sample questions for study

1.The case of PP V. GONZALES (311 SCRA 547) ENUMERATED THE THREE REQUISITES FOR A CHILD WITNESS TO BE COMPETENT, WHAT ARE THESE?

2.Accused is charged of murder. The Judge issued a warrant of arrest without bail. Accused filed a motion for bail alleging that evidence against him is not strong. The bail hearing was conducted, and Elizabeth was offered as witness. The bail was not granted on the basis of her testimony. In the trial proper, Elizabeth was presented as principal witness. Due to lack of material time, and in giving the defense ample time to cross-examine Elizabeth, the trial was set on another date for the cross-examination.

Before the cross-examination could be conducted, Elizabeth died of cardiac arrest.

The defense moved that the testimony of Elizabeth be expunged for lack of cross-examination.

On the other hand, the prosecution moved that the testimony of Elizabeth during the bail hearing be adopted as part of her main testimony.

As judge how would you rule on the two motions.

3. In a case for property heirship, the alleged niece testified about her ‘being a niece” to the decedent. She testified that allegedly, her deceased childless Aunt, the owner of the property in questions, since her lifetime had always declared her as her niece, who would be capacitated to inherit her property.

                The adverse party claims that it is hearsay evidence, and hence inadmissible.

The Judge sustained the objection. Is the Judge Correct?

4. Do you agree with the ruling of the judge when he decided that ” Neither do the tax receipts which were presented in evidence prove ownership of the parcels of land inasmuch as the weight of authority is that tax declarations are not conclusive proof of ownership in land registration cases” ? Why? What is the correct rule with respect to tax declarations used as evidence to prove ownership of land?

5. (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?

6. To successfully invoke the defense of alibi as a defense in a criminal case, what evidence must be adduced by the accused?

7. 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.

8. When  do you make an offer of a testimonial evidence? What about documentary and object evidence?

9. What do you mean by the “ancient document rule”? What are the requisites?

10. To prove New York law and jurisprudence on damages, defendants presented the affidavit of Alyssa Walden, a New York attorney. The affidavit discussed various court decisions copies of which were attached to the affidavit. Is it sufficient as proof of foreign law?

END OF THE EXAMINATION