PRELIM EXAM EVIDENCE

1. What is the means sanctioned by the rules of court of ascertaining in judicial

proceeding the truth respecting a matter of fact?
A. Evidence C. Proof
B. Law D. Statement
2. What is the result of evidence?
A. Evidence C. Proof
B. Debate D. Judgment
3. What is the ultimate fact or fact in issue to?
A. Factum probandum C. Factum proban
B. Evidence D. Proof
4. What classification of evidence is directly addressed to the senses and consist of
tangible things exhibited in court?
A. Circumstantial C. Real
B. Documentary D. Testimonial
5. The FOLLOWING are requisites for admissibility of evidence in court, except.
A. relevancy C. competency
B. materiality D. None of the above
6. Evidence is ________whenever the witness affirm that a fact did or did not occur at a
particular occasion material to the issue
A. Positive C. Negative
B. Cumulative D. Corroborative
7. What evidence gives greatest certainty as to the truth respecting a fact in issue?
A. Conclusive evidence C. Primary evidence
B. Prima facie evidence D. Secondary evidence
8. What evidence is directly address to the senses of the court? When an object is
relevant to the fact in issue, it may be exhibited examined and viewed by the court?
A. Real evidence C. Primary evidence
B. Conclusive evidence D. Documentary evidence
9. What is the proof of facts from which, taken collectively the existence of the
particular fact in dispute may be inferred as necessary or probable consequence.
A. Substantial evidence C. Direct evidence
B. Circumstantial D.Credible evidence
10. What evidence is given by a prosecution to overcome or contradict facts already
given?
A. Rebuttal evidence C. Conclusive evidence
B. Sur rebuttal evidence D. substantial evidence
11. What evidence is consist of writing or any ,material containing letters ,words and
other written expression offered as proof of their content
A. Brief C. Record
B. Documentary D. report
12. This admission occurs when a person manifest his assent to the statements of
another person.
A. Express admission C. Implied admission
B. Extra judicial admission D. Adoptive admission
13. Strictly speaking, it means the actual commission of the crime and someone
criminally responsible therefore.
A. Alibi C. Deposition
B. Interrogatories D. Corpus delicti
14. Real evidence is address to
A. The senses of the court C. The opinion of an expert
B. The lawyer propounding the question D. The clerk of court
15. When object is relevant to the fact in issue, the following, except one must be done?
A. Exhibited C. Examined
B. Viewed D. Authenticated
16. Which among the following Major kinds of evidence is the evidence of the highest
order?
A. Documentary evidence C. Testimonial evidence
B. Object evidence D. Conclusive evidence
17. If private document is offered and admitted to prove its existence, condition or for
any purpose other than the content of the document, the same is considered ______
A. Documentary evidence C. Object evidence
B. Testimonial evidence D. Circumstantial evidence
18. It is an evidence which standing alone, unexplained or contradicted, is sufficient to
maintain the proposition affirmed.
A. Direct C. Prima facie
B. Positive D. Real
19. When an evidence is illegally obtained which makes it inadmissible to the court of
justice .this is called as
A. forum shopping C. Rule of exclusion
B. Exclusionary rule D. Fruits of the poisonous tree
20. It is any statement of fact made by a party against his interest or unfavourable to the
conclusion for which he contends or is inconsistent with the facts alleged by him.
 A. Admission C. Declaration
B. Confession D. Information
21. It refers to identical confession of several accused without collusion.
A. Extra interlocking confession C. Extra judicial confession
B. Interlocking confession D. Judicial confession
22. What type of confession is one made in any other place or occasion and cannot
sustain a conviction unless corroborated by evidence of the corpus delicti . This is
binding only upon himself and is not admissible against his co accused.
A. Extra interlocking C. Interlocking
B. Extra judicial D. Judicial
23. What doctrine means that if the testimony of the witness in material issue is willfully
false and given with intention to deceive, the jury may disregard all the witness
testimony.
A. Res ipsa loquitor C. Falsa demonstratio non nocet
B. Res inter alios acta D. Falsus in uno falsus in omnibus
24. For this evidence to prosper, two requisites must concur 1.the presence of the accuse
in another place at the time of the commission of the offense and 2 the physical
impossibility for him to be at the scene of the crime at the time of its commission.
A. Alibi C. Self defense
B. Frame up D. Positive identification
25. It refers to a situation where incompetent evidence was erroneously received by the
court despite objection from the other party.
A. Multiple admissibility C. Conditional admissibility
B. Curative admissibility D. Sole admissibility
26. What doctrine refers to a situation where the evidence of the parties are evenly
balanced or there is doubt on which side the evidence preponderates ,in this case the
decision should be against the party with the burden of proof .
A. doctrine of pro reo C. equiponderance doctrine
B. independent relevant statement D. substantial evidence
27. It means greater or superior weight of evidence .it is the evidence that is more
convincing and more credible than the one offered by the adverse party.
A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Substantial evidence D. Clear and convincing
28. Amount of relevant evidence which a reasonable mind might accept as adequate to
support its conclusion.
a. Proof beyond reasonable doubt c. preponderance of evidence
b. Substantial evidence d.object evidence
29. Proof applies to cases filed before administrative or quasi-judicial bodies.
A. Preponderance of evidence C. Substantial evidence
B. Proof beyond reasonable doubt D. Clear and convincing evidence
30. It is the cognizance of certain fact which judges may properly take and act upon
without proof.
A. Collateral matter C. Judicial admission
B. Judicial notice D. Judicial confession
31. What quantum of proof is required in criminal case ?
a. Proof beyond reasonable doubt c. substantial evidence
b. Preponderance of evidence d.clear and convincing evidence
32. The court is mandated to take judicial notice
A. There is crisis in pre-need industry.
B. Before reaching a station ,buses slow down and the conductor announces the
name of the station
C. That the Cebu lies in Visayan Region
D. The principle in fingerprint that no two persons having the same fingerprints
33. Which among the following is mandatory judicial notice?
A. Matter of public knowledge
B. Ought to be known to judges by reason of judicial function.
C. Capable of unquestionable demonstration
D. The geographical division
34. It is an admission, verbal or written made by a party in the course of the proceeding
in the same case.
A. Extra judicial admission C. Judicial admission
B. Judicial confession D. Extra judicial confession
35. Which of the following can contradict judicial admission?
A. They were made through palpable mistake C. No such admission was made
B. They were made through negligence D. Both a and c E.
All of these
36. What doctrine presumed that foreign law will be the same as the laws of the
jurisdiction hearing the case?
A. Equipoise doctrine C. Doctrine of processual
presumption
B. Falsa demonstratio non nocet D. Doctrine of negativing avernment
37. This court should also take judicial notice of municipal ordinance in force in the
municipalities within their jurisdiction but only when so required by law.
A. MTC C. RTC
 B. CA D. SB
38. It is the declaration of an accused acknowledging his guilt of the offense charged. Or
of any offense necessarily included therein.
A. Admission C.Deposition
B. Confession D.Declaration
39. It is one which may be inferred from the declaration or acts of a person.
A. Express admission C. Implied admission
B. Judicial admission D. Extra judicial admission
40. It is the positive statement or act of the accused
a. Express admission c. implied admission
b. Judicial admission d. extra judicial admission
41. What evidence is admissible in best evidence rule?
A. The content of the writing C. The evidence aliunde
B. The original of the document D. The copy of a writing
42. What rule is applicable to all forms of contractual writing except the last will and
testament?
A. Best evidence rule C. Hearsay rule
B. Opinion rule D. Parole evidence rule
43. The following are exception to the best evidence rule except.
A. When the original has been lost or destroy.
B. when the original is a public record in the custody of public officer or recorded in
public office
C. When the original is in custody or under the control of the party against whom the
evidence is offered and the latter fail to produce it with or without notice
D. When the original consist of numerous account or other document which cannot
be examined in court without great lots of time and the fact sought to be
established from them is only the general result of the whole
44. What is the secondary evidence when the original is public record in the custody of
public officer or recorded in public office?
A. Copy C. Summary
B. Certified true copy D. Recital
45. What is not considered an original of document?
A. An entry repeated in the course of business, one being copied from another at or
near the time of the transaction.
B. A carbon copy of an application form
C. A document executed in triplicate at or about the same time with identical
contents
D. None of the above
46. In absent of the original, what secondary evidence may present in court if the copy is
not available?
A. Testimony of witness C. Recital
B. Xerox copy D. Summary
47. What is a rule which forbids any addition to or contradiction of the terms of a written
instrument by testimony purporting to show that, at or before the signing, of the
document, other or different terms were orally agreed upon by the parties.
A. Best evidence rule C. Original of document
B. Parole evidence rule D. Secondary evidence.
A.
48. What rules states that, when the subject of inquiry is the content of document, No
evidence is admissible other than the original document itself.
A. Authenticated evidence C. Genuine evidence
B. Best evidence D. Parole evidence
49. The testimony of the prosecution witness claiming that they saw that it was actually
the deceased who attacked the accused without the latters provocation is a.
a. Direct evidence c.Circumstantial evidence
b. Cumulative evidence d. Corroborative evidence
50. The testimony of the prosecution witness claiming that he was inside his house when
he heard a shout asking for help when he went out he saw A running away from the
place where B was found dead , that A was carrying a bolo with blood stained .and
his t-shirt also stained with blood. taking all these circumstances together constitute
what kind of evidence?
a. Direct evidence c.Circumstantial evidence
b. Cumulative evidence d.Corroborative evidence

ESSAY:
1.Distinguish evidence to proof 5 pts. 3 pts.
2. Distinguish factum probans to factum probandum 3 pts
3. When evidence is admissible in court? 4 pts.
4. The testimony of the prosecution witness claiming that he saw that it was actually the
deceased who attacked the accused without the latter‘s provocation. What kind of evidence
is these? Why? 5 pts.
5. the medico legal certificate describing the injuries to have been caused by a sharp
pointed instrument supports the statement that the accused used a knife to stab the victim,
What kind of evidence is these? Why? 5 pts.