Republic of the Philippines

MOUNTAIN PROVINCE STATE POLYTECHNIC COLLEGE

Bontoc Campus
Bontoc, Mountain province

CRIMINAL LAW AND JURISPRUDENCE

Evidence
Mockboard Examination

GENERAL INSTRUCTION:
❖ Write your SCHEDULE, SUBJECT, DATE and OTHER NECESSARY INFORMATION in the spaces
provided for you.
❖ MISSPELLED ANSWERS, ALTERATION, OBLITERATION, ERASURES and OTHER FORMS are
considered wrong.
❖ In writing your name start with your LAST NAME, followed by FIRST NAME them MIDDLE INITIAL
❖ Make use of PERMANENT INKS in answering, DO NOT USE PENCILS.
❖ Write your answers on the ANSWER SHEET provided for you.
❖ READ AND SCRUTINIZE the question before answering.
❖ CHEATING and similar forms are PROHIBITED.
❖ Keep your papers NEAT AND CLEAN.
❖ Write in READABLE MANNER.

THE ONLY WAY NECESSARY FOR EVIL TO PREVAIL IS WHEN GOOD MEN DO NOTHING
-Edmund Burke

Test 1. Multiple-choice: Choose the correct answer in each item and place your answers on the
answer sheet that is provided for you. (100 items, 100 pts.)e.

1.Which of the following statements is not accurate?

A. A plea of guilt later withdrawn is admissible in evidence against the accused who made the
plea.
B. An unaccepted offer of a plea of guilty to a lesser offense is inadmissible in evidence against
the accused.
C. An offer to pay or payment of medical expenses arising from injury is not evidence or proof of
civil/criminal liability for the Injury.
D. In civil cases, an offer of compromise by the accused is admissible as an implied admission of
guilt.

2.Under the Rules on Evidence, which of the following is not a disputable presumption and
therefore cannot be contradicted by evidence.
A. An accused is presumed innocent unless proven guilty or otherwise.
B. Official duty has been regularly performed.
C. A child born within 180 days following the solemnization of the second marriage is presumed
to be the legitimate child of the birthing mother.
D. A writing is truly dated.

3.The deposition of a witness in a former proceeding, whether or not a party, may be used for any
purpose if the Court finds the following circumstances are attendant, EXCEPT:
A. when the witness is dead.
B. when the witness is incarcerated.
C. when the witness is outside the Philippines and absence is procured by the party offering
deposition.
D. when the witness is 89 years old and bed-ridden.

4.Arturo 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 Cardo. 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.
5.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.

Page 1 of 9
 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.

6.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.

7.Alejandro filed a petition for declaration of his marriage to Alyanna on the grounds of adultery. In
like manner Alyanna countered by filing a case of violation of R.A. 9262 on the ground of marital
infidelity. What is the quantum of evidence required to establish the parties' respective claims?
A. For Alejandro, proof beyond reasonable doubt; for Alyanna, substantial evidence.
B. For Alejandro, preponderance of evidence; for Alyanna, substantial evidence.
C. For Alejandro, preponderance of evidence; for Alyanna, proof beyond reasonable doubt.
D. For both, proof beyond reasonable doubt.

8. Which of the following CANNOT be disputably presumed under the rules of evidence?
A. That money given to a person is due to him/her .
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.

9.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.

10. 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.

11.To prove the identity of the assailant in a crime of homicide, a police officer testified that, Ambo,
who did not testify in court, pointed a finger at the accused in a police lineup. Is the police
officer’s testimony regarding Ambo'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.

12.To prove that Maria stabbed her husband Mario, Rico testified that he heard Aldo running down
the street, shouting excitedly, "Sinasaksak daw ni Maria ang asawa niya! (I heard that Maria is
stabbing her husband!)" Is Aldo'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.

13.Which of the following is considered an extension of the Philippine territory?

A. Mindanao Islands
B. Residence of President Duterte in the U.S.
C. Phillippine Warship Vessels
D. Spratly’s Island
14.When could an ordinary citizen give his opinion regarding the handwriting of a person?
A. when he has to testify only as to the mental and emotional state of the one who authorized
the handwriting

Page 2 of 9
 B. when it is the handwriting of one whom he has sufficient familiarity
C. when he is a questioned examiner
D. when he is a graduate of criminology

15.When is evidence presented in court for admissibility considered relevant to the issue?
A. when it is not excluded by the rules
B. when it has a direct bearing and actual connection to the facts and issue
C. when it is not repugnant in taste
D. when it is not immoral

16.What is that statement made by a wounded person shortly after he received severe bolo stabs
narrating therein the whole incident to another which is admissible in evidence?
A. Corpus delicti C. dying declaration
B. Ante-mortem statements D. parts of the res gestae

17.In what instance can alibi (the weakest defense) acquire commensurate strength in evidential
value?
A. when it changes the burden of proof
B. when evidence for the prosecution is strong
C. where no positive and proper identification has been satisfactorily made
D. when questions on whether or not accused committed the offense is clear

18.Which of the following evidence is the same, as that which is already given?
A. Corroborative evidence C. "Factum evidence"
B. Cumulative evidence D. Testimonial evidence

19.The body of a dead person is ___________ if his death is at issue.

A. real evidence
B. testimonial evidence if testified by a medico legal
C. secondary evidence
D. Corroborative evidence of death

20.Which of the following is not accurate concerning expert opinion?

A. An expert opinion is a statement given by a medico legal officer concerning the cause of death
of the victim.
B. An expert opinion is one where the graphologist gives a testimony regarding a counterfeit
currency.
C. An expert opinion is one where fingerprint expert testifies as to the accuracy of two fingerprint
patterns.
D. An expert opinion is one where the witness presented testifies on a matter needing his
expertise.

21.In an action for libel, the prosecution presented a letter containing defamatory words as proof of
the words so stated. What kind of evidence is the letter?
A. Object C. documentary
B. Testimonial D. it depends on the use

22.What is the quantum of proof needed in case of illegal cutting of trees filed by the DENR against
Don Emilio?
A. Substantial evidence C. Preponderance of evidence
B. Proof beyond reasonable doubt D. Circumstantial evidence

23.In which of the following cases is moral character admissible?

A. In rape cases to prove the sexual predisposition of the victim.
B. In murder case to prove the violent character of the accused.
C. In a murder case to prove the violent character of the victim.
D. In libel cases to prove good reputation.

24.It is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an
end to one already commenced.
A. Agreement C. Special arrangement
B. Compromise D. settlement

25.The act, declaration or omission of a party as to a relevant fact may be given in evidence against
him is called –
A. Declaration B. Admission

Page 3 of 9
 C. Confession D. Oral argument

26.It refers to a confession made before a court in which the case is pending and in the course of
legal proceedings therein.
A. Judicial confession C. confession
B. Extrajudicial confession D. Court confession

27.A confession is admissible only against the accused who made it and not against his co-accused,
for, as against the latter, the confession would be hearsay and res inter alios acta. This statement
is _____.
A. True as a general rule.
B. False, in instances where there are more than two co-accused, the act of one is the act of all.
C. Sometimes true
D. Sometimes false

28.Hearsay evidence is that which derives its value, not solely from the credit to be given to the
witness upon the stand, but in part from the veracity and competency of some other person. Is
hearsay evidence admissible?
A. Absolutely not admissible since there is no way of determining its truthfulness.
B. No, except in some cases where there is no option but to accept them in the interest of justice.
C. Yes, if justice and fair play would be served thereby.
D. All of the above are correct

29.The declaration of a dying person, made under the consciousness of an impending death, may be
received in any case wherein his death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death is called –
A. Oral testament C. Res gestae
B. Dying declaration D. Deadman’s statute

30.These are spontaneous statements made by a person while a startling occurrence is taking place
or immediately prior or subsequent thereto with respect to the circumstances thereof.
A. Dying declaration C. Res gestae
B. Deadmans statute D. Oral testament

31.Arturo was in his room when he overheard Aldo and Alipio talking in the other room where Aldo
telling was Alipio that he had got into a fight in a bar and stabbed Ricardo thereafter he ran away.
The following day, Arturo learned that Ricardo died of a stab wound. Can Arturo testify as the
statement made by Aldo to Alipio even though he did not personally see Aldo stab Ricardo?
A. No, it is hearsay
B. Yes, it is part of res gestea
C. No, it did not came from his personal knowledge.
D. Yes, to secure justice.

32.____ 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.
A. Burden of presumptions C. Burden of evidence
B. Burden of proof D. Proof

33.What is a presumption?
A. Knowledge of an event to have been occurred.
B. An inference as to the existence of a fact not actually known, arising from its usual connection
with another which is known.
C. A chance or probability of the existence of an event.
D. An inference as to circumstances surrounding the an event.

34.The examination of witnesses presented in a trial or hearing should be done in –

A. private with the judge, defense and prosecutor
B. open court and under oath or affirmation
C. speedy manner to beat the time frame specified by law
D. None of the above is correct

35.In the order of examination of an individual witness, which one comes first?
A. Direct examination by the proponent C. Re-direct examination by the proponent
B. Cross-examination by the opponent D. Re-cross-examination by the opponents

Page 4 of 9
36.If the examination of a witness is made by the party presenting him on the facts relevant to the
issue, it is called –
A. Direct examination C. Re-direct examination
B. Cross examination D. Re-cross examination

37.In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond
reasonable doubt. What is proof beyond reasonable doubt?
A. that degree of proof which produces a conviction in unprejudiced mind
B. the greater weight of evidence against guilt
C. the greater weight of evidence against innocence
D. the presumption of innocent unless proved otherwise

38.Direct evidence proves the fact in dispute without the aid of any inference or presumption while
_____ is the proof of a fact or facts from which, taken either singly or collectively, the existence of
the particular fact in dispute may be inferred as a necessary or probable consequence.
A. Indirect Evidence C. Proof beyond reasonable doubt
B. Circumstantial Evidence D. Preponderance of evidence

39.The evidence is considered positive when the witness affirms that a fact did or did not occur, and
____ when the witness states he did not see or know of the occurrence of a fact.
A. Hearsay C. Neutral
B. Negative D. Active

40.What kind of evidence is given by one possessing in regard to a particular subject or department
of human activity or knowledge which does not usually acquired by other persons?
A. Expert evidence C. Ordinary evidence
B. Special evidence D. Cumulative evidence

41.It is an additional evidence of a different kind and character, tending to prove the same point.
A. Cumulative evidence C. Direct Evidence
B. Corroborative evidence D. Indirect evidence

42.What rule is observed when generally, there can be no evidence of a writing, the contents of
which is the subject matter of inquiry other than the original itself?
A. secondary evidence C. documentary evidence
B. parol evidence D. best evidence

43.Evidence in the form of a verbal statement given by a witness in open court.

A. Opinion C. Testimonial
B. Testimony D. Expert opinion

44.An examination by a counsel of his/her own witness.

A. Interview C. voir-dire examination
B. Cross-Examination D. Direct examinati

45. Examination conducted by a counsel on the witness of the adverse party the purpose of which
is to test the truthfulness and accuracy of the witnesses’ testimony.
A. Direct Examination C. Cross-examination
B. Confrontation D. Trial

46. Stage of proceeding where the examination of witnesses are conducted.

A. Criminal Proceeding C. Pre-trial
B. Trial D. Direct and Cross-Examination

47.Leandro owns a cruise ship. He and his family went on a trip to enjoy the holidays. They
reached the borders of South Korea where unfortunately, there is a war going on between the
South and North Korean forces. They never returned home after that. How many years before
their relatives can declare them dead?
A. 4 C. 7
B. 5 D. 10

48.What if Leandro was aged 75? Within how many years can he be presumed dead?
A. 4 C. 7
B. 5 D. 10

Page 5 of 9
49.What if he was aged 75 and his hears want to partition his properties, how many years is
needed?
A. 4 C. 7
B. 5 D. 10

50.Which of the following is not required in a dying declaration?

A. The statements must relate to the facts and circumstances relating to the declarant’s own
injury.
B. The declarant must have sustained a mortal wound.
C. The declarant must be aware that death is eminent.
D. There should be absent any motive to lie.

51.Which of the following is not true in character evidence.

A. Character evidence confuses issues hence it is inadmissible.
B. Evidence of good moral character is not a basis for acquittal.
C. Good moral character is not admissible in heinous crimes.
D. Evidence of good moral character has a very little bearing or weight.

52.In which of the following is ordinary opinion admissible?

A. Testimony regarding a handwriting where the witness has sufficient familiarity.
B. Testimony regarding the mental state of an insane relative.
C. Testimony regarding the identity of a person with which he has sufficient familiarity.
D. Testimony concerning a handwriting he knows so well.

53.The following are the requirements before an expert opinion may be admitted in evidence. Which
is not included?
A. The subject of the inquiry requires the opinion of an expert.
B. The witness is shown to be an expert.
C. The witness must be proven to possess the necessary skill or expertise.
D. The case must be one where the testimony of an expert is uncompelled.

54.John raped Juana. The victim got pregnant and gave birth to a child. What is the quantum of
evidence needed in order to reverse the presumption that John is the father of the child?
A. Proof beyond reasonable doubt
B. Clear and convincing proof
C. Preponderance of evidence
D. Substantial evidence.

55. What if the accused is a high ranking official of the PNP and the victim files a case for support
and recognition. What is the degree of proof needed?
A. Proof beyond reasonable doubt
B. Clear and convincing proof
C. Preponderance of evidence
D. Substantial evidence.

56.If the absentee was a pilot of the Philippine Army vacationing in Zamboanga when went missing,
how many years of absence is needed so his wife can marry again?
A. 4 C. 7
B. 5 D. 10

57.What is burden of proof?

A. The duty to present evidence.
B. The obligation of the prosecution to convict the accused.
C. The duty of the defense counsel to acquit the accused.
D. The duty to present evidence required to support an allegation.

58.The obligation of a party to prove his/her allegations by the amount of evidence needed.
A. Degree of proof C. Onus Pribandi
B. Burden of proof D. Proof of claim

59.An assumption as the existence of fact based on another established fact.

A. Assumption C. disputable
B. presumption D. proof

60. Degree of proof that produces conviction in an unprejudiced mind.

A. Proof beyond reasonable doubt B. Clear and convincing proof

Page 6 of 9
 C. Preponderance of evidence D. Substantial evidence.

61.Relevant evidence that a reasonable mind might accept as adequate to support a conviction.
A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence.

62.What is moral certainty?

A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence.

63. Evidence which is superior to that offered in opposition to it.

A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence

64.Required number of absence needed before a passenger of a lost ship may be declared
presumptively dead.
A. 5 C. 7
B. 4 D. 10

65.A rule in criminal law which provides that an accused must be acquitted in cases where
evidence of both parties are equally balanced.
A. Presumption of innocence C. Equipoise rule
B. Due process of law D. Doctrine of fair play

66. Those which are satisfactory when uncontradicted.

A. Evidence C. presumptions
B. allegations D. admissions

67.Evidence consisting of the narration of an ordinary witness regarding the sanity of an

acquaintance.
A. Lay witness C. ordinary
B. lay testimony D. testimonial

68.Person who gives lay opinion.

A. Lay C. ordinary witness
B. witness D. opinion witness

69.A witness testifying on matters requiring special knowledge or skill.

A. Lay witness C. expert
B. witness D. experienced witness

70.How others see you in the locality.

A. Perception C. character
B. opinion D. reputation

71.Traits which are up to the norms of the community.

A. Perception C. character
B. opinion D. reputation

72. Myself when people are around and not around.

A. Perception C. character
B. opinion D. reputation

73.A person who possesses knowledge on certain matters not possessed by others.
A. Person C. expert
B. witness D. experienced

74. A testimony given by a person in a case who has the required expertise and skill.
A. Expert witness C. expert opinion
B. expert knowledge D. opinion

75.Testimony of a person regarding the identity of a person he knows so well refers to what?
A. Lay opinion C. expert opinion
B. opinion D. ordinary

76.It consists of the inference of a witness on the existence or non-existence of a fact in issue.

Page 7 of 9
 A. Presumption C. opinion
B. assumption D. observation

77.If a medico legal officers testifies as to the cause of death of the victim, what do we call his
testimony?
A. Expert witness C. expert opinion
B. expert knowledge D. opinion

78.If Dr. Juan gives his impression regarding the mental state of his best-friend who committed
suicide, what do we call his testimony?
A. Expert witness C. expert opinion
B. expert knowledge D. lay opinion

79.These are assertion of facts the source of which cannot be subjected to cross examination.
A. Presumption C. hearsay
B. opinion D. assumption

80.These are inadmissible as evidence since issues should not be allowed to be influenced by
evidence of reputation by a party.
A. Opinion C. character evidence
B. presumption D. reputation
E.

81.An event or occurrence whether due to the intentional or negligent acts of another.
A. Crime C. res gestae
B. startling occurrence D. parts of the resgetae

82.Statements presented as evidence without the author being presented to testify personally in
court.
A. Presumption C. hearsay
B. opinion D. assumption

83.Statements made by a person who is a victim of violence after sustaining a mortal wound and
under the belief that death is imminent.
A. Dying declaration C. hearsay
B. opinion D. assumption

84.Statements made in articulo mortis.

A. Dying declaration C. hearsay
B. opinion D. assumption

85.It covers matters relating to a person’s genealogy or family tree.

A. Family tree C. penology
B. descent D. pedigree

86.These are utterances that accompany some act giving it legal or significant meaning.
A. Verbal acts C. opinion
B. parst of the res gestae D. presumption

87.Degree of proof required in a case involving violation illegal fishing filed by the DENR against Juan.
A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence

88.Degree of proof required in order to annul the marriage of Juan and Maria on the grounds of
marital rape.
A. Proof beyond reasonable doubt C. Preponderance of evidence
B. Clear and convincing proof D. Substantial evidence.

89.It covers matters relating to a person’s genealogy or family tree.

A. Family History C. Common Reputation
B. Pedigree D. Family Matters

90.These are the events speaking for themselves through the instinctive and spontaneous words or
acts of the persons involved.

Page 8 of 9
 A. Part of the Res Gestae C. Spontaneous Statements
B. Verbal Acts D. Contemporaneous Statements

91.These are utterances that accompany some act giving legal or significant meaning.
A. Res Gestae C. Spontaneous Statements
B. Verbal Acts D. Declarations

92.Statements made while a startling occurrence is taking place or immediately thereafter.

A. Res Gestae C. Spontaneous Statements
B. Verbal Acts D. Contemporaneous Statements

93.It consists of the conclusion or inference of a witness on the existence or non-existence of a certain
matter.
A. Hearsay C. Opinion
B. Testimony D. Admission

94.A person skilled in a particular field or industry.

A. Expert Witness C. Expert
B. Expert Testimony D. Professional

95.Degree of proof which produces conviction in an unprejudiced mind.

A. Evidence C. Clear and Convincing Proof
B. Proof Beyond Reasonable Doubt D. Burden Of Proof

96.Quantum of proof in civil cases.

A. Substantial Evidence C. Clear and Convincing Proof
B. Preponderance of Evidence D. Burden Of Proof

97.That degree of proof needed to sustain a conviction.

A. Evidence C. Clear and Convincing Proof
B. Proof Beyond Reasonable Doubt D. Burden Of Proof

98.Evidence to the precise point.

A. Object C. Direct
B. circumstantial D. Positive

99.Quantum of proof in administrative cases.

A. Substantial Evidence C. Clear and Convincing Proof
B. Preponderance of Evidence D. Burden Of Proof

100.Statement of facts which involves the voluntary acknowledgement of guilt or liability.

A. Admission C. Confession
B. declaration against interest D. Plea of Guilt

End of Examination

Page 9 of 9