FINAL EXAMINATION IN EVIDENCE
   INSTRUCTION: Write your answer in the Examination booklet. With respect to the MCQ write the letter of your choice only.
   1.       What is the meaning of Vigilantibus, non dormientibus, jura subveniunt? What rule of evidence is applicable in said maxim?
   2.       Distinguish Section 23 from Sec. 38 of Rule 130 of the Rules of Court?
      3.        Bearing in mind the distinction between private and public document, which of the following is admissible in evidence without further proof of due execution or 
   genuineness?
   A. Baptismal certificates.
   B. Official record of the Philippine Embassy in Singapore certified by the Vice-
                    Consul with  official seal.
   C. Documents acknowledged before a Notary Public in Hong Kong.
   D. Unblemished receipt dated December 20, 1985 signed by the promisee, 
   showing payment of a loan, found among the well-kept file of the promissor.
   5. In a case, the prosecutor asked the medical expert the question, “Assuming 
   that the assailant was behind the deceased before he attacked him, would you 
   say that treachery attended the killing?”  Is this hypothetical question 
   permissible?
   A. No, since it asks for his legal opinion.
   B. Yes, but conditionally, subject to subsequent proof that the assailant was 
   indeed behind the deceased at that time.
   C. Yes, since hypothetical questions may be asked of an expert witness.
   D. No, since the medical expert has no personal knowledge of the fact.
   6. Arvin was caught in flagrante delicto selling drugs for P200,000.00.  The 
   police officers confiscated the drugs and the money and brought them to the 
   police station where they prepared the inventory duly signed by police officer 
   Oscar Moreno.  They were, however, unable to take pictures of the items.  Will 
   this deficiency destroy the chain of custody rule in the drug case?
   A. No, a breach of the chain of custody rule in drug cases, if satisfactorily
   explained, will not negate conviction.
   B. No, a breach of the chain of custody rule may be offset by presentation in 
   court of the drugs.
   C. Yes, chain of custody in drug cases must be strictly observed at all times to 
   preserve the integrity of the confiscated items.
   D. Yes, compliance with the chain of custody rule in drug cases is the only way to 
   prove the accused’s guilt beyond reasonable doubt.
   7. Which of the following admissions made by a party in the course of judicial 
   proceedings is a judicial admission?
   A. Admissions made in a pleading signed by the party and his counsel intended 
   to be filed.
   B. An admission made in a pleading in another case between the same parties.
   C. Admission made by counsel in open court.
   D. Admissions made in a complaint superseded by an amended complaint.
   8. What defenses may be raised in a suit to enforce a foreign judgment?
   A. That the judgment is contrary to Philippine procedural rules.
   B. None, the judgment being entitled to full faith and credit as a matter of general 
   comity among nations.
   C. That the foreign court erred in the appreciation of the evidence.
   D. That extrinsic fraud afflicted the judgment.
   9. Cindy charged her husband, George, with bigamy for a prior subsisting 
   marriage with Teresa.  Cindy presented Ric and Pat, neighbors of George and 
   Teresa in Cebu City, to prove, first, that George and Teresa cohabited there and, 
   second, that they established a reputation as husband and wife.  Can Cindy 
   prove the bigamy by such evidence?
   A. Yes, the circumstantial evidence is enough to support a conviction for bigamy.
   B. No, at least one direct evidence and two circumstantial evidence are required 
   to support a conviction for bigamy.
   C. No, the circumstantial evidence is not enough to support a conviction for
   bigamy.
   D. No, the circumstantial evidence cannot overcome the lack of direct evidence 
   in any criminal case.
   10.To prove payment of a debt, Bong testified that he heard Ambo say, as the 
   latter was handing over money to Tessie, that it was in payment of debt.  Is 
   Bong’s testimony admissible in evidence?
   A. Yes, since what Ambo said and did is an independently relevant statement.
   B. No, since what Ambo said and did was not in response to a startling 
   occurrence.
   C. No, since Bong’s testimony of what Ambo said and did is hearsay.
   D. Yes, since Ambo’s statement and action, subject of Bong’s testimony,
   constitutes a verbal act.
   11.  Considering the qualifications required of a would-be witness, who among 
   the following is INCOMPETENT to testify?
   A. A person under the influence of drugs when the event he is asked to testify on 
   took place.
   B.  A person convicted of perjury who will testify as an attesting witness to a will.
   C. A deaf and dumb.
   D. A mental retardate.
   12. 42. During trial, plaintiff offered evidence that appeared irrelevant at that time but 
   he said he was eventually going to relate to the issue in the case by some future 
   evidence.  The defendant objected.  Should the trial court reject the evidence in 
   question on ground of irrelevance?
   A. No, it should reserve its ruling until the relevance is shown.
   B. Yes, since the plaintiff could anyway subsequently present the evidence anew.
   C. Yes, since irrelevant evidence is not admissible.
   D.  No, it should admit it conditionally until its relevance is shown.
   13.  Ben testified that Jaime, charged with robbery, has committed bag-snatching 
   three times on the same street in the last six months.  Can the court admit this 
   testimony as evidence against Jaime?
   A. No, since there is no showing that Ben witnessed the past three robberies.
   B. Yes, as evidence of his past propensity for committing robbery.
   C. Yes, as evidence of a pattern of criminal behavior proving his guilt of the 
   present offense.
   D.  No, since evidence of guilt of a past crime is not evidence of guilt of a present
   crime.
   14.   Alex filed a petition for writ of amparo against Melba relative to his daughter 
   Toni's involuntary disappearance.  Alex said that Melba was Toni's employer, 
   who, days before Toni disappeared, threatened to get rid of her at all costs. On 
   the other hand, Melba countered that she had nothing to do with Toni's 
   disappearance and that she took steps to ascertain Toni's whereabouts.  What is 
   the quantum of evidence required to establish the parties' respective claims?
   A. For Alex, probable cause; for Melba, substantial evidence.
   B. For Alex, preponderance of evidence; for Melba, substantial evidence.
   C. For Alex, proof beyond reasonable doubt; for Melba, ordinary diligence.
   D. For both, substantial evidence.
   15. In which of the following situations is the declaration of a deceased person 
   against his interest NOT ADMISSIBLE against him or his successors and against 
   third persons?
   A. Declaration of a joint debtor while the debt subsisted.
   B. Declaration of a joint owner in the course of ownership.
   C. Declaration of a former co-partner after the partnership has been dissolved.
   D. Declaration of an agent within the scope of his authority
   16. Henry testified that a month after the robbery Asiong, one of the accused, 
   told him that Carlos was one of those who committed the crime with him.  Is 
   Henry’s testimony regarding what Asiong told him admissible in evidence against 
   Carlos?
   A. No, since it is hearsay.
   B. No, since Asiong did not make the statement during the conspiracy.
   C. Yes, since it constitutes admission against a co-conspirator.
   D. Yes, since it part of the res gestae.
   17. Which of the following CANNOT be disputably presumed under the rules of 
   evidence?
   A. That the thing once proved to exist continues as long as is usual with things of 
   that nature.
   B. That the law has been obeyed.
   C. That a writing is truly dated.
   D. That a young person, absent for 5 years, it being unknown whether he still
   lives, is considered dead for purposes of succession
   18. Character evidence is admissible
   A. in criminal cases, the accused may prove his good moral character if
       pertinent to the moral trait     involved in the offense charged.
   B. in criminal cases, the prosecution may prove the bad moral character of the 
   accused to prove his criminal predisposition.
   C. in criminal cases, the bad moral character of the offended party may not be 
   proved.
   D. when it is evidence of the good character of a witness even prior to 
   impeachment.
   19. Which of the following matters is NOT A PROPER SUBJECT of judicial 
   notice?
   A. Persons have killed even without motive.
   B. Municipal ordinances in the municipalities where the MCTC sits.
   C. Teleconferencing is now a way of conducting business transactions.
   D.  British  law on succession personally known to the presiding judge.
   20. Which of the following is NOT REQUIRED of a declaration against interest as 
   an exception to the hearsay rule?
   A. The declarant had no motive to falsify and believed such declaration to be 
   true.
   B. The declarant is dead or unable to testify.
   C. The declaration relates to a fact against the interest of the declarant.
   D.  At the time he made said declaration he was  unaware that the same was
   contrary to his aforesaid interest.
   21. To prove the identity of the assailant in a crime of homicide, a police officer 
   testified that, Andy, who did not testify in court, pointed a finger at the accused in 
   a police lineup.  Is the police officer’s testimony regarding Andy's identification of 
   the accused admissible evidence?
   A. Yes, since it is based on his personal knowledge of Andy’s identification of the 
   accused.
   B. Yes, since it constitutes an independently relevant statement.
   C. No, since the police had the accused identified without warning him of his 
   rights.
   D. No, since the testimony is hearsay
   22. In which of the following cases is the testimony in a case involving a 
   deceased barred by the Survivorship Disqualification Rule or Dead Man Statute?
   A.  Testimony against the heirs of the deceased defendant who are substituted
   for the latter.
   B. The testimony of a mere witness who is neither a party to the case nor is in 
   privity with the latter.
   C. The testimony of an oppositor in a land registration case filed by the 
   decedent’s heirs.
   D. The testimony is offered to prove a claim less than what is established 
   under a written document signed by the decedent.
   23. To prove that Susan stabbed her husband Elmer, Rico testified that he heard 
   Leon running down the street, shouting excitedly, “Sinasaksak daw ni Susan ang 
   asawa niya! (I heard that Susan is stabbing her husband!)”  Is Leon's statement 
   as narrated by Rico admissible?
   A. No, since the startling event had passed.
   B. Yes, as part of the res gestae.
   C. No, since the excited statement is itself hearsay.
   D. Yes, as an independently relevant statement
   24. Which of the following means res gestae? (a) of things done (b) of things said (c) startling occurrence (d) spontaneous statement (e) a thing uttered
   25.  What are the requisites for an “ancient document” to be admitted as evidence in court? Explain.
   END OF THE EXAMINATION
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