EVIDENCE
EVIDENCE
CLJ 5
CRIMINAL EVIDENCE
QUESTIONS
1. A kind of evidence that can prove the fact in issue without the aid of any inference or
presumption.
A. Direct Evidence
B. Secondary Evidence
C. Primary Evidence
D. Relevant Evidence
2. A kind of evidence which is incontrovertible or that which cannot be controverted or overturned
by contradicting evidence.
A. Relevant Evidence
B. Competent Evidence
C. Conclusive Evidence
D. Corroborative Evidence
3. It is a kind of document that is a counterpart produced by the same impression as the original, or
from the same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic recording, or by chemical reproduction, or by other equivalent techniques
which reproduce the original.
A. Original Document
B. Duplicate Document
C. Secondary Document
D. Primary Document
4. It means oral or testimonial evidence or evidence by words of mouth.
A. Secondary Evidence
B. Testimonial Evidence
C. Parole Evidence
D. None of the above
5. It refers to the act of declaration or omission of a party as to a relevant fact in issue. The
voluntary acknowledgement by express terms or by implication of the existence or truth of a fact in
issue.
A. Admission
B. Confession
C. Hearsey
D. Statement
6. It is an evidence which is not based on personal knowledge but just obtained from another
person.
A. Admission
B. Statement
C. Confession
D. Hearsey
7. The duty of a party to present evidence on the facts in issue necessary to establish his or her
claim or defense by the amount of evidence required by law.
A. Burden of Proof
B. Burden of Evidence
C. Conclusive Presumptions
D. Disputable Presumptions
8. One which assumes as true a fact not yet testified to by the witness, or contrary to that which he
or she has previously stated.
A. Impeachment
B. Leading Questions
C. Misleading Questions
D. Presumptions
9. A classes of documents that are written in official acts, or records of the sovereign authority.
A. Public Document
B. Private Document
C. Ancient Document
D. Public Record
10. The act of informing the court that the evidence or exhibit in inadmissible.
A. Objection
B. Impeachment
C. Inadmissible
D. Decline
11. It is required or allowed amount of evidence to prove a claim or defense.
A. Weigh of Evidence
B. Sufficiency of Evidence
C. Reasonable Doubt
D. Quantum of Evidence
12. This is the kind of evidence needed for a party wot win in Civil Case.
A. Poof Beyond Reasonable Doubt
B. Preponderance of Evidence
C. Circumstantial Evidence
D. Evidence
13. This is the kind of evidence required before an administrative or quasi-judicial bodies in
Administrative Case.
A. Substantial Evidence
B. Proof Beyond Reasonable Doubt
C. Circumstantial Evidence
D. Evidence
14. This is the kind of evidence required in Criminal Case to convict an accused.
A. Preponderance Evidence
B. Evidence
C. Proof Beyond Reasonable Doubt
D. Substantial Evidence
15. The examination in chief of a witness by the party presenting him or her on the facts relevant
to the issue.
A. Direct Examination
B. Cross Examination
C. Re-direct Examination
D. Re-cross Examination
16. Under the rules of evidence, an object presented to court proceeding as exhibition is called
A. Prima Facie Evidence
B. Real Evidence
C. Documentary Evidence
D. Material Evidence
17. If an accused refused to plead or make a conditional plea of guilty, what shall be entered for
him
A. Plea of not Guilty
B. Plea of Guilty
C. Plea of Mercy Surrender
D. Plea of Something
18. In order for the prosecutor who conducted the preliminary investigation in a criminal case can
file an information with the court, the needed evidence is
A. Prima Facie
B. Proof Beyond Reasonable Doubt
C. Probable Cause
D. Testimonial
19. When is evidence presented in court for admissibility considered relevant to the issue
A. When it is not excluded by the law
B. When it has a direct bearing and actual connection to the facts and issue
C. When it is not immoral
D. When it is competent
20. What rule is observed when generally, there can be no evidence of a writing, the contents of
which is the subject matter of inquiry other than the original itself
A. Best Evidence
B. Parole Evidence
C. Documentary Evidence
D. Secondary Evidence
21. It is a formal reading of the charges against a person accused of a crime and latter asking him
whether he pleads guilty or not to the crime charged
A. Arraignment
B. Plea
C. Preliminary Investigation
D. Promulgation of Judgement
22. When an evidence is disallowed by the rules for having no rational probative value, the
evidence is rendered
A. Incompetent
B. Irrelevant
C. Incredible
D. None of the following
23. The rule upon which the court may deny the admission of secondary evidence is
A. Best Evidence Rule
B. Parole Evidence Rule
C. Equipoise Rule
D. Rule of Law
24. It is the result or the effect of evidence
A. Law
B. Proof
C. Rights
D. Evidence
25. It is the evidence given by an ordinary person regarding of what he thinks
A. Opinion Evidence
B. Rebuttal Evidence
C. Testimony
D. None of the above
26. An evidence which will excuse a person from an alleged fault or crime
A. Electronic Evidence
B. Documentary Evidence
C. Exculpatory Evidence
D. Forgotten Evidence
27. Which among the following may disqualify a witness
A. Capacity of Observation
B. Capacity of Recollection
C. Capacity of Communication
D. Capacity of Knowledge
28. Prescribe the governing rules of evidence
A. Revised Penal Code
B. Constitution
C. Rules of Court
D. Rules on Criminal Procedure
29. In case of falsification of document what would be the best evidence
A. Authentic Document
B. Genuine Document
C. Questioned Document
D. Holographic Document
30. Who among the following are automatically disqualified to take the witness stand
A. Sick Person
B. Children
C. Homosexual
D. Insane Person
31. What meant by the word Evidence
A. Evidence is the sanctioned by the rules of court.
B. Evidence pertains to the means or procedures in determining the truth
C. Both A and B
D. None of the above
32. Which is the best answer regarding the Direct Evidence.
A. It is the kind of evidence that can prove the fact in issue without the aid of any inference or
presumption
B. It is the kind of evidence that can prove the fact in issue with the aid of any inference or
presumption
C. It is the kind of evidence that cannot prove the fact in issue with the aid of any inference or
presumption
D. It is the kind of evidence that can prove the fact in issue within the aid of any inference or
presumption
33. How would you compare the Criminal Case and Civil Case
A. Criminal Case needs reasonable doubt to convict while Civil Case needs preponderance of
evidence in order to win
B. Criminal Case needs proof beyond reasonable doubt to convict while Civil Case needs
preponderance of evidence in order to win
C. Criminal Case don not need reasonable doubt to convict while Civil Case do not need
preponderance of evidence in order to win
D. None of the above
34. How would you compare the Judicial Admission and Extra-Judicial Admission
A. Judicial Admission is the kind of admission made during the court proceedings while the
Extra-Judicial Admission is the kind of admission made out of court
B. Judicial Admission is the kind of admission made during and after the court proceedings
while the Extra-Judicial Admission is the kind of admission made out of court
C. Judicial Admission is the kind of admission made during the court proceedings while the
Extra-Judicial Admission is the kind of admission made out of court or during court proceedings
D. Judicial Admission is the kind of admission made in the court proceedings while the Extra-
Judicial Admission is the kind of admission made out of court
35. What can you say about the doctrine of RES INTER ALIOS ACTA
A. It is the rights of a party that can be prejudiced by an act, declaration, or admission of
another
B. It is the rights of a party that cannot be prejudiced by an act, declaration, or admission of
another
C. It is the rights of a accused that can be prejudiced by an act, declaration, or admission of
another
D. It is the rights of a party that can be prejudiced by an act, declaration, or admission of one
another
36. What is the difference between Admission and Confession
A. Confession refers to the declaration of an accused acknowledging his or her guilt of the
offense charged while Admission refers to the act, declaration or omission of a party as to a
relevant fact in issue.
B. Confession refers to the declaration of an accused not acknowledging his or her guilt of the
offense charged while Admission refers to the act, declaration or omission of a party as to a
relevant fact in issue.
C. Confession refers to the declaration of an accused acknowledging his or her guilt of the
offense charged while Admission refers to the act, declaration or omission of a party as to a not
relevant fact in issue.
D. None of the Above
37. Choose the Best answer regarding the Primary Evidence
A. Mr. X sell his car to Mr. Y . The primary evidence is the photocopy of the Deed of sale of the
car executed between Mr. X and Mr. Y
B. Mr. X sell his car to Mr. Y . The primary evidence is the original copy of the Deed of sale of
the car executed between Mr. X and Mr. Y
C. Both A and B
D. None of the above
38. How is Object evidence Presented
A. Object Evidence may be Export to, examined or viewed by the court
B. Object Evidence may be Import to, examined or viewed by the court
C. Object Evidence may be Analyzed, examined or viewed by the court
D. Object Evidence may be Exhibited to, examined or viewed by the court
39. Choose the best answer regarding the Previous Conduct
A. The accused was not previously convicted of theft or estafa
B. The accused was previously convicted of theft or estafa
C. The accused was previously done theft or estafa
D. The accused was previously committed theft or estafa
40. How can Dying Declaration admissible in court
A. If the notes was declaring the cause or circumstances surrounding the person’s death
B. If the notes was not declaring the cause or circumstances surrounding the person’s death
C. Both A and B
D. None of the above
41. It is known as presumption or presumtiones juris. They are conclusive and disputable
presumptions
A. Presumption of Fact
B. Burden of Proof
C. Presumption of Poof
D. Presumption of Law
42. When a witness affirms that a fact did or did not occur
A. Primary Evidence
B. Positive Evidence
C. Secondary Evidence
D. Prima Facie Evidence
43. It is submitted to the court through the testimony or deposition of a witness. It is that which
directly comes out the witness mouth, oral or written, such as deposition and affidavits
A. Testimonial Evidence
B. Material Evidence
C. Relevant Evidence
D. Object Evidence
44. What would ascertain an alibi and denial in hearing
A. Testimony
B. Evidence
C. Proof
D. Positive Identification
45. Factum probans means
A. Evidentiary Fact
B. Ultimate Fact
C. Weigh of Evidence
D. Preponderance of Evidence
46. Cognizance of certain facts which judge may properly take a fact because they are already
know to them
A. Cognizance
B. Judicial Admission
C. Judicial Knowledge
D. Judicial Notice
47. Which among the following may not be a means to impeach judicial record
A. Want of jurisdiction in the court or judicial officer
B. Conclusion between the parties
C. Fraud in the party offering the record
D. Alteration
48. Which among the following may be used as evidence in a judicial processing
A. Privilege Conversation
B. Dying Declaration
C. Testimony
D. Hearsey
49. Evidence of this kind are those which are capable of perception
A. Testimonial evidence
B. Corroborative Evidence
C. Real Evidence
D. Documentary Evidence
50. A duplicate receipt signed and carbon copied at the same time is in terms of eventiary value is
deemed as
A. Duplicate
B. Original
C. Authenticate
D. Genuine
51. Z wrote to P that he is sorry for kicking him on his thigh because he is hurt by what P told him.
It is an example of
A. Admission
B. Confession
C. Express Admission
D. Express Confession
52. Opinion is what a person thinks or views or his conclusion about something, it is admissible in
court.
A. True
B. False
C. Partially true
D. Partially false
53. Dying declaration is admissible in court if the dying person talks about the cause that is making
him to die, example Bornok borrowed 5 million to Boyet and didn’t pay for a long time that’s why it
makes Boyet stressed that’s why he died.
A. True
B. False
C. Partially true
D. Partially false
54. It’s means guilty mind.
A. Means rea
B. Mens rea
C. Actus reus
D. Actus rues
55. It’s means guilty act.
A. Means rea
B. Mens rea
C. Actus reus
D. Actus rues
56. It refers to the previous act or omission of an accused.
A. Previous conduct
B. Past conduct
C. Previous omission
D. Past omission
57. Hearsay is an evidence that is admissible in court.
A. False
B. True
C. Partially true
D. Partially false
58. The opinion of an expert witness in the court can be considered as an evidence and it is bound
to be considered or accept by the court.
A. True
B. False
C. Partially true
D. Partially false
59. It pertains to body of essential facts, when taken together, prove the commission of a crime.
A. Corpus delicti
B. Body of the crime
C. Evidence
D. Both a and b
60. In the presumption of death, the absentee shall be considered dead for the purpose of opening
his succession only after a absence of 8 years
A. True
B. False
C. Partially true
D. Partially false
61. A judicial admission is only in writing, made by the party in the course of the proceedings in the
case, does not require proof.
A. True
B. False
C. Partially true
D. Partially false
62. These are the elements or requisites of judicial admission except .
A. It must be made a party to the case
B. It must be made in the same case
C. It does require a particular form for an admission
D. It must be made in writing
63. These is where you will find Judicial admission except.
A. Pleadings
B. Motions
C. Manifestation
D. Outside the trial court
64. These are the admissibility of documentary evidence except l.
A. It must be relevant
B. It must be authenticated
C. It must be authenticated by a competent lawyer
D. It must be offered as evidence in court
65. For many days that X was installing a fence at a property, Y who is his neighbor had not object
or shown any opposition to it. Y inaction may be used against him should he later on claim interest
over the property fenced by X is an example of admission by silence.
A. True
B. False
C. Partially True
D. Partially False
66. Generally, evidence of specific instances of conduct is not admissible to prove that the person
to whom the evidence refers acted in conformity therewith on a particular occasion.
A. True
B. False
C. Partially true
D. Partially False
67. It is when there is doubt as to what the law is on certain state of facts or there is doubt as to
what law is applicable.
A. Question of Law
B. Question of Fact
C. Question of Doubt
D. Question of State
68. It is when doubt arises as to the truth or falsity of the alleged facts claimed.
A. Question of Doubt
B. Question of Law
C. Question of Fact
D. Question of State
69. It helps in the determination of Questions of facts by helping the judge reconstruct the chain of
events from the conception up to the consummation of a criminal design.
A. Reasonable Doubt
B. Evidence
C. Prima Facie
D. None of the above
70. It is a rule of evidence which excludes evidence obtained in violation of a person’s
constitutional rights or statutory rights secured through illegal means or sources.
A. Exclusionary Law
B. Miranda Rule
C. Fruit of the Poisonous Tree Doctrine
D. Exclusionary
71. It is an evidence illegally obtained by the State (thru its agents) should not be used to gain
other evidence because the illegally obtained evidence taints all evidence subsequently obtained.
A. Exclusionary Law
B. Miranda Rule
C. Fruit of the Poisonous Tree Doctrine
D. Exclusionary
72. if P claims to have been injured by the negligence of D who denies having been negligent, the
negligence of D and the causal connection between such negligence, and the injuries of P taken as
a whole. The evidence offered by P, whether it be object, documentary or testimonial, constitute
the materials to prove the liability of D. The totality of the evidence of prove the liability refers to
what
A. Facttum Probantum
B. Factum Probandum
C. Factum Probans
D. Factum Prob
73. In a criminal prosecution for sexual assault, evidence of the defendant's commission of another
offense or offenses of sexual assault is not admissible to prove that the defendant acted in
conformity therewith on a particular occasion.
A. True
B. False
C. Partially True
D. Partially False
74. Literally means things done; it includes circumstances, facts, and declarations incidental to the
main facts or transaction necessary to illustrate its character and also includes acts, words, or
declarations which are closely connected therewith as to constitute
part of the transaction.
A. Res Gestae
B. Res State
C. Evidence
D. None of the Above
75. It includes relationship, family genealogy, birth, marriage, death, the dates when, and the
placer where these facts occurred and the names of their relatives.
A. Presumption
B. Pedigree
C. Document
D. Personal document
76. It is the apparent on the face of the writing itself and requires something to be added in order
to ascertain the meaning of the words used. In this case, parole evidence is not admissible,
otherwise the court would be creating a contract between the parties.
A. Patent
B. Extrinsic Ambiguity
C. Patent or Extrinsic Ambiguity
D. Ambiguity
77. It is a situation where an ambiguity partakes of the nature of both patent and latent. In this, the
words are seemingly clear and with a settled meaning, is actually equivocal and admits of two
interpretations. Here, parol evidence is admissible to clarify the ambiguity provided that the matter
is put in issue by the pleader. Example: Dollars, tons and ounces.
A. Extrinsic Ambiguity
B. Intermediate Ambiguity
C. Ambiguity
D. Patent
78. It is an evidence by calling attention of such party to his former statement so as to give him an
opportunity to explain before such admissions are offered in evidence.
A. Impeaching Evidence
B. Evidence
C. Hearsey
D. Prima Facie Evidence
79. If the fact in issue is who stabbed Mr. A, the Testimony of witness who personally saw Mr. B
stabbing Mr. A is what kind of evidence?
A. Prima Facie Evidence
B. Best Evidence
C. Primary Evidence
D. Direct Evidence
80. Evidence is defined as the _____
A. Means, sanctioned by the supreme court of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
B. Procedures in determining the truth or of knowing what actually happened.
C. Proof of a fact which affords the greatest certainty of the fact in issue.
D. Means, sanctioned by the supreme court of ascertaining in a extra- judicial proceeding the truth
respecting a matter of fact.
81. It is a procedural law and not a substantial law.
A. Rules of court
B. Rules on evidence
C. Revised rules of court
D. None of the above
82. The following are definition of proof except:
A. Cannot be objected
B. The result after following a procedure
C. Means ascertaining the truth
D. The basis in promulgating a decision like proof beyond reasonable doubt
83. If Juan sell his motorcycle to Pedro the original copy of deed of sale executed between Juan and
Pedro is an example of ______
A. Documentary evidence
B. Conclusive evidence
C. Best evidence
D. Direct Evidence
84. The following are not example of secondary evidence except:
A. Photocopy of a contract or deed of sale
B. CCTV footage
C. Original copy of deed of sale
D. Birth certificate
178. Cardo Batumbakal present the evidence He collected at the crime scene which is the
Karambit, Cardo also engraved his initial to the handle of karambit for identification. What type of
object evidence Cardo present to the court?
A. Unique objects
B. Objects made unique
C. Non- unique objects
D. All of the above
179. Abdul Salsalani is chosen by her nephew to accompany her to testify and attend the judicial
proceeding to provide emotional support to the nephew. Abdul Salsalani is called as?
A. Garduan ad litem
B. Guardian
C. Support person
D. Supporting entity
180. The judge excluded the evidence submitted by the party of defendant because it cannot
support the facts of the case.
A. Axiom of relevance
B. Axiom of competence
C. Axiom
D. Admissibility
181. Anna a child victim of raped testifies to the court, the court accepted all her testimony and
credited them since no child or woman would concoct a story of defloration, allow an examination
to the private parts and being subjected to public trial. The testimony of Anna is considered as?
A. Admissibility
B. Credibility
C. Inadmissible
D. Not credible
182. Manuel, the prosecutor in charge of presenting all necessary and sufficient evidences to
established their claim or defense by the amount of evidence required by the law. What burden lies
to the prosecutor?
A. Burden of Proof
B. Burden of evidence
C. Burden of burden
D. Inference
183. Antecedent Circumstances is a facts existing before the commission of the crime example of
this are except
A. Hatred
B. Bad Moral Character of the Offender
C. Previous PLan
D. Emotion
184. Collateral Matters are classified into except
A. Antecedent Circumstances
B. Concomitant Circumstances
C. Matter Circumstances
D. Subsequent Circumstances
185. Mario and Maria are married. One day Mario went to Thailand to work and never came back to
the Philippines. Although Maria known that Mario is still in Thailand, filed a case in the court to
declare Mario presumed death already. This is because Maria lost contact with Mario and that they
never communicated with each other for 15 years already. Can Mario be declared as presumed
dead?
A. No
B. Yes
C. Maybe
D. No comment
186. Alvin submitted an 31 years old document to the court for authentication and to proof
genuineness. What kind of evidence Alvin submitted?
A. Private document
B. Ancient document
C. Public document
D. None of the Above
187. Witness Magellan take an outward pledge before the witness stand that his attestation or
promise is under the sense of responsibility to God. What does the witness do before giving a
testimony?
A. Affirmation
B. Promise
C. Oath
D. All of the above
188. After the seizure of illegal drugs done by the seizing officer of the PDEA. In chain of custody of
illegal drugs where should the seizing officer transmit the said drugs?
A. Evidence Custodian
B. PNP/PDEA crime lab
C. Lead Investigator
D. Chief Investigator
189. A deaf muted person witness a crime. Does he qualified to be a witness even though he has
disability?
A. Yes
B. No
C. Maybe
D. I don’t know
190. This means any organic material originating from a person’s body, even if found in inanimate
objects. This includes blood, saliva and other body fluids.
A. DNA
B. DNA evidence
C. DNA sample
D. Biological sample
191. You saw Maria killed Jose because you were present when it happened , didn’t you ? What
type of Question is this
A. Leading Question
B. Misleading Question
C. Argumentative Question
D. Speculative Question
192. The victim cried in pain didn’t he ? What type of question is this
A. Misleading Question
B. Argumentative Question
C. Speculative Question
D. Leading Question
193. In Res Inter Alios Acta Rule , the exception are the following except
A. Admission by a Co-partner or agent
B. Admission by a Conspirator
C. Admission by Accused
D. Admission by Silence
194. The following are the qualifications of witnesses except
A. Can perceive
B. Can make known their perception to others
C. Not disqualified by reason of mental incapacity, immaturity
D. Can be expressive]
195. May a fake document be considered as original or authentic
A. Yes, a forged document when presented in court for examination is considered as the
original fake document. Thus, a mere photocopy of the allegedly forged document is only
secondary to the original questioned document
B. No, Because it is a fake document and it is not admissible in court
C. Both A and B
D. None of the above
196. A document is legally considered original when. Except
A. It is the suject of an inquiry
B. When in two or more copies executed at or about the same time with identical contents
C. When it is examined
D. When an entry is repeated in ordinary course of business, one being copied from another at
or near the time of the transactions
197. This are examplle of Documentary Evidence except
A. Containing Letters
B. Containing Words
C. Containing Numbers
D. Containing Emoji
198. Mr X as a witness has a right to be detained longer than the justice require
A. True
B. Maybe True
C. Maybe False
D. False
199. Can the witness give an answer which will not tend to degrade his or her reputation
A. No
B. Yes
C. Maybe
D. None of the Above
200. The examination of witnesses presented in a trial or hearing shall be done in open court, and
under oath or affirmation. Unless the witness is incapacitated to speak, or the question calls for a
different mode of answer, the answer of the witness shall be given orally.
A. True
B. False
C. Maybe
D. Not sure