Name :
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activity is consist of 100 pts. Read each question carefully before answering. Observe neatness.
Open notes
TEST 1. IDENTIFICATION. 40 pts.
___1. Has reference to those who testify in a cause or give evidence before judicial tribunal.
___2. is a court formally opened and engaged in the transaction of judicial affairs, to which all persons who conduct
themselves in an orderly manner are admitted.
___3. This is further interrogation by a party of his own witness after cross-examination which is principally intended
to explain or supplement his answer during the cross-examination.
___4. is the operation of examining a witness who has finished his examination in chief, cross-examination, and re-
direct examination, by the lawyer who cross-examined.
___5. A question which suggests to the witness the answer which the examining party desires.
___6. A question which assumes the truth of facts which are in issue or assumes material facts which have not bee
proved, or certain answers to have been given to prior questions, when such answers have not been given.
___7. Means to call into question the veracity of the witness by means of evidence offered for that purpose, or by
showing that the witness is unworthy of belief.
___8. is an appeal by a person to God to witness the truth of what he declares, and an impreciation of Divine
punishment or vengeance upon him if what he says is false.
___9. is a solemn and formal declaration or assertion that the witness will tell the truth, etc., this being substitute for
an oath in certain cases.
__10. Is meant, the examination in chief of a witness that is, the initial examination by the party calling him.
__11. The examination of a witness by the party opposed to the party who called such witness, the latter party having
examined, or having been entitled to examine, such witness in chief.
__12. Is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by
the amount of evidence required by law.
__13. Is the duty of a party, at any particular time during the trial, to create a prima facie case in his favor, or to
overthrow one when created against him.
__14. is an inference of the existence or nonexistence of some facts which courts are required or permitted to draw
from the proof of other facts, an inference which common sense, enlightened by human knowledge and
experience, draws from the connection, relation, and coincidence of facts and circumstances with each
other.
__15. Are inference which the law makes so peremptory that it will not allow them to be overturned by any contrary
proof however strong.
__16. The proposition to be established. Hypothetical (Is if that which one party affirms and the other denies, the
tribunal, being as yet not committed in either direction.)
__17. The material evidencing the proposition. Conceived as existence and is offered as such for the consideration of
the tribunal.
__18. Is the effect or result of evidence.
__19. The initial and true test of admissibility. Means that evidence must have such a relation to the fact in issue as to
induce belief of its existence or non-existence.
__20. Those that are outside the controversy, or are not directly connected with the principal matter or issue in
dispute, as indicated in the pleadings of the parties.
TEST II. MATCHING TYPE: Choose the letter the corresponds to your answer. 40 points.
1. Commonly used for evidence excluded by the Constitution. A judicially created remedy which provides that
evidence obtained in violation of the accused constitutional rights must be suppressed from the government’s case in
chief.
a. Search warrant b. doctrine of fruit of poisonous tree
c. Exclusionary Rules d. Substantial evidence
2. Is an order in writing issued in the name of the people of the Philippines, signed by a judge directing a law
enforcement officer to locate for personal property described therein and bring it before the court.
a. Warrant of Arrest b. Subpoena
c. Search warrant d. Exclusionary rules
3. Also known as “but for” or taint doctrine.
a. Exclusionary Rules b. Search Warrant
c. Doctrine of fruit of poisonous tree d. Warrant of Arrest
4. is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion.
a. Circumstantial evidence b. Preponderance of evidence
c. Substantial evidence d. Corpus delicti
5. Is the proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as
a necessary or probable consequence.
a. Substantial evidence b. Preponderance evidence
c. Circumstantial evidence d. Corpus delicti
6. Are admissions, made out of court, or in a judicial proceeding other than the one under consideration.
a. Extra-Judicial Admission b. Judicial Admission
c. Admission c. Confession
7. Is a voluntary acknowledgment in express terms or by implication, by a party interest or by another by whose
statement he is legally bound, against his interest, of the existence or truth of a fact in dispute material to issue.
a. Admission b. Judicial Admission
c. Extra-Judicial Admission c. Confession
8. Is the declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily
included therein, may be given in evidence against him.
a. Confession b. Extra-Judicial Confession
c. Admission d. Extra-judicial Admission
9. is the document whose contents are to be proved.
a. Original of a document b. Documentary evidence
c. Best Evidence d. Secondary evidence
10. That which consists of writings or any material containing letters, words, numbers, figures, symbols or other
modes of written expressions offered as proof of their contents.
a. Documentary evidence b. Best evidence
c. Original of a document d. Secondary evidence
11. Rule which requires the highest grade of evidence obtainable to prove a disputed fact is the original of a
document.
a. Parole Evidence Rule b. Best Evidence Rule
c. Original of a document d. Secondary Evidence
12. Is that which shows that better, or primary evidence exists as to the proof of a fact in question.
a. Parole evidence b. Secondary evidence
c. Original of a document d. Best evidence rule
13. Is a rule which forbids any addition to or contradiction of the terms of a written instrument by testimony purporting
to show that, at or, before the signing, of the document, other or different terms were orally agreed upon by the
parties.
a. Best Evidence Rule b. Parole Evidence Rule
c. Original of a Document d. Secondary evidence
14. is meant the legal fitness or ability of a witness to be heard on the trial of a cause.
a. Qualification of a witness b. Competency of witness
c. Marital Disqualification d. Dead Man’s Statute Rule
15. A rule which forbids husband and wife, during their marriage, from testifying for or against the other without the
consent of the affected spouses except in some circumstances.
a. Disqualification of witness b. Marital Disqualification
c. Dead Man’s Statute Rule c. Privilege Communication rule
16. Parties or assignors 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 accruing before the death of such deceased person or before such person became of unsound
mind.
a. Marital Disqualification b. Privilege Communication Rule
c. Parental and filial privilege d. Dead Man’s Statute Rule
17. Rule which provides that a communication made in good faith on any subject matter in which the communicator
has an interest, or concerning which he has a duty, is privileged if made to a person having a corresponding interest
or duty, although it contains incriminatory matter which, without the privilege, would be libelous and actionable.
a. Parental and filial privilege rule b. Dead Man’s Statute Rule
c. Marital Disqualification d. Privilege Communication Rule
18. Is an agreement made between two or more parties as a settlement of matters in dispute.
a. Conspiracy b. Settlement
c. Res Inter Alios Acta Rule d. Compromise
19. Provides that the right of a party cannot be prejudiced by an act, declaration, or omission of another unless it falls
under the exceptional circumstances.
a. Privies b. Conspiracy
c. Compromise d. Res Inter Alios Acta Rule
20. Requisite before recall of a witness.
a. Leading Question b. Misleading Question
c. Impeachment d. Leave of Court
TEST III. ESSAY. Read and understand the facts carefully before answering. 20 pts.
Facts:
In a criminal complaint against “John”, the prosecution presented several witnesses who were able to
identify several objects and documentary evidences.
Questions:
1. Supposing the prosecution terminated the presentation of their testimonial evidence, what procedural step
should it take in order that their object and documentary evidences be admitted by the court and why?
2. Supposing some evidences were denied admission by the court, what remedy would you avail as a
prosecutor? Reasons.
