Tuesday, April 12, 2011

MCQ in evidence

Polytechnic University of the Philippines
College of Law
Evidence S.Y. 2010-2011


Choose the best answer.


1. The law of evidence in the Philippines is principally found in:

a. Special Laws
b. Rules of Court
c. Constitution
d. None of the above


2. When the requisite quantum of evidence of a particular fact has been duly
admitted and given weight, the result is:

a. Proof of such fact
b. Fact in issue
c. Evidentiary fact
d. Factum Probandum


3. The rules of evidence are specifically applicable only in:

a. Administrative proceedings
b. Quasi-judicial proceedings
c. Judicial proceedings
d. All of the above


4. This is the presentation in open court the evidentiary articles for the
observation or inspection of the tribunal:

a. Automatic proference
b. Autoptic preference
c. Ocular inspection
d. Autoptic proference


5. Choose where the object evidence is exhibited or demonstrated:

a. In an ocular inspection
b. At a place designated by the court
c. Open court
d. All of the above


6. Kind of evidence which is considered under the Rules as the best evidence:

a. Positive evidence
b. Prima fascie evidence
c. Primary evidence
d. Presumptive evidence


7. Choose which of the following is correct:

a. Documentary evidence is that which is directly addressed to the senses of the
court and consists of tangible things
b. Documentary evidence is offered when a document is presented to prove its
existence or condition
c. Where the purpose is to prove a collateral fact that took place while a
document was being prepared, rule on documentary evidence shall apply
d. Documentary evidence applies only when the contents of such document is the
subject of inquiry


8. Other classification of evidence whereby the witness affirms that a fact did
or did not occur and is entitled to greater weight since he represents of his
personal knowledge the presence or absence of a fact:

a. Positive Evidence
b. Corroborative Evidence
c. Circumstantial Evidence
d. Direct Evidence


9. A class of evidence in which the proof of a fact or facts from which, taken
either singly or collectively, the existence of the particular fact in dispute
may be inferred as a necessary or probable consequence:

a. Conclusive Evidence
b. Circumstantial Evidence
c. Cumulative Evidence
d. Competent Evidence




10. Evidence on collateral matters shall not be allowed except:

a. When the party rests his case and the real evidence consists of objects
exhibited in court
b. When it is formally offered by the proponent immediately before he rest his
case
c. When it tends in any reasonable degree to establish the probability of the
fact in issue
d. When the objection to its admissibility shall be considered waived


11. Evidence, to be admissible should be relevant and competent. Under this
premise, can evidence which has great evidentiary weight or probative value be
not admitted in evidence?

a. No, because the Rules on Evidence expressly provide that evidence which is
relevant and competent is admissible.
b. Yes, if the court exercise its discretion and decided not to admit the
evidence.
c. Yes, if the evidence is excluded by any law or rule.
d. Yes, if the counsel offering the evidence did not object to its inadmission.
e. No, because to be relevant and competent, evidence must have great
evidentiary weight.


12. Collateral evidence is generally not admissible in evidence. Is there an
instance where it could be admitted?

a. Collateral evidence is not admissible at all times because it is not related
to the fact in issue.
b. If the court, in the exercise of its discretion, allows its admission.
c. If the opposing party waives his right to object to the presentation of
collateral evidence.
d. If it tends to prove the probability or otherwise of a certain fact.
e. If the law or rules allow its admission.


13. Vic De Leon, a member of the popular hunk group HBG, was arrested by agents
of the Asuncion Police Station on the basis of a rape complaint filed against
him by the mother of one of his girlfriends. He was brutally tortured and
because of severe pain, he admitted that he raped his girlfriend. During trial,
his lawyer failed to object to the presentation of his confession as evidence.
Will the court now allow his confession to be admitted?


a. Yes, because he waived his right to object in the presentation of his
confession.
b. No, because the Constitution expressly prohibits the admission of illegally
acquired evidence to prove the guilt of the accused.
c. No, because the confession was illegally obtained.
d. No, because he was arrested without warrant and therefore his arrest is
illegal.
e. No, because by express provision of the Anti-Torture Law, anything that the
accused has admitted during his ordeal is illegal and cannot be admissible in
evidence.


14. Electronic messages and documents are admissible in evidence. Is fax
transmittal admissible as electronic evidence?

a. Yes, because it passes through an electronic transmission.
b. Yes, because fax machines are electronic equipment such that anything that
passes through it are considered electronic document.
c. No, because it is just like a photocopy of the original document.
d. No, because an electronic document should be paperless.
e. No, because an electronic document must be a functional equivalent of an
original document.


15. I. Where the evidence is relevant and competent for several purposes, it
could be
admitted for any or all the purposes for which it is offered.

II. Even if the evidence lacks the requirements of law for its admissibility, it
could be admitted as long as it is relevant to the fact in issue.

III. Evidence of great evidentiary weight is deemed relevant and competent.

a. All statements are true.
b. The first statement is true while the second and third statements are false.
c. The second statement is true while the first and third statements are false.
d. The third statement is true while the first and second statements are false.
e. All statements are false.


16. It is an evidence of facts not directly related to the disputed case.

a. Collateral evidence
b. Inference
c. Legal evidence
d. Circumstantial evidence
e. Discretionary evidence


17. It is a relationship of logical conclusion and legal doctrines.

a. Evidence
b. Admissibility and inadmissibility
c. Relevancy and competency
d. Probability and improbability
e. Existence of inexistence of facts



18. The Supreme Court is vested with the power to promulgate rules and
procedures regarding the conduct of legal proceedings in all courts in the
Philippines. As such, it can disallow the admission of evidence even if the law
provides otherwise. Is this assumption legally sound?

a. Yes, because of the doctrine of separation of powers.
b. No, because that is undue delegation of legislative powers.
c. Yes, because the Rules of Court is not required to be in consonance with the
law.
d. No, because the Rules should be in accordance with what the law provides.
e. Possible, because there are times that the Supreme Court makes its own
interpretation of the law.


19. Evidence though not entirely related to the fact in issue but if sufficient
could determine the guilt or innocence of the accused.

a. Documentary evidence
b. Circumstantial evidence
c. Testimonial evidence
d. Object Evidence
e. Best evidence


20. Benedict Bird was accused of bribing a police officer during a raid in a
karaoke bar in which he is a regular customer. During trial, the police officer
offered to the court as evidence Bird's text message offering the said officer
PhP 500.00 in exchange for the dropping of the case against him. The court
admitted the text message as evidence. Was the court correct in admitting said
text message as evidence?

a. No, because it is not considered as an electronic evidence.
b. No, because text message could be replaced and manipulated.
c. Yes, because text messages could be stored in the mobile phone.
d. Yes, because it can be proven by the testimony of the person who is a party
to the case or has personal knowledge of the same.
e. Yes, because the authenticity of the text message could be verified in
network's service provider.

21. Documents are object evidence:

a. If the documents constitute the very basis for the criminal or civil action
b. To prove their existence or condition or the nature of the handwriting
thereon
c. When the contents of such documents are the subject of inquiry
d. Documents are addressed to the senses of the court and relevant to a fact in
issue
e. When the court acquires knowledge thereof by actually viewing the documents


22. Best evidence rule is relevant to the following

a. Where the transactions have been in writing and the contents of such writing
is the subject of inquiry.
b. Affidavits and depositions intended as evidence to establish the issue in
controversy
c. When a document is in two or more copies executed at or about the same time,
with identical contents.
d. None of the above
e. All of the above


23. Statement 1: The best evidence rule, applied to documentary evidence,
operates as a rule of inclusion, that is, secondary evidence can be inceptively
be introduced as the original writing itself must be produced in court.

Statement 2: In the case of real evidence, secondary evidence of the fact in
issue may not be introduced without having to account for the non-production of
such primary evidence.

Statement 3: Each newspaper sold in the stand is not original in itself.

a. All statements are true
b. All statements are false
c. Only statement number 1 is true
d. Only statement number 2 is true
e. Only statement number 3 is true





24. No evidence shall be admissible other than the original document itself
except in the following cases:

a. When the original has been lost or destroyed or cannot be produced in court
without bad faith on the part of the offeree.
b. When the original is in the custody or under the control of the party against
whom the evidence is offered and the latter fails to produce it without
reasonable notice
c. When the original consists of numerous account or other documents that can be
examined in court without great loss of time and the fact sought to establish
from them is only the general result of the whole.
d. All of the above
e. None of the above


25. Which of the following is a sound legal principle:

a. The original of a document is one that is recorded in a public office
b. In criminal cases when the issue is whether such document actually existed
with the participation therein as imputed to the accused, the original must be
presented
c. When the ocular inspection had been held it precludes a party from
introducing other evidence in the same issue
d. Objects as evidence are those addressed to the senses of the public
e. None of the above


26. It has been described as a misnomer because it has often been misunderstood
and given a meaning it does not deserve and it is not intended to mean the "most
superior" evidence

a. Best evidence rule
b. Documentary evidence
c. Parol evidence rule
d. Object evidence
e. None of the above


27. May a private document be offered and admitted in evidence both as
documentary evidence and as object evidence?

a. A private document may be offered and admitted in evidence both as
documentary evidence and as object evidence depending on the purpose for which
the document is offered
b. If private document is offered to prove its existence for any purpose other
than the contents of a document, the same is considered as object evidence
c. When private document is offered as proof of its contents, the same is
considered as documentary evidence
d. The document may be offered for both purposes under the principle of multiple
admissibility
e. All of the above


28. The following are the requisites for the admissibility of documentary
evidence, except

a. The document must comply with the best evidence rule
b. The document must be relevant.
c. The document must be authenticated by a competent witness
d. The document must be personally offered in evidence


29. During the trial of Mr. X for the Violation of the Dangerous Drugs Act, the
prosecution offers in evidence a photocopy of the marked bills used in the
"buy-bust" operation. Mr. X's counsel objects to the introduction of the
photocopy on the ground that the Best Evidence Rule prohibits the introduction
of secondary evidence in lieu of the original.

a. The photocopy of the bills being a documentary evidence, is not admissible
and violates the best evidence rule
b. The photocopy of the bills being an object evidence is admissible in evidence
without violation of the best evidence rule
c. The photocopy is admissible since the original is in the custody of the party
against whom the evidence is offered
d. What is involved in the inquiry of the photocopy bills is only collaterally
in issue hence the best evidence rule does not apply
e. None of the above


30. Statement No. 1: The underlying purpose of the best evidence rule is the
prevention of fraud or mistakes in the proof of the contents.

Statement No. 2: The best evidence rule may not be waived if raised in the trial

Statement No. 3: When carbon sheets are inserted between two or more sheets of
paper with the writing and the signature on the first sheet being reproduced in
the sheets beneath by the same stroke of the paper, only the first sheet if the
original

a. All statements are true
b. All statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. Only statement No. 3 is true


31. Statement I: The Best Evidence Rule applies only to documentary evidence.

Statement II: As a general rule, secondary evidence to prove the existence or
condition of a document shall not be admitted in consonance to the best evidence
rule.

Statement III: A newspaper article maybe a real and a documentary evidence at
the same time.

a. All statements are false
b. Only statement I is false
c. Only statement II is false
d. Only statement III is false
e. All statements are true


32. Which of the following need not be proved by satisfactory evidence in order
that Secondary Evidence may be admissible when the original document is
unavailable?
a. The Due Execution of the original document
b. The loss, destruction and unavailability of all the original documents
c. The presence of at least one witness in the execution of the original
document
d. Diligence and good faith in the search for or attempt to produce the original
e. All of the above


33. When the original document is unavailable, secondary evidence may be
admissible in evidence.
i. By a copy of the original document
ii. By the recital of the contents of the original document in some authentic
document
iii. By the recollection of witnesses

a. Any of the above evidences maybe availed of according to the discretion of
the party presenting such
b. Any of the above evidences maybe availed of according to the sound discretion
of the judge
c. Such evidences maybe presented in the aforesaid order stated above
d. None of the above
e. All of the above

34. A party who calls for the production of a document and inspects the same is

a. Obliged to produce all pieces of evidence pertaining to it.
b. Not obliged to offer the same as evidence.
c. Compelled to testify as to its due execution.
d. The adverse party.
e. Presumed to use the same as his evidence.

35. Which of the following statement is false?

a. Parol evidence of the fact of the due execution of the document is allowed.
b. Parol evidence rule is based upon the consideration that when the parties
have reduced their agreement into writing, all their previous agreements on the
matter are merged therein.
c. Parol evidence maybe oral or written.
d. Parol evidence is intended or tends to vary or contradict a complete and
enforceable agreement embodied in a document.
e. None of the above.

36. In case that the original document is in adverse party's custody or control,
secondary evidence maybe presented

a. After reasonable notice to the adverse party and the latter failed to
produced the same.
b. With leave of court upon request of the party seeking to present the
evidence.
c. Upon issuance of a show cause order.
d. Without leave of court.
e. Only if the adverse party failed to make a timely objection to such
presentation.

37. STATEMENT I: A party who calls for the production of a document and
inspects the same is obliged to offer it as evidence.

STATEMENT II: Intentional destruction of the original document by the party,
even in good faith precludes his introduction of secondary evidence.

STATEMENT III: When the original document is outside the jurisdiction of the
court, as when it is in a foreign country, secondary evidence is not admissible.

a. All statement are true
b. All statement are false
c. Only Statement I and II are true
d. Statement II is true
e. Only statement III is false

38. Which of the following evidence does not fall as an exception to the best
evidence rule?

a. When the original has been lost or destroyed without the bad faith on the
offeror.
b. When the original cannot be produced in court without bad faith on the
offeror.
c. When the original is under the control of the adverse party.
d. When the original is a public record in the custody of a public officer.
e. None of the above

39. The parol evidence rule is based upon the consideration that when the
parties have reduced their agreement on a particular matter into writing, all
their agreements on the matter are merged therein. However, a party may present
evidence to modify, explain or add to the terms of the written agreement if he
puts in issue in his pleadings matters relating to:

a. An intrinsic ambiguity, mistake or imperfection in the written agreement.
b. The failure of the written agreement to express the true intent and agreement
of the parties thereto.
c. The validity of the written agreement.
d. The existence of other terms agreed to by the parties of their successors in
interest after the execution of the written agreement.
e. All of the above.





40. Which of the following statement is/are true?

a. Voluminous records to be considered as an exception to the best evidence rule
must established that the factum probandum is only the general result of the
whole and not the written content of the records.
b. In order that secondary evidence maybe presented in case of voluminous
records, the voluminous character of the record must be established and such
records must be made accessible to the adverse party for cross examination.
c. In case that secondary evidence of voluminous records is challenged for being
hearsay, the originals must be produced by the party presenting it.
d. None of the above
e. All of the above

41. Among various evidentiary rules, it has a direct application to contracts
which the parties have decided to set forth in writing.

a. Parol evidence rule
b. Electronic evidence rule
c. Best evidence rule
d. DNA evidence rule


42. Which of the following is of sound principle?

a. Parol evidence rule cannot be invoked when the controversyis between the
parties to the written agreement
b. Parol evidence rule applies only to documents that are contractual in nature
c. Parol evidence rule presupposes that the original document is not available
in court
d. Parol evidence prohibits the varying of the terms of a written agreement

43. X files an action for damages against B and C arising from a contract
however C is a complete stranger to the contract. Can X introduce parol
evidence?

a. Yes, because the claim is arising from a valid contract
b. No, because C is not a party to the contract
c. Yes, when there is no objection thereto
d. No, because extrinsic evidence cannot be availed of


44. C and D are party to a contract, on their contract it happens that there are
mistakes and imperfection, worst their intent was not expressed. If ever there
are irregularities occurred and D will not comply to his obligation will the
court admit a parol evidence?

a. No, because of imperfections
b. Yes, if the facts of mistakes and imperfections will be alleged in the
complaint
c. No, notwithstanding alleging such fact of imperfection
d. Yes, even if there is no objection



45. Mistakes under the exception to introduce parol evidence refer to:

a. Mistakes of fact that is not mutual to the parties
b. Mistakes of fact that is mutual to the parties
c. Fair dealing of another party
d. Inaccurate statement in the agreement

46. Parol evidence may be admissible to the court when there is latent or
intrinsic ambiguity in the writing. Latent ambiguity means:

a. Where writing admits of two constructions both of which are not in harmony
with the language used
b. When the writing on its face appears clear and ambiguous but there are
collateral matters or circumstances which make the meaning certain
c. Where the writing is clear
d. On its face appears clears and unambiguous which make the meaning uncertain

47. In a last will and Testament B is bequeathed a particular thing however
there are several heirs named B. This case is an example of:

a. Latent ambiguity
b. Imperfection
c. Mistake
d. Notarial will


48. Parol evidence is not admissible even if the same is put in issue if it is
patent or extrinsic in a contract because:

a. The court would be creating instead of construing a contract
b. There is no contract at all
c. The court has no jurisdiction
d. It is a waste of time and money


49. Introducing parol evidence means:

a. Offering extrinsic or extraneous evidence that would modify, explain or add
to the terms of the written agreement
b. Evidence alliunde cannot be introduced
c. Offering best evidence attainable
d. None of the above

50. A and B both member of Mangyan tribe entered into a contract of Lease of a
particular lot. The language used was their dialect where some of the terms have
a contradicting expression as to their very intent of the contract. How will you
construe the contract?

a. Interpret according to the legal meaning it bears in the place of its
execution
b. Interpret according to the legal language
c. Construe in accordance with the formalities of contract
d. None of the above

51. Are deaf mutes competent as witness?

a. Yes, when they can understand and appreciate the sanctity of oath
b. Yes, when they can comprehend the facts they are going to testify
c. Yes, when they can communicate their ideas through a qualified interpreter
d. No, they are not qualified to be a witness
e. A, B, and C are true


52. Which of the following should not be taken into consideration in determining
the competency of a child witness?

a. His age
b. Observation skill
c. Ability to recollect
d. Communications skill
e. His physical capacity


53. What is not included in the phrase "unsound mind"?

a. Mental aberration
b. Induced by drugs
c. Induced by hypnosis
d. None of the above
e. All of the above







54. The interest of the witness in the outcome of the case did not qualify him
to testify, except:

a. Dead Man Statute
b. Survivorship Disqualification Rule
c. Only A
d. A and B


55. I: Disqualification of a witness is determined at the time said witness are
produced for examination I court.

II: Qualifications of a witness are determined at the time said witness is
making his deposition.

a. I is true
b. II is true
c. Both are true
d. Both are false


56. I: Marital disqualification rule applies only when the marriage is valid as
of the time testimony is offered.
II: Marital disqualification is also called Spousal immunity.

a. I is true
b. II is false
c. I and II are false
d. I and II are true
e. II is true


57. I: When an offense directly attacks or directly and vitally impairs the
conjugal relation, the marital disqualification rule applies.

II: Marital disqualification rule applies in criminal prosecution for a crime
committed by one against another.

a. Only I is false
b. Only I is true
c. Only II is true
d. Only II is false
e. Both are false

58. Which of the following is true?

a. Dead man statute is not a partial disqualification
b. Survivorship disqualification rule is an absolute disqualification
c. Survivorship disqualification applies only in civil cases
d. Dead man statute applies to all cases
e. None of the above is true.


59. What is necessary for a dead man statute to apply?

a. The witness offered is a party plaintiff
b. The witness offered is the assignor of the plaintiff
c. The person whose behalf a case is prosecuted is the witness
d. None of the above
e. All of the above


60. Dead man statute applies when the decedent

a. Died before the case is instituted
b. Died after the case is instituted
c. Died while the case is pending
d. Already dead at the time the testimony is sought to be given
e. All of the above


61. Which of the following states a sound legal principle?

a. The Dead Man Statute applies in land registration cases instituted by
decedent's representative
b. For the Dead Man Statute to apply, it is necessary that the witness offered
for examination is a party defendant
c. Dead Man Statute constitute only as a partial disqualification
d. Survivorship Disqualification Rule and Marital Disqualification Rule are both
complete and absolute disqualification
e. None of the above

62. Which of the following statements is false?

a. Survivorship Disqualification Rule does not apply where a counterclaim has
been interposed by the dependant as the plaintiff would thereby be testifying in
his defense
b. Negative testimony that a fact did not occur during the lifetime of the
deceased is covered by the prohibition
c. Dead Man Statute is waived if the defendant does not timely object to the
admission of such evidence
d. None of the above
e. All of the above

63. For the disqualification by reason of the marital privilege to apply, it is
necessary that:

a. There was a valid marital relation
b. The privileged is invoked with respect to any communication between spouses
during said marriage
c. One of the spouse is a party to the action
d. The marriage is existing at the time the testimony is offered
e. None of the above

64. The communication covered by the disqualification based on attorney-client
privilege includes:

a. Communications having to do with client's contemplated criminal act
b. Preliminary communications
c. Communications regarding a crime already committed
d. A and B
e. A and C


65. Statement 1: Testimony on the present possession by the witness of a written
instrument signed by the deceased is also covered by the Dead Man Statute

Statement 2: Dead Man Statute provides for the matters prohibited from being
testified to and includes any matter of fact which bears upon a transaction or
communication between the witness and the decedent even though within the
presence or participation of the latter.

a. Statement 1 is true
b. Statement 2 is true
c. Statement 1 is false
d. Statement 1 and 2 are false
e. Statement 1 and 2 are true

66. It constitute only a partial disqualification as the witness is not
completely disqualified but is only prohibited from testifying on the matters
therein specified

a. Marital disqualification rule
b. Disqualification by reason of marital privilege
c. Survivorship Qualification rule
d. Dead Man Statute
e. Parental and Filial Privilege

67. The disqualification due to privilege communications between ministers or
priest and penitents requires that:

a. The same were made for lawful purpose
b. The same is intended to be made in public
c. The same be confidential and penitential in character
d. All of the above
e. None of the above

68. The publisher of any newspaper of general circulation cannot be compelled to
reveal the source of any news report or information unless:

a. Required by law
b. Ordered by the court
c. Demanded by the State
d. A and B
e. All of the above

69. Where no public interest would be prejudiced, this rule does not apply

a. Disqualification based on attorney-client privilege
b. Disqualification arising from physician-patient privilege
c. Disqualification based on privilege communication to public officers
d. Disqualification due to privilege communications between priest and penitents
e. None of the above

70. Waiving the marital disqualification, disclosure of confidential
communication can still be prevented by:

a. Dead Man Statute
b. Attorney-Client Privilege
c. Disqualification by reason of marriage
d. Disqualification by reason of marital privilege
e. None of the above

71. It is a voluntary acknowledgment made by a party of the existence of the
truth of certain facts which are inconsistent with his claims in an action:

a. Confession
b. Declaration
c. Admission
d. Acknowledgment of facts

72. To be admissible, an admission must:

a. Involve matters of fact and not of law
b. Be categorical and definite
c. Be knowingly and voluntarily made and be adverse to the admitter's interest
d. All of the above



73. Circumstances when such may be received in evidence against the offeror:

a. An unaccepted offer of a plea of guilty to a lesser offense.
b. Offer to pay the payment of medical, hospital or other expenses occasioned by
an injury
c. Attempt of the parents of the accused (of rape) to settle the case with the
complainant (victim).
d. All of the above

74. Admission by a conspirator is admissible against his co-conspirator if

a. Such conspiracy is shown by evidence aliunde
b. The admission was made during the existence of the conspiracy
c. The admission relates to the conspiracy itself
d. All of the above

75. Act or declaration made by co-partner or agent to be admissible as evidence:

a. The partnership/agency is established by evidence other than the declaration;
b. the act or declaration is within the scope of the partnership/agency;
c. Such declaration must have been made during the existence of the partnership
or agency.
d. All of the above

76. In order that the extrajudicial statements of a co accused may be taken into
consideration in judging the testimony of a witness it is necessary that the:
a. Statements are made by several accused
b. The statements are in all material respects identical
c. No collusion among said co-accused in making such statements.
d. All of the above

77. The extrajudicial admissions made by a conspirator may be used against his
co accused when:

a. Where the extrajudicial admissions was made after the conspiracy had
terminated
b. The existence of the conspiracy may be inferred from the acts of the accused
or from the confessions of the accused
c. Where there is an independent evidence of the alleged conspiracy
d. All of the above

78. Admission is judicial when:

a. Made in connection with a judicial proceeding
b. Made as a self-serving declaration
c. Knowingly and voluntarily made
d. During the investigation

79. Admissions are extrajudicial when:

a. Made in any other admissions out of the judicial proceedings
b. Made during trial
c. Made during cross-examination
d. All of the above

80. Admissions may be:

a. Verbal
b. Written
c. Express or tacit
d. All of the above

81. Which of the following is a requisite for the admission by privies to be
admissible?

a. A relation of privity between the party and declarant need not be
established.
b. There must be a relation of privity between the party and the declarant.
c. The admission was made by the declarant, as predecessor-in-interest even
without holding the title of the property.
d. The admission need not be made by the declarant, as predecessor-in-interest
while holding the title of the property.
e. The admission may not be in relation of said property.

82. Which of the following statements is correct?

a. To be admissible against a party as an admission by silence, the party must
have heard or observed the act or declaration of the other person.
b. To be admissible against a party as an admission by privies, the party must
have heard or observed the act or declaration of the other person.
c. To be admissible against a party as an admission by silence, the party must
not have had the opportunity to deny it.
d. To be admissible against a party as an admission by silence, the fact
admitted was the inference to be drawn from the party's silence is relevant to
the issue.
e. None of the above.

83. Does the rule on admission by silence apply if the statements adverse to the
party were made in the course of an official investigation?

a. Yes.
b. No.
c. It depends.
d. None of the above.
e. All of the above.

84. Where a party had a justifiable reason to remain silent, as where he was
acting in advice of counsel, can it be considered as admission by silence?

a. Yes.
b. No.
c. It depends.
d. None of the above.
e. All of the above.

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

a. Declaration against interest
b. Admission by privies
c. Admission
d. Confession
e. Death Man's Statute
f.
86. A confession is a categorical acknowledgment of guilt made by an accused in
a criminal case, without any exculpatory statement or explanation. If the
accused admits having committed the act in question but alleges a justification
therefor, it is tantamount to confession?

a. Yes, because admission is also a confession.
b. No, it is merely an admission but not a confession.
c. No, because confession must be in writing.
d. Yes, because confession is also an admission.
e. None of the above.

87. A confession may be:

a. Oral
b. In writing
c. Under oath
d. Need not be under oath
e. a, b and d

88. Which of the following is a sound legal principle?

a. The confession must involve an express and categorical acknowledgment of
guilt.
b. The confession may be implied acknowledgment of guilt.
c. The confession must be given compulsory.
d. The facts admitted must be constitutive of a criminal and civil offense.
e. None of the above.




89. Which of the following circumstances is NOT indicium of the voluntariness of
a confession?

a. The confession contains details which the police could not have supplied or
invented.
b. The confession contains details which could have been known only to the
accused.
c. It was made in the presence of impartial witnesses with the accused acting
normally on that occasion.
d. The accused questioned the voluntariness of the confession only for the first
time at the trial of the case.
e. The accused, even if sufficiently educated, was unaware of the consequence of
his act.


90. Where the verbal extrajudicial confession was made without counsel, but it
was spontaneously made by the accused after the assault, the same is admissible
under:

a. Confession rule.
b. Part of the res gestae.
c. Admission rule.
d. Dead man's statute.
e. None of the above.
91. Where the extrajudicial confession of the accused while under custodial
investigation was merely prefaced by the investigator with a statement of his
constitutional rights, to which he answered that he was going to tell the truth,
the same is inadmissible:

a. If not in writing and the accused not given enough time to read the
accusation filed against him
b. If threat, intimidation, force, etc. are present during such custodial
investigation
c. The constitutional right (Miranda rights) was not be given by the arresting
officers immediately upon his arrest
d. As the answer of the accused does not constitute a waiver of his right to
counsel and he was not assisted by one when he signed the confession.

92. A promise of immunity or leniency vitiates a confession, if given by:

a. An investigator
b. A corporation
c. The offended party
d. A news reporter

93. A confession illegally obtained from two of the accused are not admissible
against:

a. Both accused
b. A third accused
c. Both a & b
d. None of the above



94. Which of the following forms of coercion does not render the extrajudicial
confession inadmissible?

a. Physical
b. Financial
c. Mental
d. Emotional

95. Where the accused voluntarily made a second extrajudicial confession after
he had been maltreated in order to extort the first confession, such second
confession is admissible:

a. If the Prosecutor promised immunity from prosecution
b. If such second confession was already made outside custody of the authorities
c. Only if it can be proved that he was already relieved of the fear generated
by the previous maltreatment
d. Only if it can be clearly proved that he was really maltreated before

96. If the extrajudicial confession was obtained by maltreatment, the judgment
based solely thereon:

a. Is null and void, and the accused may obtain his release on a writ of habeas
corpus
b. Is null and void, and the accused may be released automatically from custody
c. Is still admitted, but with lesser weight, nevertheless admitted by the court
d. Is inadmissible

97. An offer in writing to pay a particular sum of money or to deliver a written
instrument or specific personal property is equivalent to the actual production
and tender of the money, instrument, or property.

a. If not acted upon within 30-days
b. If rejected without valid cause
c. Both a & b
d. None of the above

98. Which of the following is not an exception to the rule on similar acts as
evidence provided under Section 34 of Rule 130 of the Rules of Court, otherwise
known as the rule on res inter alios acta?

a. Specific intent or knowledge
b. Degree of the offense committed
c. Identity
d. Established customs, usages, and the like

99. Hearsay evidence is excluded because:

a. The statement obtained by the witness was not transcribed or made into
writing then sworn into by him
b. The party against whom it is presented is deprived to present evidence
thereto
c. The party against whom it is presented is deprived to cross-examine the
persons to whom the statements or writings are attributed
d. The statement lacks proper verification by both parties

100. Which of the following is not an exception to the hearsay evidence rule?

a. The declaration of a dying person, made under the consciousness of an
impending death
b. Testimony or Deposition of a person not cross-examined at a former proceeding
c. Act or declaration about pedigree
d. The reputation or tradition existing in a family previous to the controversy

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