McQ CLJ 5 EVIDENCE - Quiz
  • 1. What is evidence under Rule 128?
A) Only physical objects
B) The means sanctioned by the Rules of ascertaining truth respecting a matter of fact in a judicial proceeding
C) Only testimony given by a witness
D) Any information a party wants to present
  • 2. When is evidence admissible?
A) Only when it is documentary
B) Whenever a party offers it
C) When it is relevant to the issue and not excluded by the Constitution, law, or Rules
D) When it is popular and persuasive
  • 3. What is the general rule on relevancy?
A) Only documentary evidence is relevant
B) Only expert evidence is relevant
C) Evidence must relate to the fact in issue
D) All evidence is relevant
  • 4. Evidence on collateral matters is generally:
A) Always admissible
B) Not allowed unless it reasonably tends to establish probability or improbability of the fact in issue
C) Conclusive
D) Always required
  • 5. Which is object evidence?
A) A pleading
B) A witness's opinion
C) A judicial admission
D) A physical object relevant to the fact in issue
  • 6. Documentary evidence under the amended rules includes:
A) Writings, recordings, photographs, or materials containing letters, words, sounds, numbers, figures, symbols, or equivalents offered to prove contents
B) Only public records
C) Only handwritten documents
D) Only contracts
  • 7. The Original Document Rule generally applies when the subject of inquiry is:
A) The identity of counsel
B) The credibility of a judge
C) The contents of a document
D) The character of a witness
  • 8. Which is an exception to the Original Document Rule?
A) The party simply prefers a photocopy
B) The document is inconvenient to carry
C) The witness forgot the original
D) The original has been lost or destroyed without bad faith by the offeror
  • 9. If the original is under the control of the adverse party and is not produced after reasonable notice, the rule may permit:
A) Character evidence
B) Judicial notice
C) Automatic dismissal
D) Secondary evidence as allowed by the Rules
  • 10. The Original Document Rule may allow proof of a general result when originals consist of:
A) Numerous accounts or documents that cannot be examined without great loss of time
B) One short letter
C) A witness statement
D) A single photograph
  • 11. A public record in the custody of a public officer may fall under:
A) An exception to the Original Document Rule
B) The character rule
C) The privilege rule
D) The opinion rule
  • 12. Under Rule 129, a court shall take judicial notice of:
A) Every allegation in a complaint
B) Any rumor
C) Matters specifically made mandatory by the Rules
D) Any fact requested by counsel
  • 13. Which is subject to mandatory judicial notice?
A) The political Constitution and history of the Philippines
B) A disputed witness statement
C) A newspaper editorial
D) A party's private opinion
  • 14. A court may take discretionary judicial notice of matters that are:
A) Always disputed
B) Merely alleged
C) Public knowledge, capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions
D) Secret
  • 15. During pre-trial or trial, before taking judicial notice, the court shall:
A) Dismiss the case
B) Automatically grant it
C) Require a jury vote
D) Hear the parties on the propriety of taking judicial notice
  • 16. A judicial admission made by a party in the course of proceedings in the same case:
A) Is never binding
B) Requires expert proof
C) Is admissible only in another case
D) Does not require proof
  • 17. A judicial admission may be contradicted by showing:
A) The lawyer changed his mind
B) It was inconvenient
C) Palpable mistake or that the imputed admission was not actually made
D) The opposing party objected
  • 18. The burden of proof is the duty to:
A) Cross-examine every witness
B) Present evidence on facts in issue necessary to establish a claim or defense by the amount required by law
C) Prove every collateral matter
D) Produce the greatest number of exhibits
  • 19. A conclusive presumption generally:
A) Is merely a suggestion
B) Applies only to witnesses
C) May always be rebutted
D) Cannot be contradicted by evidence when the rule applies
  • 20. Which is a conclusive presumption under Rule 131?
A) A person is presumed innocent of crime
B) A person takes ordinary care
C) A tenant is not permitted to deny the landlord's title at the commencement of the landlord-tenant relation
D) Official duty is presumed regularly performed
  • 21. Which is a disputable presumption?
A) A person is innocent of crime or wrong
B) A final judgment
C) A tenant cannot deny the landlord's title at commencement
D) A judicial admission
  • 22. A disputable presumption is one that:
A) Is equivalent to a final judgment
B) Can never be challenged
C) Can be contradicted and overcome by other evidence
D) Requires no legal basis
  • 23. The presumption that a person intends the ordinary consequences of voluntary acts is:
A) Conclusive
B) Disputable
C) Not recognized
D) Irrebuttable only in civil cases
  • 24. The presumption that official duty has been regularly performed is:
A) Disputable
B) Never recognized
C) A privilege
D) Conclusive
  • 25. The presumption that private transactions have been fair and regular is:
A) Conclusive
B) A privilege
C) Disputable
D) Never recognized
  • 26. The presumption that a letter duly directed and mailed was received in the regular course of mail is:
A) Conclusive
B) A judicial admission
C) An opinion
D) Disputable
  • 27. In civil cases, the general standard is:
A) Proof beyond reasonable doubt
B) Preponderance of evidence
C) Mere suspicion
D) Absolute certainty
  • 28. In criminal cases, guilt must generally be shown:
A) By substantial evidence
B) By mere allegation
C) Beyond reasonable doubt
D) By a preponderance of evidence
  • 29. Preponderance of evidence concerns the:
A) Superior weight of evidence on the issues involved
B) Length of trial
C) Number of witnesses only
D) Personal preference of counsel
  • 30. In determining preponderance, the court may consider:
A) Witnesses' manner of testifying and their opportunity to know the facts
B) Only the number of witnesses
C) Only the age of the judge
D) Only documentary evidence
  • 31. The number of witnesses is:
A) The only factor
B) Irrelevant in all cases
C) Always decisive
D) Not necessarily controlling in determining preponderance
  • 32. Proof beyond reasonable doubt requires:
A) Absolute mathematical certainty
B) The level of proof required for conviction in a criminal case, but not absolute or mathematical certainty
C) Proof by rumor
D) Only suspicion
  • 33. The ordinary order of examination of an individual witness begins with:
A) Cross-examination
B) Re-cross-examination
C) Direct examination
D) Re-direct examination
  • 34. After direct examination comes:
A) Cross-examination
B) Re-cross-examination
C) Re-direct examination
D) Judgment
  • 35. After cross-examination comes:
A) Re-direct examination
B) Judgment
C) Re-cross-examination
D) Another direct examination automatically
  • 36. The last stage in the ordinary order is:
A) Re-direct examination
B) Cross-examination
C) Re-direct examination
D) Re-cross-examination
  • 37. Direct examination is conducted by:
A) The judge only
B) The court reporter
C) The party presenting the witness
D) The opposing party
  • 38. Cross-examination is conducted by:
A) The stenographer
B) The opposing party
C) The party presenting the witness
D) The clerk
  • 39. The examination of witnesses in trial or hearing is generally done:
A) In secret
B) Only through written statements
C) Without recording
D) In open court and under oath or affirmation
  • 40. Unless a witness is incapacitated to speak or the question calls for another mode of answer, answers are generally:
A) Given by counsel
B) Given anonymously
C) Given only by affidavit
D) Given orally
  • 41. A witness has the right to be protected from:
A) All cross-examination
B) Relevant questions
C) Irrelevant, improper, or insulting questions and harsh or insulting demeanor
D) All questions about the case
  • 42. A witness should not be detained longer than:
A) Three days
B) The interests of justice require
C) The judge's personal preference
D) One hour
  • 43. A witness generally need not answer a question that will tend to:
A) Establish a claim against the witness
B) Identify a document
C) Subject the witness to a penalty for an offense, unless otherwise provided by law
D) Establish a fact in issue
  • 44. A witness must answer regarding:
A) Every embarrassing matter
B) The fact of a previous final conviction for an offense
C) Any irrelevant rumor
D) Any confidential communication
  • 45. Leading questions are generally questions that:
A) Suggest the answer desired by the examiner
B) Concern only documents
C) Require expert testimony
D) Are asked only by the judge
  • 46. On direct examination, leading questions are generally:
A) Allowed without exception
B) Not allowed, subject to recognized exceptions
C) The only proper form
D) Required
  • 47. On cross-examination, leading questions are generally:
A) Required for every question
B) Allowed only in civil cases
C) Allowed
D) Never allowed
  • 48. A hostile witness may generally be examined by the proponent using:
A) Only judicial notice
B) No questions
C) Leading questions, subject to the Rules
D) Only an affidavit
  • 49. Refreshing recollection means:
A) Automatically admitting the writing as evidence
B) Giving an expert opinion
C) Taking judicial notice
D) Using a writing or other aid to revive a witness's recollection
  • 50. When a witness uses a writing to refresh memory, the adverse party may generally:
A) Inspect the writing under the applicable rule
B) Never see it
C) Destroy it
D) Treat it as a judicial admission
  • 51. A witness generally testifies based on:
A) Counsel's instructions
B) Personal knowledge of the facts, subject to recognized exceptions
C) Public opinion
D) Speculation
  • 52. The hearsay rule generally excludes:
A) All eyewitness testimony
B) Out-of-court statements offered to prove the truth of the matters asserted, subject to exceptions
C) All documentary evidence
D) All admissions
  • 53. An out-of-court statement offered only to show that it was made, rather than for its truth, is generally:
A) Always hearsay
B) Always inadmissible
C) A judicial admission
D) Not hearsay for that limited purpose
  • 54. An admission by a party may be:
A) Admissible against that party under the Rules
B) Admissible only if made in court
C) Valid only when notarized
D) Always excluded as hearsay
  • 55. The hearsay rule has:
A) Recognized exceptions under the Rules
B) Always excluded as hearsay
C) Valid only when notarized
D) Always excluded as hearsay
  • 56. The hearsay rule has:
A) Only one exception
B) No application in criminal cases
C) Recognized exceptions under the Rules
D) No exceptions
  • 57. A dying declaration is traditionally recognized as:
A) An expert opinion
B) A conclusive presumption
C) A judicial admission
D) An exception to the hearsay rule subject to its requirements
  • 58. A dying declaration generally relates to:
A) A judge's personal opinion
B) Any unrelated gossip
C) The cause or circumstances of the declarant's impending death, subject to the Rule's requirements
D) Only matters after judgment
  • 59. Res gestae is traditionally associated with:
A) Public documents only
B) Judicial notice only
C) Character evidence only
D) Statements or acts closely connected with a startling occurrence under applicable requirements
  • 60. The business records exception generally concerns:
A) Private opinions
B) Anonymous posts
C) Any document found in an office
D) Records made in the regular course of business under the requirements of the Rules
  • 61. A public record may receive evidentiary treatment based on:
A) The applicable rules governing public documents and official records
B) Its length
C) Its attractive appearance
D) Its age alone
  • 62. The parol evidence rule concerns evidence offered to:
A) Establish judicial notice
B) Prove a witness's age
C) Vary, alter, or contradict the terms of a written agreement, subject to the Rule's requirements and exceptions
D) Replace all object evidence
  • 63. Under the parol evidence rule, the written agreement is generally regarded as:
A) Merely a suggestion
B) Irrelevant
C) Containing the agreement of the parties, subject to recognized exceptions
D) Automatically void
  • 64. A public document is generally one:
A) Signed by any two private perso
B) Falling within the categories recognized by the Rules, including certain acts of public officers in official capacity
C) Stored on a personal phone
D) Printed in a newspaper
  • 65. A private document generally requires:
A) A government seal in every case
B) No authentication in every case
C) Proof only by a judge's statement
D) Authentication as required by the Rules
  • 66. Electronic evidence may include:
A) Only handwritten notes
B) Digital records and other electronic data recognized by applicable rules
C) Only physical photographs
D) Only paper contracts
  • 67. The 2019 amendments expanded documentary evidence to include:
A) Recordings and photographs, among other forms
B) Only notarized contracts
C) Only government records
D) Only printed books
  • 68. Authentication generally establishes:
A) That the evidence is automatically truthful
B) That the evidence is conclusive
C) That the evidence is what its proponent claims it to be
D) That no objection is possible
  • 69. The former 'Best Evidence Rule' is now referred to as the:
A) Sole Evidence Rule
B) First Statement Rule
C) Original Document Rule
D) Primary Witness Rule
  • 70. The former 'Best Evidence Rule' is now referred to as the:
A) Primary Witness Rule
B) First Statement Rule
C) Original Document Rule
D) Sole Evidence Rule
  • 71. The general rule on opinion evidence is that:
A) Every opinion is admissible
B) Only lawyers may give opinions
C) Opinion is always conclusive
D) Opinion of a witness is generally not admissible except as allowed by the Rules
  • 72. An expert witness may give an opinion on a matter requiring special knowledge, skill, experience, training, or education when the witness:
A) Is related to a party
B) Is merely interested in the case
C) Is shown to possess the required qualification
D) Is a party
  • 73. An ordinary witness may give an opinion concerning:
A) The identity of a person about whom the witness has adequate knowledge
B) The guilt of an accused as a legal conclusion
C) Any scientific issue without basis
D) The proper legal judgment
  • 74. An ordinary witness may testify about handwriting when:
A) The witness is related to the writer
B) The witness has sufficient familiarity with it
C) The witness has never seen it
D) The witness is a lawyer
  • 75. An ordinary witness may testify about mental sanity when:
A) The witness must always be an expert
B) The witness is sufficiently acquainted with the person
C) The witness is a stranger
D) The witness merely heard a rumor
  • 76. A witness may testify about impressions of a person's:
A) Judicial reasoning
B) Emotion, behavior, condition, or appearance
C) Future election results
D) Legal guilt as a matter of law
  • 77. Character evidence is generally:
A) Required in every criminal case
B) Not admissible to prove action in conformity with character on a particular occasion, subject to exceptions
C) Conclusive
D) Always admissible
  • 78. In a criminal case, the character of the offended party may be proved when it:
A) Is unrelated to the offense
B) Is merely interesting
C) Is always favorable to the accused
D) Tends in reasonable degree to establish probability or improbability of the offense charged
  • 79. An accused may generally prove good moral character when it is:
A) Based only on rumors
B) Pertinent to the moral trait involved in the offense charged
C) Offered only after conviction
D) Completely unrelated to the charge
  • 80. The prosecution may generally not prove the accused's bad moral character unless:
A) On rebuttal, subject to the Rules
B) The accused refuses to testify
C) Automatically in every case
D) Before any evidence is presented
  • 81. In civil cases, moral character evidence is admissible when:
A) Pertinent to the issue of character involved in the case
B) It is unrelated to any issue
C) The witness requests it
D) It is merely embarrassing
  • 82. Good character of a witness is generally not admissible until:
A) The witness enters the courtroom
B) The judge asks for it
C) The witness's character has been impeached
D) The witness is cross-examined
  • 83. Impeachment of a witness is primarily intended to:
A) Prove every allegation automatically
B) Replace direct examination
C) Attack the witness's credibility
D) Establish jurisdiction
  • 84. A witness may be impeached by:
A) A party's preference
B) Methods recognized by the Rules, such as evidence affecting credibility
C) Any unrelated rumor
D) Personal insults by counsel
  • 85. A party who calls a witness is:
A) Automatically bound by every opinion
B) Required to accept every answer
C) Subject to the Rules on impeachment and recognized exceptions
D) Always barred from questioning the witness
  • 86. Extrinsic evidence of specific acts to attack credibility is:
A) Always prohibited in every circumstance
B) Required for all witnesses
C) Limited by the Rules and subject to recognized exceptions
D) Always allowed
  • 87. Competency of a witness concerns whether the person:
A) Is legally capable of testifying under the applicable rules
B) Has the most documents
C) Is represented by counsel
D) Is the oldest person in court
  • 88. A witness generally must testify based on:
A) Speculation
B) Counsel's instructions
C) Personal knowledge of the facts, unless an exception applies
D) Public opinion
  • 89. A witness without personal knowledge of an event generally:
A) May give any opinion
B) Must be believed automatically
C) Becomes an expert
D) Cannot testify to the event as if personally perceived, absent an applicable exception
  • 90. Probative value generally refers to:
A) The cost of evidence
B) The number of pages in a document
C) The tendency of evidence to make a fact more or less probable
D) The age of the witness
  • 91. Relevant evidence may still be excluded if:
A) It is documentary
B) It is offered by the plaintiff
C) The Constitution, law, or Rules exclude it
D) It is persuasive
  • 92. The court may stop further testimony on a point when:
A) Counsel becomes tired
B) The hearing reaches noon
C) The evidence is already so full that more witnesses cannot reasonably be expected to be additionally persuasive, exercised with caution
D) One witness has testified
  • 93. Evidence on a motion based on facts not appearing of record may be heard through:
A) Newspaper articles only
B) Affidavits or depositions, subject to the court's direction
C) Oral arguments only
D) Anonymous messages only
  • 94. Perpetuation of testimony is intended to:
A) Replace all trials
B) Create a judicial admission
C) Preserve testimony concerning a matter that may be cognizable in court when preservation is sought under the Rule
D) Eliminate witnesses
  • 95. A petition to perpetuate testimony is generally:
A) Filed without identifying expected adverse parties
B) Always oral
C) Anonymous
D) Verified
  • 96. A petition for perpetuation of testimony should state:
A) The judge's personal opinion
B) Only the petitioner's nickname
C) Only the requested damages
D) The subject matter of the expected action and the petitioner's interest therein
  • 97. The petition should identify expected adverse parties and:
A) Their favorite activities
B) Their political views
C) Their unrelated employment history
D) Their addresses so far as known
  • 98. The petition should identify persons to be examined and:
A) The substance of the testimony expected from each
B) Their opinions about the judge
C) Only their ages
D) Their social media accounts
  • 99. The 2019 Amendments to the Revised Rules on Evidence became effective on:
A) December 31, 2020
B) January 1, 2019
C) June 1, 2022
D) May 1, 2020
  • 100. The 2019 Amendments to the Revised Rules on Evidence are identified as:
A) A.M. No. 19-08-15-SC
B) Executive Order No. 19
C) A.M. No. 19-10-20-SC
D) Republic Act No. 1000
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