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