__________1.
Which of the following best describes the “best evidence rule”? (a) the subject
of the inquiry is the document (b) only
the original document shall be offered (c)
the subject of inquiry is not the document itself but its contents (d) no other evidence shall be admissible other
than the original itself (e) Xerox copy is admissible when the subject of the inquiry
is not the contents of the document.
__________2.
During the hearing the issue of the case is whether the Deed of Sale is authentic.
The plaintiff however does not have a copy of the Deed of Sale since he lost
it. Which of the following is applicable in the case? (a) he may secure a copy
of the Deed from the Notary Public (b) a certified true copy will do (c) it is enough that he proves the contents with a certified
copy duly certified by a custodian of the same
(d) the certified true copy from the Office of the Clerk of Court will suffice
(e) he should present witnesses in court to prove the Deed of Sale.
__________3. Which
of the following describes the “Parol evidence rule? “(a) it refers to terms of
an agreement (b) the terms were not reduced in writing (c) it only applies to
the parties who are signatories to the contract (d) no other written evidence
shall be admitted (e)
the written agreement controls and no oral evidence shall be admitted.
__________4. A
party to a written agreement generally will not be allowed to present evidence
to modify it. Which of the following is an NOT exception to the rule? (a) there
is a mistake in the written contract (b) the agreement is imperfect (c) there is an
extrinsic ambiguity (d) there was a failure to express the true intent
(e) there were other terms agreed upon after the agreement was signed.
__________5.
The language of a writing
is to be interpreted according to the legal meaning it bears in the (a) place where the property is situated (b) place of its execution (c) place agreed by
them (d) manner that they agreed it to be (e)
place of its execution unless
the parties intended otherwise.
__________6. A promissory note is stated as follows: “For value received
I promise to pay to Luis Wong the sum of Three hundred Pesos (P300,000).” Which is the most correct statement below?
(a) The note is negotiable for 300 pesos only (b) the word three hundred pesos is
controlling (c) the number P300,000 should be controlling (d)
the intention of the parties must be ascertained (e) the note is negotiable for 300 pesos only.
__________7. With
regard to the statement that “all
persons who can perceive, and perceiving, can make their known perception to others, may be witnesses”. Which of the following is most
correct? (a) Children therefore cannot be witnesses (b) old people who are
forgetful cannot be witnesses (c) blind people cannot be witnesses in court (d)
a deaf-mute cannot testify that the woman shouted for help before she was
murdered (e) insane persons are disqualified as
witnesses.
__________8. Which
of the following is true about convicted felons? (a) they are disqualified as
state witnesses (b) they cannot be admitted to a witness protection program (c) they can be witnesses, unless otherwise provided by law
(d) definitely they cannot be qualified since their credibility is ruined (e) a
convicted murderer cannot testify on a murder case.
__________9. On a case for incest, committed by the
husband to his own daughter, the wife testified against the husband. Which of
the following is correct? (a) the wife cannot testify because of the marital
privilege rule (b) the wife can testify because it is her right to do so (c)
the wife cannot testify since the marriage has to be preserved (d) the wife can testify since it is an offense against her (e) the wife cannot testify since the offended party
is the daughter not her.
__________10. “Parties
or assignor of parties to a case, or persons in whose behalf a case is
prosecuted, against an executor or administrator or other representative of a
deceased person, or against a person of unsound mind, upon a claim or demand
against the estate of such deceased person or against such person of unsound
mind, cannot testify as to any matter of fact occurring before the death of
such deceased person or before such person became of unsound mind”. This provision speaks about the (a) Best evidence
rule (b) Opinion Rule (c) Dead Man’s
Statute (d) Dead Man Rule (e) Hearsay Rule
___________11.
Which of the following is not considered as “Judicial Notice”? (a) history
of the Philippines (b) R.A. 6657 (C) A decision of the Court of Appeals (d) a municipal
ordinance (e) the boundary between Katipunan and Dipolog.
____________12.
Which of the following is NOT correct? (a) In
civil cases, an offer of compromise is not an admission of any liability
(b) generally in criminal cases, an offer of compromise is considered as
admission of guilt (c) an offer of compromise in criminal negligence is not admissible
as evidence of guilt (d) an offer to compromise a Barangay dispute is counted
against the accused (e) a plea of guilty later withdrawn is an evidence of
guilt.
_____________13.
Jose Santos is charged of Reckless Imprudence resulting to Homicide. During the
hearing the mother of the victim testified that it was Jose who paid for the
expenses of the hospitalization and the funeral services amounting to P40,000.
Which of the following is a correct statement? (a) the payment of Jose is considered as an
admission of guilt (b)
the payment is at most considered only a humanitarian gesture and not an
evidence of guilt
(c) the Judge should not have allowed said testimony as it is irrelevant in the
case (d) the receipts of said payment is admissible as proof of criminal
liability (e) the receipts can be admitted as proof of civil liability for the
injury.
_____________14. “The act, declaration or omission of a party
as to a relevant fact may be given in evidence against him”. This provision
speaks about (a) an admission by a privy (b) res gestate (c) res inter alios
acta (d) independently relevant statement (e)
admission of a party.
______________15.
IN a crime for murder, Jose the accused testified in Open Court that Mario and
Luis were his conspirators in the commission of the Crime. He also mentioned
that it was Pedro who masterminded the killing by paying him P50,000.
Which of the following statement is most correct
under the circumstances? (a) Pedro’s way of implicating Pedro and the rest is
not admissible as evidence (b) Said evidence is a judicial confession hence
must be admissible (c) The statement binds him only as the same cannot
generally prejudice other people (d)
the declaration is admissible provided that the conspiracy is shown by other
evidence (e) the
witness still has to prove that the murder was done during the existence of the
conspiracy.
______________16.
“Where one derives title to property from
another, the act, declaration, or omission of the latter, while holding the
title, in relation to the property, is evidence against the former” This
provision speaks about (a)
an admission by a privy
(b) res gestate (c) res inter alios acta (d) independently relevant statement
(e) admission of a party.
_____________17.
Luis is a notorious person in the community who is always engaged in trouble.
He is a convicted thief, and a gambler. He is presently facing a charge of
Theft. Which of the following is at best correct? (a) The prosecutor may
present evidence that he is notorious in the community (b) Evidence that he is
convicted of theft beforehand can be used as evidence against him (c) Evidence
that he stole Norma’s pomelo in her backyard is relevant (d) That he is an incorrigible theft as evidence can be
offered to prove that he has such a bad habit
(e) Similar acts as evidence is generally admissible as evidence against the
accused
_____________18.
Jose, an atheist, was shot by Pedro
using an armalite. Before he died he was able to tell his wife (who was not
there during the incident) that it was Pedro who shot him because the latter
was jealous of his booming business. Which of the following statement is most
correct? (a) Jose’s statement is hearsay and hence not admissible (b) Jose’s
statement is admissible because it is true and relevant (c) Jose statement is
admissible as part of the res gestae (d) Jose’s statement is not admissible
because he is an atheist (e) Jose statement is hearsay
but admissible as an exception thereto.
____________19.
Which best describe/s what is a res gestae? (a) startling occurrence (b)
statement giving legal significance to an equivocal act (c) startling
statements (d) statements made during a startling occurrence (e) b & d.
____________20. An
affidavit is (a) not admissible as evidence since it is hearsay (b) admissible
evidence when proven to be true (c) admissible evidence after being subjected
to a cross examination (d) not admissible when affiant does not testify about
it (e) admissible in evidence when the affiant
testifies about it subject to a cross
examination.
_____________21. A fish vendor, who was present
when the act was perpetrated, testifies
in court concerning the facts of a murdered meat inspector who was newly
assigned in the area. Which of the following statements is most correct? (a) he
is not qualified to testify whether the culprit was drunk during that time (b)
he is qualified to state that the cause of the death was the stab wounds
inflicted (c) he may testify that the meat inspector was insane during that
time (d) his testimony that the murderer
was very angry during the commission of the crime is not admissible
since he is not a psychiatrist who knows the mechanics of anger(e) he is qualified to give the opinion that it was really
the accused who murdered the victim.
___________22.
Which of the following can be considered as a disputable presumption? (a)
tenancy landlord relationship concerning a contract of lease (b) the previous
statement of a principal that he appointed Jose as his agent (c) estoppel (d)
the overt acts of Luis showing that Maria is really his wife (e) That money paid by one to another was due to the latter.
____________23. The
absentee shall not be considered dead for the purpose of opening his succession
till after an absence of (a) five (b)ten (c)
fifteen (d) twenty (e) thirty years.
_____________24.. If a person disappeared after the age of seventy-five
years, an absence of (a) five (b)ten
(c) fifteen (d) twenty (e) thirty years shall be sufficient in order that his
succession may be opened.
______________25. Which of the following is
INCORRECT?
The following shall be considered dead for all
purposes including the division of the estate among the heirs:
(a) A person on board a vessel lost during a sea voyage, or an
aircraft with is missing, who has not been heard of for five years since the
loss of the vessel or aircraft;
(b) A
member of the armed forces who has taken part in armed hostilities, and has
been missing for four years;
(c) A
person who has been in danger of death under other circumstances and whose
existence has not been known for four years;
(d) If a
married person has been absent for four consecutive years, the spouse present
may contract a subsequent marriage if he or she has well-founded belief that
the absent spouse is already death.
(e)In
case of disappearance, where there is a danger of death the circumstances
hereinabove provided, an absence of only two years shall be sufficient for the
purpose of contracting a subsequent marriage.
_____________26. Which of the following is not a
Disputable presumption?
(a) That
a person is innocent of crime or wrong;
(b) That
an unlawful act was done with an unlawful intent;
(c) That a person intends the consequences of his voluntary act;
(d) That
a person takes ordinary care of his concerns;
(e) That
evidence willfully suppressed would be adverse if produced.
______________27. Which of the following is a
correct disputable presumption?
(a) That
money erroneously paid by one to another was not due to the latter;
(b) That
a thing misdelivered by one to another belonged to the latter;
(c) That
an obligation delivered up to the debtor has been unpaid;
(d) That
prior rents or installments had been paid when a receipt for the later one is
concealed;
(e) That a person found in possession of a thing taken in the doing
of a recent wrongful act is the taker and the doer of the whole act.
______________28. Which of the following is
INCORRECT? (a) the baby of a woman who marries after 360 days of the death of
her husband and who gets pregnant by her second husband is deemed to be the
child of the second marriage (b) a baby born of a woman who married before 180
days of the death of her husband is deemed to be the child of the first
marriage (c) ) A child born after one hundred eighty
days following the celebration of the subsequent marriage is considered to have
been conceived during such marriage, even though it be born within the three
hundred days after the termination of the former marriage (d) A child
born after one hundred eighty days after the solemnization of the subsequent
marriage is considered to have been conceived during such marriage, even though
it be born within the three hundred days after the termination of the former
marriage (e) none of the above.
_____________29.Which of the following is considered as a public document? (a) a birth
certificate issued by the Register of Deeds (b) a certificate of Title issued
by the Civil Registrar (c) a Deed of Sale notarized by a vice mayor who is a
lawyer (d) a notarized last will and testament (e) a
board examination result issued by the PRC.
_______________30.Which of the
following is INCORRECT?
(A) In the construction of an
instrument, where there are several provisions or particulars, such a
construction is, if possible, to be adopted as will give effect to what is
really intended.
(B) In the
construction of an instrument, the intention of the parties is to be pursued;
and when a general and a particular provision are inconsistent, the latter is
paramount to the former.
(C)For
the proper construction of an instrument, the circumstances under which it was
made, including the situation of the subject thereof and of the parties to it,
may be shown, so that the judge may be placed in the position of those who language
he is to interpret.
(D) The
terms of writing are presumed to have been used in their primary and general
acceptation.
(E)
When the terms of an agreement have been intended in a different sense by the
different parties to it, that sense is to prevail against either party in which
he supposed the other understood it, and when different constructions of a
provision are otherwise equally proper, that is to be taken which is the most
favorable to the party in whose favor the provision was made
______________31. Which of the
following is hearsay? (a) dying declaration (b) res gestae (c) family
reputation (d) all of the above (e) none of the
above.
______________32. Jose executed a Deed
of Sale of Real Property before the presence of the Barangay captain, and his
two Barangay tanods. Since there is no lawyer in the area, the deed of sale was
not notatized. Which of the following is Correct? (a) the Deed of sale is a
private document (b) the deed of sale is considered a public document since it
was executed before the Barangay captain and complete with two witnesses (c)
there is no need to prove the due execution of said document (d) there is a need to prove its authenticity by presenting
the testimony of the Barangay captain at least (e) the document is originally
signed by Jose so it is a public document.
_____________33. “No person may be compelled to
testify against his parents, other direct ascendants, children or other direct
descendants”. This is known as the (a) filial privilege (b) parental privilege
(c) pedigree rule (d)
a and b
(e) a, b, and c
_____________34. Which of the following
is considered a corpus delicti? (a) the charred body of an arson victim (b) the
can which contained gasoline (c) the fact that the accused stored rugs in the
room where the fire started (d) the information that fire started at the basement
of the building (e) all of the above.
______________35. (Simangan v. People, 2004) Accused was convicted of homicide. Among
the evidence presented against him was his admission to a classmate that he was
one of those who killed the victim. Which of the following statements is most correct?
(a) the testimony is admissible because it is an admission (b) the testimony is not admissible because it
is hearsay (c) the admission of accused to his classmate that he was one of the
killers is pure hearsay (d) the testimony of his classmate was offered to prove
an extrajudicial admission (e) it is an admission
against interest which is admissible under the rules of court.
______________36.
(People v. Gaudia, 2004)Accused was
charged of raping a 3 year-old child. Part of the evidence presented against
him during the trial was the offer of compromise made by his parents to the
parents of the victim. Which of the following statements is at best correct?
(a) it can be considered as evidence against the accused since criminal cases
are not compromisable (b) it cannot be considered as admission since there is
no evidence to show that he ordered his parent to make a compromise (c) following the principle of res inter alios acta, the act
of the parents in offering a compromise does not bind the accused, hence the
evidence is inadmissible against him (d)
the accused is bound by the acts of compromise offered by the parents since he
is close to them and hence a privy (e)
it cannot be used as evidence of guilt against the accused since making
an offer of compromise is irrelevant in determining his guilt.
______________37. (Lim v. CA, Sept. 25, 1992)A
confidential psychiatric evaluation report is being presented in evidence
before the trial court in a petition for annulment of marriage grounded on
psychological incapacity. The witness testifying on the report is the husband
who initiated the annulment proceedings, not the physician who prepared the
report. Which of the following is at best correct? (a) the testimony of the
husband is not admissible since he is not an expert witness (b) the testimony
of the husband is inadmissible since the psychiatric report is confidential and
the consent of the wife is needed (c)
the testimony is admissible since what is prohibited under the rules is the
physician to testify about it
(d) the testimony is admissible since it is a relevant issue in the civil case
at bar (e) the husband is disqualified to testify on a psychiatric evaluation
report as it was not him who prepared it.
____________38.( People v. Garcia, april 1, 2003)The
police arrested three persons as suspects in the crime of carnapping. While
detained at the police station, the owner of the vehicle confronted the three
accused about the crime. Two of the accused admitted having perpetrated the
crime and implicated their third companion because they were in dire need of
money. The third however, kept quiet.
Which
of the following statements is most correct? (a) this is considered as an
invalid admission by silence hence not admissible against the third accused (b)
the statement is not admissible as it is a fruit of the poisonous tree (c) the
statement is inadmissible different persons react differently to different
stimulus (d) the statement is inadmissible as it violates the right of the
accused to remain silent (e)
the evidence may be given against him since it was made in the presence and
within hearing distance but he did not say anything which under the rules is
considered as an adoptive admission.
_____________39.(Herrera
v. Ballos, 2002) The MTC dismissed a forcible entry case on the ground that it
has not jurisdiction. ON appeal the RTC reversed the decision and ordered
defendant to vacate the land and pay plaintiff damages including a monthly
rental of P2,000. There was, however, no evidence presented on the rental value
of the disputed premises. Which of the following statements is correct? (a) the
court can take judicial notice of the reasonable monthly rental since he is
familiar with the building (b) the court cannot take judicial notice
of rental value since it is a factual matter and must be supported with
evidence(c)
there is a violation of due process
since evidence is not presented (d) there is no need to present evidence since
this is a summary procedure which does not need trial (e) the rental value can
be taken judicial notice since it is one of public knowledge in the area where
the judge is residing.
_____________40.(Abalos
v. CA, 1999) Delfin Abalos was convicted by the RTC of murder. The killing was
witnessed by Veronica Pedrosa who testified that Abalos shot the victim, her
boyfriend, in her house at close range. Abalos argues that there is not enough
evidence to convict him because the paraffin test conducted on him yielded
negative for powder burns on his hand hence confirming that he never fired the
shot that killed the victim. Which statement is best correct? (a) Abalos is
correct, he could not have killed the victim since there is no evidence against
him that he fired a gun (b)
Abalos is wrong, the paraffin test is not conclusive that he did not fire a gun (c) Abalos is correct since the
paraffin test is conclusive that he did not fire a gun (d) Abalos should be
acquitted since there is no strong evidence against him (e) the evidence that
he did not fire a gun was duly established by him.
PART
II. Memorandum Preparation/ or Preparation of Argument (5 points each).
1.(
Abella v. CA, June 20, 1996)The lessor issued a receipt which reads as
follows: “RECEIVED FROM MR. CONRADO O. COLARINA, THE SUM OF FORTY THOUSAND
PESOS AS ADVANCE DEPOSIT, TO ANSWER FOR ANY RENTAL WHICH MR. CONRADO COLARINA
MAY FAIL TO PAY DURING THE TERM OF THE LEASE AS PER CONTRACT DATED 26TH
DAY OF MAY, 1987 NOTARIZED BEFORE ATTY. OSCAR VILLAMORA. In a subsequent
litigation involving the lease contract, however, the lessor presented witnesses to show that the P40,000
is merely “goodwill money”.
YOU
ARE HIRED BY MR. Conrado Colarina to file the case, prepare a memorandum in his
favor. In short, make an argument for him to win this case by stating the
issues, and how the court must resolve the case in his favor.
2.(People v. Tandoy, December 4,
1990) The charge against the accused was for illegal sale of marijuana in the
amount of P200.00. The prosecution,however, marked only a photocopy of the P200
– bill which was used by the police in the buy-bust operation. The defense
moved to disregard said evidence as it is contrary to the evidence rule.
You are now the
Prosecutor, prepare a memorandum to convince that judge that the said evidence
is admissible.
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