問題一覧
1
An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity.
Privileged communication between lawyer and client
2
Reign testified that a week after the robbery Arkyn, one of the accused, told her that Elo was one of those who committed the crime with her. Is Reign's testimony regarding what Arkyn told her admissible in evidence against Elo?
No, since it is hearsay.
3
Niezel a partner in the Kalayaan Ltd., after the partnership is dissolved and liquidated, admits before a police investigator that she and her partners were engaged in smuggling of highly dutiable imported cigarettes while the partnership was operating a buy and sell business. The admission made by Niezel is an example of?
Admission by an agent or partner
4
Which of the following is NOT REQUIRED of a declaration against interest as an exception to the hearsay rule?
At the time he made said declaration he was unaware that the same was contrary to his aforesaid interest.
5
In the case of oral defamation, where the priest is only the available witness, can a priest testify as to the alledge defamatory words given to him by the accused during confession?
Privileged communication given by a penitent to a priest
6
What is the means sanctioned by the rules of ascertaining in a judicial proceeding the Truth ascertaining a matter of fact?
Evidence
7
An act declaration made in the presence or within the hearing or observation of a party who does or says nothing within the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible to him to do so, may be given in evidence against him.
Admission by silence.
8
What is the result of evidence?
Proof
9
What is an evidence standing alone, unexplained or contradicted is sufficient to maintain the proposition affirmed?
Direct Evidence
10
What is the secondary evidence when the original is public record in the custody of public officer or recorded in a public office?
Certified true copy
11
A kind of evidence which shows that a best evidence existed as to the proof of the fact is in question?
Best evidence
12
Refers to family history or descent transmitted from one generation to another
Pedigree
13
Can a husband testify against the wife in an adultery case?
yes, the privilege of marital communication rule is already abolished
14
That kind of evidence that cannot be rebutted or overcome
Conclusive
15
Cognizance of certain facts which judges may properly taken as fact because they are already known to him.
Judicial Notice
16
What is that statement made by a wounded person shortly after he received several bolo stabs narrating therein the whole incident to another which is admissible in evidence as part of?
Dying declaration
17
What rule is observed when generally, there can be no evidence of a writing, the contents of which is the subject matter of inquiry
Best Evidence
18
What evidence is given by a prosecution to overcome or contradict facts already given?
Rebuttal Evidence
19
In absence of the original, what secondary evidence may present in court if the copy is not available?
Xerox Copy
20
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 the medico legal certificate?
Documentary Evidence
21
When an evidence is illegally obtained which makes it inadmissible to the court of justice this is called as?
Fruit of Poisonous Tree
22
Corpus delicti literally means?
Body of the crime
23
Which is NOT subject to judicial notice?
The relationship of Piolo Pascual and Shaina Magdayao
24
Parents cannot be compelled to testify again6 his descendants
Parental Privilege
25
Juan testified that the gun marked Exhibit A was the same weapon used in shooting Kulas. The findings of the crime laboratory yield that the same gun bears the fingerprint of the accused Kanor. The results of the findings of the laboratory is an example of?
Corroborative Evidence
26
When the original document is presented, is it automatically admitted?
No, it has to undergo the process of authentication except if the document is a public document.
27
What object evidence should be presented to prove filiation/paternity?
DNA (DEOXYRIBONUCLEIC ACID)
28
The following pertains the concept pf the chain of custody Rule embodied in Section 21 of the Comprehensive Dangerous Drugs Act of 2002 except?
The fact of an unauthorized possession of illegal drugs shall be sufficient to create moral certainty that would sustain the finding of guilt.
29
Which statement is not true?
A, B, C are true statements
30
The rule of court provides that a documentary evidence to be admissible must comply with the following requirements except?
The document must be authenticated only by an expert witness.
31
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?
Direct Evidence
32
The testimony of the prosecution witness claiming that he was inside his house when he heard a shout aske fer help when he went out he saw A running away from the place where & 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?
Circumstancial Evidence
33
When the contents of documents, records, photographs, or numerous accounts luminous and Cannot be examined in court without great loss of time, and the fact sought to be established is only the general result of the whole, the contents of such evidence may be presented in the form of chart summary, or calculation
Summary
34
It is an acknowledgment of guilt
Confession
35
Judicial Notice is mandatory, except
As to foreign laws
36
Judicial notice can either by mandatory of discretionary. All but one of the following is NOT an example of discretionary judicial notice
The official acts of legislative, executive and judicial departments of the Philippines, the laws of nature
37
If the subject of inquiry is the contents of a document there can be no evidence of the contents other than the original of the document.
Best Evidence Rule
38
It is evidence consisting of the narration of a person, known as witness, made under oath and in the course of the judicial proceedings in which the evidence is offered.
Testimonial Evidence
39
The Rules of Court provides that a documentary evidence to be admissible must comply with the following requirements except:
The document must be authenticated only by an expert witness.
40
When the subject of the inquiry is the contents of a document, the best evidence admissible is the original document itself. This however is not an absolute rule. All but one of the following are the exceptions to the best evidence rule.
When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter produce it after reasonable notice
41
Can a mentally incapacitated or an immature person testify in court?
Yes as long as they can understand the nature of an oath, can comprehend facts they are going to testify on, and can communicate their ideas, and can make known their perception to others.
42
Atty. Reshyl asked the court for her to be allowed in presenting and offering secondary evidence. Under the Rules of Court Atty. Reshyl's evidence may be admitted only by laying the basis for its production. Specifically, laying such basis requires all of the following except?
She must present witnesses that such original document has been lost, destroyed or otherwise cannot be produced in court.
43
Considering the qualifications required of a would-be witness ,who among the following is INCOMPETENT to testify?
A person under the influence of drugs when the event he is asked to testify on took place
44
The following are example of Documentary Evidence, except:
All of the above
45
Onyok witnessed the killing of Benny by Joaquin. A subpoena was served to Onyok but because of the fear for his life, he refuses to testify in court. Can the court punish Onyok for contempt?
No, since Onyok has a valid reason for not testifying. A witness cannot be compelled to testify if they have a legitimate fear for their safety.
46
in civil action for specific performance, the presentation of the original Deed of Sale as an evidence of the terms of the agreement between the parties is considered as?
Direct Evidence
47
in a murder case. Ras testified that she saw Sam hacked Tom several times causing the latter's demise. The testimony of Ras is an example of?
Positive Evidence