1.(a)In a labor case for the dismissal of an employee for alleged
commission of a criminal act, what quantum of proof must be established by the
employer to justify the dismissal?
(b) In an agrarian dispute involving tenancy relations, what
quantum of proof is required to establish one’s claim?
© In an administrative case against a judge for bribery, extortion
and violation of the anti-graft law which can result to removal, what quantum
of proof is required to convict him?
(d) In an administrative case against a judge, when is there
substantial evidence as to justify a conviction?
(e) In an
administrative complaint against a court employee for forgery and dishonesty,
what quantum of proof is required to convict her?
2.IN their motion to dismiss based on lack of legal capacity to
sue, defendants asserted that their transaction was not with Merrill Lynch but
with another corporation. To prove this, defendants attached documents in
support of their motion. Even without the documents being offered in evidence,
the court took them into consideration and dismissed the complaint. Is the
court correct? Explain.
3. In convicting the accused in People v. Ador (22004) for murder,
the trial court relied on the following circumstances to wit: (1) that he was
seen fleeing from the crime scene (2) that he allegedly surrendered the hand
gun (3) that the slug taken from the head of the victim was fried from the gun
he surrendered (4) that the victim made a dying declaration identifying him and
(5) paraffin test showed that he was positive for gunpowder. IS THE CONVICTION
PROPER?
4.IN People v. Dungo (1991), the accused claims insanity as a
defense in a criminal prosecution. What degree of evidence is required in order
that he would be exempted from criminal liability?
5. Accused in the case of People v. Barlis (1994) duly assisted by
counsel, confessed to having robbed the watches, jewelry and cash, and then
killed one Honorian Balmaseda. During his trial, the confession was presented and
admitted in evidence. Insofar as the robbery is concerned, the extra-judicial
statement of the accused constituted as the only evidence of the taking of the
property of the victim. Based on said premises, (a) is the conviction of the
accused for the crime of robbery proper? (b) can he be convicted of homicide?
6.To successfully invoke the defense of alibi as a defense in a
criminal case, what evidence must be adduced by the accused?
7.Accused together with another , was charged with the crime of
robbery with homicide. While the victim did not personally know the accused,
she was able to identify him through a photograph shown to her at the police
station. Can the accused challenge his out-of-court identification on the
ground that it was not done through a police line-up?
8. In a land
dispute, the defendants offered to compromise the case by offering P20,000 cash
for the dismissal of the case. The plaintiffs did not agree, and so the case
for recovery of possession pushed through. During trial, the plaintiff
testified about the offer of compromise. The defendant objected to its
admissibility. As judge would you admit said testimony?
9.The general rule is that documents not formally offered in
evidence cannot be considered by the court. State at least three exceptions of
that rule.
10.When do you make an
offer of a testimonial evidence? What about documentary and object evidence?
END OF THE EXAMINATION
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