios acta rule apply?
A. Inculpatory extrajudicial confession of third party implicating another.
B. Exculpatory extrajudicial confession of a third party favoring another.
C. Incriminatory judicial confession of a third party implicating another.
D. Exculpatory judicial admission of an accused.

Prepared by: Reviewed by: Approved by:

GALAO G. LOMIOAN, AB; LLB. TROFIMA PANGONILO, ED. D. JOSSETTE Y

PEREZ-DAEZ, RN.
Classroom Teacher V.P. Academics School President