evidence mcqs and essays - final

7/30/2019 Evidence MCQs and Essays - Final

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Law on Evidence: MCQs and Essay Qs with Suggested Answers

Compiled by Benj Hernandez Jr. (Remedial Law Review Evidence Group - PCU-Law Batch 2013) Page 1

EVIDENCE

( MCQs and Essay Qs pp 1-9; Answers pp 10-21)

MCQs 30 ITEMS

ADMISSIBILITY

1. Which of the following is true about admissibility and evidentiary weight of a certain item of evidence?a. A particular item of evidence may be admissible, but its evidentiary weight depends on

judicial evaluation within the guidelines provided by the rules of evidence.

b. A certain item of evidence may be admissible as per stipulation of parties and its evidentiaryweight depends on such stipulation alone.

c. A particular item of evidence may be admissible, but its evidentiary weight depends onjudicial determination even beyond parameters set forth in the rules of evidence.

d. A certain item of evidence may be admissible, but its evidentiary weight depends on judicialevaluation of both the stipulation of the parties and guidelines provided by the rules of

evidence.

2. Is evidence on collateral matters allowed?

a. Evidence on collateral matters shall be allowed, except if it establishes improbability of thefact in issue.

b. Evidence on collateral matters shall not be allowed, except if it establishes probability of thefact in issue.

c. Evidence on collateral matters shall not be allowed, except when it tends in any reasonabledegree to establish the probability or improbability of the fact in issue.

d. Evidence on collateral matters shall be allowed only when it does not establish probability orimprobability of the fact in issue.

3. Which is true about denial?a. A denial is a positive evidence and considered by jurisprudence to be a very strong form of

defense which can overcome an affirmative or positive testimony particularly when it comes

from the mouth of a credible witness

b. A denial is a negative evidence but considered by jurisprudence to be a very strong form ofdefense which can never overcome an affirmative or positive testimony particularly when it

comes from the mouth of a credible witness

c. A denial is a positive evidence but considered by jurisprudence to be a very weak form ofdefense and can never overcome an affirmative or positive testimony particularly when it

comes from the mouth of a credible witness.

d. A denial is a negative evidence and considered by jurisprudence to be a very weak form ofdefense and can never overcome an affirmative or positive testimony particularly when it


4. The legal maxim, Ei incumbit probatio qui dicit, no qui negatprovides thatthe burden of proof lies on

which of the parties?

a. The burden of proof is on the party who asserts the negative of the issue at the beginning ofthe case and continues on him throughout the case.

b. The burden of proof is on the party who asserts the affirmative of the issue at the beginningof the case and continues on him throughout the case.

c. The burden of proof is on the party who asserts the negative of the issue at the beginning ofthe case but abandons the same prior to rendering of judgment.


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d. The burden of proof is on the party who asserts the affirmative of the issue at the beginningof the case but abandons the same prior to rendering of judgment.

JUDICIAL NOTICE AND JUDICIAL ADMISSIONS

5. The following are TRUE about the concept of common knowledge in judicial notice, EXCEPT:a. They are those matters coming to the knowledge of men generally in the course of ordinary

experiences of life.

b. They may be matters which are generally accepted by mankind as true and are capable ofready and unquestioned demonstration.

c. They are facts which are universally known, and which may be found in encyclopedias,dictionaries or other publications, provided, they are of such universal notoriety and so

generally understood that they may be regarded as forming part of the common knowledge

of every person.

d. A court can take judicial notice of any fact which, in part, is dependent on the existence ornon-existence of a fact of which the court has no constructive knowledge.

6. Maria is the defendant in a collection suit filed Juana. Marias lawyer effected a written extrajudicial

admission, which was signed by the latter and provided that she did not pay the entire amount of her loan

to Juana when in fact she already paid at least 40% of the total amount due. The same written admission

came into the hands of Juana who wants to use the same as an evidence to prove liability of Maria. Such

written extrajudicial admission is?

a. Admissible because it is up to Maria to contradict the same in actual hearing.b. Not admissible because it is prejudicial to Marias interest.c. Admissible because a counsel binds his client with respect to admissions.d. Not admissible because a counsel only binds his client with respect to admissions in open

court and in pleadings actually filed with the court.

7. The general rule is thatforeign laws may not be taken judicial notice of and have to be proved like anyother fact but the same admits of certain exception and when said laws are within the actual knowledge of the

court and:

a. Such laws are well and generally known and none of the parties claim otherwise.b. Such laws are referred to in an obiter dictum in previous cases and none of the parties claim

otherwise.

c. Such laws are inconsistent with domestic laws and none of the parties claim otherwise.d. Such laws are merely applied suppletory to domestic laws and none of the parties claim

otherwise.

8. The following are rules with regard to judicial notice of ordinances, EXCEPT?

a. MTCs are required to take judicial notice of the ordinances of the municipality or citywherein they sit.

b. RTCs must take judicial notice when expressly prohibited to do so by a statute.c. RTCs must take judicial notice in a case on appeal before them and wherein the inferior

court took judicial notice of an ordinance involved in the same case.

d. Appellate courts may not take judicial notice of ordinances not only because the lowercourts took judicial notice thereof but because these are facts capable of unquestionable

demonstration.

OBJECT (REAL) EVIDENCE

9. Object evidence shall include:

a. Any article or object which may not be known or perceived by the use of the senses


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b. Examination of the anatomy of a person or of any substance taken for purely medicalpurposes

c. Conduct of tests, demonstrations or experiments to prove scientific hypothesesd. Examination of representative portrayals of the object in question

10. May the courts refuse the introduction of object or real evidence and rely on testimonial evidence alone?

a. No, even if such exhibition is contrary to public morals or decency.b. Yes, but only if to require it being viewed in court or in ocular inspection would not result indelays, inconvenience, or unnecessary expenses which are out of proportion to the

evidentiary value of such object.

c. No, even if such object evidence would be confusing or misleading, as when the purpose isto prove the former condition of the object and there is no preliminary showing that there

has been no substantial change in said condition.

d. Yes, but only if the testimonial or documentary evidence already presented clearly portraysthe object in question as to render a view thereof unnecessary.

DOCUMENTARY EVIDENCE

11. Which of the following is an exception to the Best Evidence Rule?

a. When the original has been lost or destroyed, or cannot be produced in court, without badfaith on the part of the offeror.

b. When the original is in the custody or under the control of the party in whose favor theevidence is offered, and still the latter fails to produce it after reasonable notice.

c. When the original consists of numerous accounts or other documents which may beexamined in court without great loss of time and the fact sought to be established from

them is only the general result of the whole.

d. When the original is not a public record and not in the custody of a public officer or is notrecorded in a public office.

12. The loss or destruction of a document may be proved by the following, EXCEPT:

a. Any person who knew of such fact.b. Anyone who, in the judgment of the court, had made sufficient examination in the placeswhere the document or papers of similar character are usually kept by the person in whose

custody the document was and has been unable to find it.

c. Any person who has knowledge of its existence as he learned the same from another person.d. Any person who has made any other investigation which is sufficient to satisfy the court that

the document is indeed lost.

13. The following are the factors to be considered in assessing evidentiary weight of an electronic document,

EXCEPT?

a. The reliability of the manner or method in which it was generated, stored or communicated,including but not limited to input and output procedures, controls, tests and checks for

accuracy and reliability of the electronic data message or document, in the light of all the

circumstances as well as any relevant agreement.

b. The reliability of the manner in which its duplicate was identified.c. The integrity of the information and communication system in which it its recorded or

stored, including but not limited to the hardware and computer programs or software used

as well as programming errors.

d. The familiarity of the witness or the person who made the entry with the communicationand information system.

14. Carlos sought the help of NBI in order for him to use as evidence the email messages in his email inbox

purported to be from Michael, the car dealer who sold him a lemon car. The said email messages contain


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relevant information pertaining to their transaction and bear the digital signature which Michael would

usually use in his online business dealings. If Carlos will be successful in authenticating the digital

signature of Michael, what will its effect be?

a. It shall be presumed that the information contained in a certificate is correct.b. It shall be presumed that the digital signature was created outside the operational period of

a certificate.

c. It shall be presumed that there may be an existing cause to render a certificate invalid orrevocable.d. It shall be presumed that the message associated with a digital signature has been altered

from the time it was signed.

TESTIMONIAL EVIDENCE

15. Matt is the defendant in a parricide case for allegedly killing the father of Yvonne, his estranged wife, who

saw him fleeing from the scene of the crime. During the trial, the prosecutor offered the testimony of

Yvonne as evidence to prove the guilt of Matt. Can the defendants counsel object on the ground of

marital privilege?

a. Yes, the disqualification on the ground of marital privilege extends not only to testimonyadverse to the spouse but also to a testimony in favor of the spouse.

b. No, the disqualification on the ground of marital privilege does not apply in the case ofestranged spouses, where the marital and domestic relations are so strained that there is no

more harmony to be preserved nor peace and tranquility which may be disturbed.

c. Yes, the disqualification on the ground of marital privilege applies so long as the marriageexists at the time the testimony is offered.

d. No, the disqualification on the ground of marital privilege does not apply to crimescommitted against the direct ascendants or descendants of either husband or wife.

16. Which of the following is true regarding disqualification by reason of death or insanity of the adverse

party?

a. It constitutes a partial disqualification of a witness wherein he is prohibited from testifyingas to any matter of fact occurring before the death or insanity of a party to the transaction.

b. The witness can testify on matters which occurred in the presence and within the hearing ofthe decedent to which he might testify on his personal knowledge if he were alive.

c. Such facts which are favorable to the deceased or insane person or their representatives areprohibited.

d. Objection to such disqualification can never be waived.17. The attorney-and-client privilege does not apply to:

a. Communications which are intended to be made public or be communicated to others.b. Communications which are intended for a lawful purpose.c. Communications which are received from third persons acting in behalf or as agents of the

client.

d. Communications which are made in the presence of third parties who are not strangers tothe attorney-client relationship.

18. The physician-and-patient privilege does not apply to:

a. Communications which are given in confidence.b. Communications which are relevant to the professional employment.c. Communications which are made for a lawful purpose.d. Communications which are intended to be made public.

19. The following pertain to a qualified witness, EXCEPT?


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a. He is a person who can perceive and perceiving.b. He is a person who can make known his perception to others.c. He must have taken either an oath or an affirmation.d. He must possess the disqualifications imposed by law or the rules.

20. What is the effect when mental unsoundness of the witness at the time the fact to be testified occurred

with respect to his competency and his credibility?a. The occurrence of mental unsoundness affects his credibility alone.b. The occurrence of mental unsoundness affects his competency alone.c. The occurrence of mental unsoundness affects either his competency or his credibility.d. The occurrence of mental unsoundness affects both his competency and his credibility.

21. Are deaf-mutes competent witnesses?

a. No, deaf-mutes are incompetent witnessesb. Yes, if they can comprehend facts they are not going to testify on.c. Yes, if they can understand and appreciate the sanctity of an oath.d. Yes, if they can communicate their ideas through an unqualified interpreter.

22. Which of the following is true about disqualification by reason of privileged communication?

a. The holder of the privilege, authorized persons and persons to whom privilegedcommunication were made can assert the privilege.

b. The disqualification always applies to both civil and criminal cases.c. The privilege cannot be invoked where confidential information has been made in

contemplation of death or in furtherance or perpetuation of fraud.

d. Unless waived, the disqualification remains even after the various relationships therein haveceased to exist.

23. The following cases are not covered by the dead man statute, EXCEPT?

a. Testimony of mere witnesses who are either party plaintiffs, or their assignors, or persons inwhose behalf a case is prosecuted, or to a nominal party, or to officers and stockholders of a

plaintiff corporation.

b. If the person or persons mentioned under the rule file a counterclaim.c. Where the deceased contracted with the plaintiff through an agent and said agent is aliveand can testify, but the testimony of the plaintiff should be limited to acts performed by the

agent.

d. Land registration cases instituted by the deceaseds representative, where the oppositor isconsidered as defendant or in cadastral cases where there are no oppositors.

24. Which is a requisite for the application of the physician-and-patient privileged communication?

a. The action is either civil case or criminal case.b. The relation of physician and patient existed between the person claiming the privilege or

his legal representative and the physician.

c. The advice or treatment given by him or any information was acquired by the physicianwhile casually attending to the patient.

d. The information was unnecessary for the performance of his professional duty.25. The following is true about priest-and-penitent privileged communication, EXCEPT?

a. The confession must have been made to the priest in his professional character according tothe discipline of the church to which the priest or minister belongs.

b. Even if the communication is not penitential in character as when what is divulged is theplan to commit a crime, the privileged communication still applies.

c. Communications made must be confidential and must be penitential in character e.g., underthe seal of the confessional.


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d. Its purpose is to allow and encourage individuals to fulfill their religious, emotional or otherneeds by protecting confidential disclosures to religious practitioners.

26. The following are considered other forms of privileged communication, EXCEPT?

a. The guardian ad litem shall not testify in any proceeding concerning any information,statement, or opinion received from the child in the course of serving as a guardian ad litem,

unless the court finds it necessary to promote the best interests of the child.b. Editors, publisher, or duly accredited reporter of any newspaper, magazine or periodical of

general circulation cannot be compelled to reveal the source of any news report or any

information given to him in confidence, unless a court or a House or a committee of

Congress finds that such revelation is demanded for State security.

c. Voters may not be compelled to disclose for whom they voted.d. Trade secrets cannot be disclosed and the same is absolute as the court may not compel

disclosure even if it is indispensable for doing justice.

27. Which of the following is a purpose of objections?

a. To keep out admissible evidence that would be favorable to a clients cause.b. To protect the record, i.e. to present the issue of inadmissibility of the offered evidence in a

way that if the trial court rules erroneously, the error can be relied upon as a ground for a

future appeal.

c. To expose a witness from being embarrassed by the adverse counsel.d. To allow the adversarys unfair tactics like his consistently asking obviously leading

questions.

28. May objections be waived?

a. Yes, because the right to object is merely a privilege which the party may waive.b. No, because it will be prejudicial to the client if the same is waived.c. Yes, because the right of object is subject to both stipulations by parties and judicial

discretion.

d. No, because it will amount to an admission if the same is waived.29. The following shows how an objection can be made, EXCEPT?

a. Before the court has ruled on the objection, in which case its function is to persuade thecourt to overrule the objection or deny the privilege invoked.

b. After the court has sustained the objection, in which case its function is to preserve for theappeal the evidence excluded by the privilege invoked.

c. When the question to which an objection has been sustained clearly reveals on its face thesubstance, purpose and relevancy of the excluded evidence; an offer or proof is required.

d. Where the offer of proof includes the introduction of documents, or any of the physicalevidence, the same should be marked for identification so that they may become part of the

record.

30. A motion to strike out or expunge inadmissible testimony or evidence is proper:

a. When the answers are competent, relevant or proper.b. When the witness becomes unavailable for cross-examination with fault of the cross-

examining party.

c. When the witness answers prematurely before there is reasonable opportunity for theadverse party to object, and such objection is found to be meritorious.

d. When the testimony was allowed conditionally and the condition for its admissibility wasfulfilled.


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ESSAY QUESTIONS 20 ITEMS

ADMISSIBILITY

1. Is direct proof of previous agreement to commit a crime necessary to prove conspiracy?

2. What is the test to determine where the burden of proof lies?


3. When are judicial admissions made?

4. When can admissions in a pleading be considered as extrajudicial admissions?


5. After a full-blown trial, John was found guilty of murder for shooting Gerard. On appeal, John argued that

the trial court should have acquitted him as his guilt was not proved beyond reasonable doubt. He

contended that the paraffin test conducted on him 3 days after his arrest yielded a negative result. Hence,

he could not have shot Gerard. Is John correct?

6. In a criminal case for murder, the prosecution offered as evidence photographs showing the accused

shooting the victim in front of the latters neighbors. The person who took the photograph was not

presented as a witness. During the trial, the prosecution presented the neighbors of the victim whotestified that they were the ones in the photographs. The defense objected to the admissibility of the

photographs because the person who took the photographs was not presented as witness. Is the

contention of the defense tenable?


7. In a civil case for collection of money, Pamela sought to escape liability from a promissory note by

showing that her signature was a forged and presented an expert witness to prove the same. Alicia

objected to the presentation of Pamelas expert witness on the ground that the finding of said witness is

based on a mere Xerox copy of the promissory note. Is the objection of Alicia tenable?


8. A tugboat owned by SHIP AHOY, Inc. (SAI) sank in Subic Bay while helping to tow another vessel, drowning

7 of the crew in the resulting shipwreck. At the maritime board inquiry, 3 survivors of the shipwreck

testified. SAI engaged Atty. Yves to defend against potential claims and to sue the company owning the

other vessel for damages to the tug. Atty. Yves obtained signed statements from the survivors. He also

interviewed other persons, in some instance making memoranda. The heirs of the 7 victims filed an action

for damages against SAI. The counsel of the heirs of the 7 victims sent written interrogatories to Atty.


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Yves, asking whether statements of the witnesses may be obtained. Atty. Yves refused to comply, arguing

that the documents and information asked are privileged communication. Is the contention tenable?

Explain.

9. Henry filed a complaint for declaration of nullity of his marriage with Laura on the ground of psychological

incapacity. Henry sought to testify on a confidential psychiatric evaluation report on his wife. Lauraobjected to Henrys testimony on the ground that it violates the physician-patient privilege. Is the

objection of Laura correct?

10. Samantha sought to offer as evidence the testimony of Dr. Reyes to prove that Ivan is not the illegitimate

son of Marcus as the latter was sterile. Ivan objected to the admissibility of the said testimony arguing

that the same is covered by the physician-patient privilege because the testimony would blacken

reputation of Marcus. It was alleged that Marcus became sterile because he contracted syphilis.

Samantha argues that Marcus is long dead and, as such, the privilege may not be invoked.

1. Is the testimony of Dr. Reyes covered by the physician-patient privilege?2. Does the fact that Marcus is long dead bar the application of the physician-patient privilege?

11. What do similar acts of evidence prohibit?

12. Atty. Cruz and his eight-year-old daughter, Aliya, were shot and killed. A certain Mike surfaced and

executed an affidavit stating that a certain Joseph told him that he was ordered to kill Atty. Cruz by Ryan.

Andres during his detention executed an extrajudicial confession where he implicated Ryan to th e crime.

However, in a letter, Mike disowned the contents of his affidavit and narrated how he had been tortured

until he signed the extrajudicial confession. He stated that Ryan had no participation in the killings. The

prosecutor dismissed the charges.

On appeal, DOJ, initially reversed the dismissal but on MR subsequently ordered the withdrawal of the

information. On the contrary, the RTC held that there was probable cause to hold the Ryan for trial. CA

held that the RTC judge gravely abused her discretion. Was the extrajudicial confession of Columna

admissible as evidence?

13. Brothers Castor and Pollux were charged with murder for killing Achilles father. Achille, however, was

charged with parricide for being a co-principal to the crime. The two cases were tried jointly not until the

two brothers withdrew their not guilty plea for murder. Thus, only Achilles case was tried on the merits.

The prosecution offered in evidence the affidavits of Castor and Pollux containing their extra-judicial

confessions. The two brothers were, however, not presented by the prosecution on the witness stand.

Thereafter, the trial court convicted the accused. Is the trial court correct?

14. A. What are independently relevant statements?

B. What are the classifications of independently relevant statements?

15. Sean was charged with the crime of kidnapping of Viktor. One of the testimonies presented by the

prosecution was that of Vienne, she testified that Viktor confided to her that he and Seans wife Sabina

were having an affair. Undoubtedly, his wife's infidelity was ample reason for Sean to contemplate


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revenge. Consequently, the trial court convicted Sean based on the testimonies of the witnesses. Was the

testimony of Vienne admissible as evidence?

16. Andy robbed Angela. After robbing Angela, Andy fled. Angela then rushed to the police station and told

SPO1 Xerxes what had happened. Andy was charged with robbery. During the trial, Angela can no longer

be located. If the prosecution presents SPO1 Xerxes to testify on what Angela had told him, would such

testimony of Gilbert be hearsay? Explain.

17. Ikoy was charged with rape of his 9 year old stepdaughter, Ella, to which he pleaded not guilty. For the

prosecution, it presented as witnesses the victim, who candidly, vividly and consistently narrated how his

stepfather sexually abused her, and a Medico Legal Certificate issued by Dr. Aguilar, the results of which

showed that the victim suffered hymenal laceration. For the defense, he vehemently denied the charges

and presented an alibi. RTC, affirmed with modification by the CA convicted the accused. Should the

testimony of the child be given full weight and credit?

18. Jimmy, a 25-year old jeepney driver, and his 7-year old son, Owen., stepped out of their house in order to

buy food. Upon reaching the street, father and son encountered Willie, Tito, Vic and Joey. The four were

apparently waiting for Jimmy. They dragged him to a nearby warehouse. Thereafter, a gunshot was heard

from the warehouse. Larry was seen running out of the warehouse followed by the four malefactors.

He fell on the ground near the street corner, Willie shot him four or five times. The tragic occurence was

witnessed by the Owen. It was only after 6 years when two of the four culprits were convicted by the trial

court. On appeal, they impugned the testimony of the child that he was only 7 years old when he

witnessed the shooting, and that he testified six years later or long after that extraordinary event. Is the

contention tenable?

OFFER AND OBJECTION

19. What are the purposes of objections?

20. When should the court make its ruling on the objection?


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ANSWERS:

MCQs 30 ITEMS

ADMISSIBILITY

1. Which of the following is true about admissibility and evidentiary weight of a certain item of evidence?a. A particular item of evidence may be admissible, but its evidentiary weight depends on

judicial evaluation within the guidelines provided by the rules of evidence.

b. A certain item of evidence may be admissible as per stipulation of parties and its evidentiaryweight depends on such stipulation alone.

c. A particular item of evidence may be admissible, but its evidentiary weight depends onjudicial determination even beyond parameters set forth in the rules of evidence.

d. A certain item of evidence may be admissible, but its evidentiary weight depends on judicialevaluation of both the stipulation of the parties and guidelines provided by the rules of

evidence.

2. Is evidence on collateral matters allowed?

a. Evidence on collateral matters shall be allowed, except if it establishes improbability of thefact in issue.

b. Evidence on collateral matters shall not be allowed, except if it establishes probability of thefact in issue.

c. Evidence on collateral matters shall not be allowed, except when it tends in any reasonabledegree to establish the probability or improbability of the fact in issue.

d. Evidence on collateral matters shall be allowed only when it does not establish probability orimprobability of the fact in issue.

3. Which is true about denial?a. A denial is a positive evidence and considered by jurisprudence to be a very strong form of

defense which can overcome an affirmative or positive testimony particularly when it comes

from the mouth of a credible witness

b. A denial is a negative evidence but considered by jurisprudence to be a very strong form ofdefense which can never overcome an affirmative or positive testimony particularly when it

comes from the mouth of a credible witness

c. A denial is a positive evidence but considered by jurisprudence to be a very weak form ofdefense and can never overcome an affirmative or positive testimony particularly when it


d. A denial is a negative evidence and considered by jurisprudence to be a very weak form ofdefense and can never overcome an affirmative or positive testimony particularly when it


4. The legal maxim, Ei incumbit probatio qui dicit, no qui negatprovides thatthe burden of proof lies on

which of the parties?

a. The burden of proof is on the party who asserts the negative of the issue at the beginning ofthe case and continues on him throughout the case.

b. The burden of proof is on the party who asserts the affirmative of the issue at the beginningof the case and continues on him throughout the case.

c. The burden of proof is on the party who asserts the negative of the issue at the beginning ofthe case but abandons the same prior to rendering of judgment.


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d. The burden of proof is on the party who asserts the affirmative of the issue at the beginningof the case but abandons the same prior to rendering of judgment.


5. The following are TRUE about the concept of common knowledge in judicial notice, EXCEPT:a. They are those matters coming to the knowledge of men generally in the course of ordinary

experiences of life.

b. They may be matters which are generally accepted by mankind as true and are capable ofready and unquestioned demonstration.

c. They are facts which are universally known, and which may be found in encyclopedias,dictionaries or other publications, provided, they are of such universal notoriety and so

generally understood that they may be regarded as forming part of the common knowledge

of every person.

d. A court can take judicial notice of any fact which, in part, is dependent on the existence ornon-existence of a fact of which the court has no constructive knowledge.

6. Maria is the defendant in a collection suit filed Juana. Marias lawyer effected a written extrajudicial

admission, which was signed by the latter and provided that she did not pay the entire amount of her loan

to Juana when in fact she already paid at least 40% of the total amount due. The same written admission

came into the hands of Juana who wants to use the same as an evidence to prove liability of Maria. Such

written extrajudicial admission is?

a. Admissible because it is up to Maria to contradict the same in actual hearing.b. Not admissible because it is prejudicial to Marias interest.c. Admissible because a counsel binds his client with respect to admissions.d. Not admissible because a counsel only binds his client with respect to admissions in open

court and in pleadings actually filed with the court.

7. The general rule is thatforeign laws may not be taken judicial notice of and have to be proved like anyother fact but the same admits of certain exception and when said laws are within the actual knowledge of the

court and:

a. Such laws are well and generally known and none of the parties claim otherwise.b. Such laws are referred to in an obiter dictum in previous cases and none of the parties claim

otherwise.

c. Such laws are inconsistent with domestic laws and none of the parties claim otherwise.d. Such laws are merely applied suppletory to domestic laws and none of the parties claim

otherwise.

8. The following are rules with regard to judicial notice of ordinances, EXCEPT?

a. MTCs are required to take judicial notice of the ordinances of the municipality or citywherein they sit.

b. RTCs must take judicial notice when expressly prohibited to do so by a statute.c. RTCs must take judicial notice in a case on appeal before them and wherein the inferior

court took judicial notice of an ordinance involved in the same case.

d. Appellate courts may not take judicial notice of ordinances not only because the lowercourts took judicial notice thereof but because these are facts capable of unquestionable

demonstration.


9. Object evidence shall include:

a. Any article or object which may not be known or perceived by the use of the senses


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b. Examination of the anatomy of a person or of any substance taken for purely medicalpurposes

c. Conduct of tests, demonstrations or experiments to prove scientific hypothesesd. Examination of representative portrayals of the object in question

10. May the courts refuse the introduction of object or real evidence and rely on testimonial evidence alone?

a. No, even if such exhibition is contrary to public morals or decency.b. Yes, but only if to require it being viewed in court or in ocular inspection would not result indelays, inconvenience, or unnecessary expenses which are out of proportion to the

evidentiary value of such object.

c. No, even if such object evidence would be confusing or misleading, as when the purpose isto prove the former condition of the object and there is no preliminary showing that there

has been no substantial change in said condition.

d. Yes, but only if the testimonial or documentary evidence already presented clearly portraysthe object in question as to render a view thereof unnecessary.


11. Which of the following is an exception to the Best Evidence Rule?

a. When the original has been lost or destroyed, or cannot be produced in court, without badfaith on the part of the offeror.

b. When the original is in the custody or under the control of the party in whose favor theevidence is offered, and still the latter fails to produce it after reasonable notice.

c. When the original consists of numerous accounts or other documents which may beexamined in court without great loss of time and the fact sought to be established from

them is only the general result of the whole.

d. When the original is not a public record and not in the custody of a public officer or is notrecorded in a public office.

12. The loss or destruction of a document may be proved by the following, EXCEPT:

a. Any person who knew of such fact.b. Anyone who, in the judgment of the court, had made sufficient examination in the placeswhere the document or papers of similar character are usually kept by the person in whose

custody the document was and has been unable to find it.

c. Any person who has knowledge of its existence as he learned the same from another person.d. Any person who has made any other investigation which is sufficient to satisfy the court that

the document is indeed lost.

13. The following are the factors to be considered in assessing evidentiary weight of an electronic document,

EXCEPT?

a. The reliability of the manner or method in which it was generated, stored or communicated,including but not limited to input and output procedures, controls, tests and checks for

accuracy and reliability of the electronic data message or document, in the light of all the

circumstances as well as any relevant agreement.

b. The reliability of the manner in which its duplicate was identified.c. The integrity of the information and communication system in which it its recorded or

stored, including but not limited to the hardware and computer programs or software used

as well as programming errors.

d. The familiarity of the witness or the person who made the entry with the communicationand information system.

14. Carlos sought the help of NBI in order for him to use as evidence the email messages in his email inbox

purported to be from Michael, the car dealer who sold him a lemon car. The said email messages contain


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relevant information pertaining to their transaction and bear the digital signature which Michael would

usually use in his online business dealings. If Carlos will be successful in authenticating the digital

signature of Michael, what will its effect be?

a. It shall be presumed that the information contained in a certificate is correct.b. It shall be presumed that the digital signature was created outside the operational period of

a certificate.

c. It shall be presumed that there may be an existing cause to render a certificate invalid orrevocable.d. It shall be presumed that the message associated with a digital signature has been altered

from the time it was signed.


15. Matt is the defendant in a parricide case for allegedly killing the father of Yvonne, his estranged wife, who

saw him fleeing from the scene of the crime. During the trial, the prosecutor offered the testimony of

Yvonne as evidence to prove the gui lt of Matt. Can the defendants counsel object on the ground of

marital privilege?

a. Yes, the disqualification on the ground of marital privilege extends not only to testimonyadverse to the spouse but also to a testimony in favor of the spouse.

b. No, the disqualification on the ground of marital privilege does not apply in the case ofestranged spouses, where the marital and domestic relations are so strained that there is no

more harmony to be preserved nor peace and tranquility which may be disturbed.

c. Yes, the disqualification on the ground of marital privilege applies so long as the marriageexists at the time the testimony is offered.

d. No, the disqualification on the ground of marital privilege does not apply to crimescommitted against the direct ascendants or descendants of either husband or wife.

16. Which of the following is true regarding disqualification by reason of death or insanity of the adverse

party?

a. It constitutes a partial disqualification of a witness wherein he is prohibited from testifyingas to any matter of fact occurring before the death or insanity of a party to the transaction.

b. The witness can testify on matters which occurred in the presence and within the hearing ofthe decedent to which he might testify on his personal knowledge if he were alive.

c. Such facts which are favorable to the deceased or insane person or their representatives areprohibited.

d. Objection to such disqualification can never be waived.17. The attorney-and-client privilege does not apply to:

a. Communications which are intended to be made public or be communicated to others.b. Communications which are intended for a lawful purpose.c. Communications which are received from third persons acting in behalf or as agents of the

client.

d. Communications which are made in the presence of third parties who are not strangers tothe attorney-client relationship.

18. The physician-and-patient privilege does not apply to:

a. Communications which are given in confidence.b. Communications which are relevant to the professional employment.c. Communications which are made for a lawful purpose.d. Communications which are intended to be made public.

19. The following pertain to a qualified witness, EXCEPT?


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a. He is a person who can perceive and perceiving.b. He is a person who can make known his perception to others.c. He must have taken either an oath or an affirmation.d. He must possess the disqualifications imposed by law or the rules.

20. What is the effect when mental unsoundness of the witness at the time the fact to be testified occurred

with respect to his competency and his credibility?a. The occurrence of mental unsoundness affects his credibility alone.b. The occurrence of mental unsoundness affects his competency alone.c. The occurrence of mental unsoundness affects either his competency or his credibility.d. The occurrence of mental unsoundness affects both his competency and his credibility.

21. Are deaf-mutes competent witnesses?

a. No, deaf-mutes are incompetent witnessesb. Yes, if they can comprehend facts they are not going to testify on.c. Yes, if they can understand and appreciate the sanctity of an oath.d. Yes, if they can communicate their ideas through an unqualified interpreter.

22. Which of the following is true about disqualification by reason of privileged communication?

a. The holder of the privilege, authorized persons and persons to whom privilegedcommunication were made can assert the privilege.

b. The disqualification always applies to both civil and criminal cases.c. The privilege cannot be invoked where confidential information has been made in

contemplation of death or in furtherance or perpetuation of fraud.

d. Unless waived, the disqualification remains even after the various relationships therein haveceased to exist.

23. The following cases are not covered by the dead man statute, EXCEPT?

a. Testimony of mere witnesses who are either party plaintiffs, or their assignors, or persons inwhose behalf a case is prosecuted, or to a nominal party, or to officers and stockholders of a

plaintiff corporation.

b. If the person or persons mentioned under the rule file a counterclaim.c. Where the deceased contracted with the plaintiff through an agent and said agent is aliveand can testify, but the testimony of the plaintiff should be limited to acts performed by the

agent.

d. Land registration cases instituted by the deceaseds representative, where the oppositor isconsidered as defendant or in cadastral cases where there are no oppositors.

24. Which is a requisite for the application of the physician-and-patient privileged communication?

a. The action is either civil case or criminal case.b. The relation of physician and patient existed between the person claiming the privilege or

his legal representative and the physician.

c. The advice or treatment given by him or any information was acquired by the physicianwhile casually attending to the patient.

d. The information was unnecessary for the performance of his professional duty.25. The following is true about priest-and-penitent privileged communication, EXCEPT?

a. The confession must have been made to the priest in his professional character according tothe discipline of the church to which the priest or minister belongs.

b. Even if the communication is not penitential in character as when what is divulged is theplan to commit a crime, the privileged communication still applies.

c. Communications made must be confidential and must be penitential in character e.g., underthe seal of the confessional.


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d. Its purpose is to allow and encourage individuals to fulfil their religious, emotional or otherneeds by protecting confidential disclosures to religious practitioners.

26. The following are considered other forms of privileged communication, EXCEPT?

a. The guardian ad litem shall not testify in any proceeding concerning any information,statement, or opinion received from the child in the course of serving as a guardian ad litem,

unless the court finds it necessary to promote the best interests of the child.b. Editors, publisher, or duly accredited reporter of any newspaper, magazine or periodical of

general circulation cannot be compelled to reveal the source of any news report or any

information given to him in confidence, unless a court or a House or a committee of

Congress finds that such revelation is demanded for State security.

c. Voters may not be compelled to d isclose for whom they voted.d. Trade secrets cannot be disclosed and the same is absolute as the court may not compel

disclosure even if it is indispensable for doing justice.

27. Which of the following is a purpose of objections?

a. To keep out admissible evidence that would be favorable to a clients cause.b. To protect the record, i.e. to present the issue of inadmissibility of the offered evidence in a

way that if the trial court rules erroneously, the error can be relied upon as a ground for a

future appeal.

c. To expose a witness from being embarrassed by the adverse counsel.d. To allow the adversarys unfair tactics like his consistently asking obviously leading

questions.

28. May objections be waived?

a. Yes, because the right to object is merely a privilege which the party may waive.b. No, because it will be prejudicial to the client if the same is waived.c. Yes, because the right of object is subject to both stipulations by parties and judicial

discretion.

d. No, because it will amount to an admission if the same is waived.29. The following shows how an objection can be made, EXCEPT?

a. Before the court has ruled on the objection, in which case its function is to persuade thecourt to overrule the objection or deny the privilege invoked.

b. After the court has sustained the objection, in which case its function is to preserve for theappeal the evidence excluded by the privilege invoked.

c. When the question to which an objection has been sustained clearly reveals on its face thesubstance, purpose and relevancy of the excluded evidence; an offer or proof is required.

d. Where the offer of proof includes the introduction of documents, or any of the physicalevidence, the same should be marked for identification so that they may become part of the

record.

30. A motion to strike out or expunge inadmissible testimony or evidence is proper:

a. When the answers are competent, relevant or proper.b. When the witness becomes unavailable for cross-examination with fault of the cross-

examining party.

c. When the witness answers prematurely before there is reasonable opportunity for theadverse party to object, and such objection is found to be meritorious.

d. When the testimony was allowed conditionally and the condition for its admissibility wasfulfilled.


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ESSAY QUESTIONS 20 ITEMS

ADMISSIBILITY

1. Is direct proof of previous agreement to commit a crime necessary to prove conspiracy?

No. Considering the difficulty in establishing the existence of conspiracy, settled jurisprudence

finds no need to prove it by direct evidence (Fernan, Jr. and Torrevillas v. People, G.R. No. 145927, Aug.

24, 2007). It may be deduced from the acts of the perpetrators before, during and after the commission of

the crime which are indicative of a common design, concerted action and concurrence of sentiments

(Serrano v. CA, G.R. No. 123896, June 25, 2003).

2. What is the test to determine where the burden of proof lies?

The test is to ask which party to an action or suit will fail if he offers no evidence competent to

show the facts averred as the basis for the relief he seeks to obtain. If the defendant has affirmative

defenses, he bears the burden of proof as to those defenses which he sets up in answer to the plaintiffs

cause of action (Bank of the Philippine Islands v. Spouses Royeca, G.R. No. 176664, July 21, 2008).


3. When are judicial admissions made?

It may be made by the party himself or by his counsel:

1. In the pleadings filed by the parties;

2. In the course of the trial either by verbal or written manifestations or stipulations, including

depositions, written interrogatories and requests for admissions; or

3. In other stages of the judicial proceedings, as in pre-trial.

4. When can admissions in a pleading be considered as extrajudicial admissions?

Admissions in a pleading which had been withdrawn or superseded by an amended pleading,

although filed in the same case, are considered as extrajudicial admissions. The original must be proved

by the party who relies thereon by formally offering it in evidence (Torres v. CA, G.R. Nos. L-37420-21, July

31, 1984).


5. After a full-blown trial, John was found guilty of murder for shooting Gerard. On appeal, John argued that

the trial court should have acquitted him as his guilt was not proved beyond reasonable doubt. He

contended that the paraffin test conducted on him 3 days after his arrest yielded a negative result. Hence,

he could not have shot Gerard. Is John correct?

No. While the paraffin test was negative, such fact alone did not ipso facto prove that John is

innocent. A negative paraffin result is not conclusive proof that a person has not fired a gun. It is possible

to fire a gun and yet be negative for nitrates, as when the culprit is wearing gloves or he washes his hands

afterwards. Here, since John submitted himself for paraffin testing only 3 days after the shooting, it was

likely he had already washed his hands thoroughly, thus removing all traces of nitrates t herefrom (People

v. Brecinio, G.R. No. 138534, Mar. 17, 2004).


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6. In a criminal case for murder, the prosecution offered as evidence photographs showing the accused

shooting the victim in front of the latters neighbors. The person who took the photograph was not

presented as a witness. During the trial, the prosecution presented the neighbors of the victim who

testified that they were the ones in the photographs. The defense objected to the admissibility of the

photographs because the person who took the photographs was not presented as witness. Is the

contention of the defense tenable?

No. Photographs, when presented in evidence, must be identified by the photographer as to its

production and testified as to the circumstances under which they were produced. The value of this kind

of evidence lies in its being a correct representation or reproduction of the original, and its admissibility is

determined by its accuracy in portraying the scene at the time of the crime.

The photographer, however, is not the only witness who can identify the pictures he has taken.

The correctness of the photograph as a faithful representation of the object portrayed can be proved

prima facie, either by the testimony of the person who made it or by other competent witnesses who can

testify to its exactness and accuracy, after which the court can admit it subject to impeachment as to its

accuracy.

Here, the photographs are admissible as evidence inasmuch as the correctness thereof was

testified to by the companions of the victim (Sison v. People, G.R. Nos. 108280-83, Nov. 16, 1995).


7. In a civil case for collection of money, Pamela sought to escape liability from a promissory note by

showing that her signature was a forged and presented an expert witness to prove the same. Alicia

objected to the presentation of Pamelas expert witness on the ground that the finding of said witness is

based on a mere Xerox copy of the promissory note. Is the objection of Alicia tenable?

Yes. As a rule, forgery cannot be presumed and must be proved by clear, positive and convincing

evidence and the burden of proof lies on the party alleging forgery. The best evidence of a forged

signature in an instrument is the instrument itself reflecting the alleged forged signature.

The fact of forgery can only be established by a comparison between the alleged forged

signature and the authentic and genuine signature of the person whose signature is theorized upon tohave been forged. Without the original document containing the alleged forged signature, one cannot

make a definitive comparison which would establish forgery. A comparison based on a mere photocopy or

reproduction of the document under controversy cannot produce reliable results (Heirs of Gregorio v. CA,

G.R. No. 117609, Dec. 29, 1998).


8. A tugboat owned by SHIP AHOY, Inc. (SAI) sank in Subic Bay while helping to tow another vessel, drowning

7 of the crew in the resulting shipwreck. At the maritime board inquiry, 3 survivors of the shipwreck

testified. SAI engaged Atty. Yves to defend against potential claims and to sue the company owning the

other vessel for damages to the tug. Atty. Yves obtained signed statements from the survivors. He also

interviewed other persons, in some instance making memoranda. The heirs of the 7 victims filed an action

for damages against SAI. The counsel of the heirs of the 7 victims sent written interrogatories to Atty.

Yves, asking whether statements of the witnesses may be obtained. Atty. Yves refused to comply, arguing

that the documents and information asked are privileged communication. Is the contention tenable?

Explain.

Yes, the contention of counsel for SAI is tenable considering that he was acting in his professional

capacity in bringing about the statement he obtained from the witnesses and the memoranda he made.

The notes, memoranda, and writings made by the counsel in pursuance of his professional duty, form part

of his private and confidential files in the cases handled by him; hence privileged (Air Philippines Corp v.

Penswell, Inc., G.R. No. 172835, Dec. 13, 2007).


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9. Henry filed a complaint for declaration of nullity of his marriage with Laura on the ground of psychological

incapacity. Henry sought to testify on a confidential psychiatric evaluation report on his wife. Laura

objected to Henrys testimony on the ground that it violates the physician-patient privilege. Is the

objection of Laura correct?

No. One of the requisites before the physician-patient privilege may be invoked is that theperson against whom the privilege is claimed is one duly authorized to practice medicine, surgery or

obstetrics. Here, the person against whom the privilege is claimed is not one duly authorized to practice

medicine, surgery obstetrics.

Henry is simply Laura's husband who wishes to testify on a document executed by medical

practitioners. This does not fall within the claimed prohibition. Neither can his testimony be considered a

circumvention of the prohibition because his testimony cannot have the force and effect of the testimony

of the physician who examined the patient and executed the report (Krohn v. CA, G.R. No. 108854, June

14, 1994).

10. Samantha sought to offer as evidence the testimony of Dr. Reyes to prove that Ivan is not the illegitimate

son of Marcus as the latter was sterile. Ivan objected to the admissibility of the said testimony arguing

that the same is covered by the physician-patient privilege because the testimony would blacken

reputation of Marcus. It was alleged that Marcus became sterile because he contracted syphilis.

Samantha argues that Marcus is long dead and, as such, the privilege may not be invoked.

3. Is the testimony of Dr. Reyes covered by the physician-patient privilege?4. Does the fact that Marcus is long dead bar the application of the physician-patient privilege?1. Yes. Marcuss sterility arose when he contracted syphilis a fact which most assuredly

blackens his reputation. In fact, given that society holds virility at a premium, sterility alone,

without the attendant embarrassment of contracting a sexually-transmitted disease, would

be sufficient to blacken the reputation of any patient (Gonzales v. CA, G.R. No. 117740, Oct.

30, 1998).

2. No. The privilege of secrecy is not abolished or terminated because of death. The purpose ofthe law would be thwarted and the policy intended to be promoted thereby would be

defeated, if death removed the seal of secrecy, from the communications and disclosures

which a patient should make to his physician. After one has gone to his grave, the living are

not permitted to impair his name and disgrace his memory by dragging to light

communications and disclosures made under the seal of the statute (Gonzales v. CA, G.R.

No. 117740, Oct. 30, 1998)

11. What do similar acts of evidence prohibit?

The rule prohibits the admission of the so-called propensity evidence which is evidence that

tends to show that what a person has done at one time is probative of the contention that he has done a

similar act at another time. Evidence of similar acts or occurrences compels the defendant to meet

allegations that are not mentioned in the complaint, confuses him in his defense, raises a variety of

relevant issues, and diverts the attention of the court from the issues immediately before it. (Cruz v. Court

of Appeals, 293 SCRA 239).

12. Atty. Cruz and his eight-year-old daughter, Aliya, were shot and killed. A certain Mike surfaced and

executed an affidavit stating that a certain Joseph told him that he was ordered to kill Atty. Cruz by Ryan.

Andres during his detention executed an extrajudicial confession where he implicated Ryan to the crime.

However, in a letter, Mike disowned the contents of his affidavit and narrated how he had been tortured


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until he signed the extrajudicial confession. He stated that Ryan had no participation in the killings. Th e

prosecutor dismissed the charges.

On appeal, DOJ, initially reversed the dismissal but on MR subsequently ordered the withdrawal of the

information. On the contrary, the RTC held that there was probable cause to hold the Ryan for trial. CA

held that the RTC judge gravely abused her discretion. Was the extrajudicial confession of Columna

admissible as evidence?

Mikes extrajudicial confession affidavit was not admissible as evidence against Ryan in view of

the rule on res inter alios acta. The rule on res inter alios acta provides that the rights of a party cannot be

prejudiced by an act, declaration, or omission of another. Consequently, an extrajudicial confession is

binding only on the confessant, is not admissible against his or her co-accused and is considered as

hearsay against them.

An exception to the res inter alios acta rule is an admission made by a conspirator under Sec. 30,

Rule 130 of the Rules of Court. This rule prescribes that the act or declaration of the conspirator relating

to the conspiracy and during its existence may be given in evidence against co-conspirators provided that

the conspiracy is shown by independent evidence aside from the extrajudicial confession.

Considering the paucity and inadmissibility of the evidence presented against the Ryan, it would

be unfair to hold them for trial (Tamargo v. Awingan, G.R. No. 177727, Jan. 19, 2010).

13. Brothers Castor and Pollux were charged with murder for killing Achilles father. Achille, however, was

charged with parricide for being a co-principal to the crime. The two cases were tried jointly not until the

two brothers withdrew their not guilty plea for murder. Thus, only Achilles case was tried on the merits.

The prosecution offered in evidence the affidavits of Castor and Pollux containing their extra-judicial

confessions. The two brothers were, however, not presented by the prosecution on the witness stand.

Thereafter, the trial court convicted the accused. Is the trial court correct?

No. The failure to present Castor and Pollux gives the affidavits the character of hearsay. It is

hornbook doctrine that unless the affiants themselves take the witness stand to affirm the averments in

their affidavits must be excluded from the judicial proceeding, being inadmissible hearsay. The voluntary

admission of an accused made extra-judicially is not admissible in evidence against his co-accused when

the latter had not been given an opportunity to hear him testify and cross-examine him (People v.Quidato, Jr., G.R. No. 117401. Oct. 1, 1998)

14. A. What are independently relevant statements?

B. What are the classifications of independently relevant statements?

A. These are statements which are relevant independently of whether they are true or not. They

are neither hearsay nor an exception to the hearsay rule as the purpose thereof is not to prove the truth

of the declaration or document (Estrada v. Desierto, G.R. Nos. 146710-15 & 146738, Apr. 3, 2001).

They are relevant since they are the facts in issue or are circumstantial evidence of the facts in

issue.

B. The classifications of independently relevant statements are:

1. Those statements which are the very facts in issue;2. Those statements which are circumstantial evidence of the fact in issue such as:

a. Statements of a person showing his state of mind, that is, his mental condition, knowledge,

belief, intention, ill-will and other emotions;

b. Statements of a person which show his physical condition, as illness and the like;

c. Statements of a person from which an inference may be made as to the state of mind of

another;


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d. Statements which may identify the date, place and person in question; and

e. Statements showing the lack of credibility of a witness.


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15. Sean was charged with the crime of kidnapping of Viktor. One of the testimonies presented by the

prosecution was that of Vienne, she testified that Viktor confided to her that he and Seans wife Sabina

were having an affair. Undoubtedly, his wife's infidelity was ample reason for Sean to contemplate

revenge. Consequently, the trial court convicted Sean based on the testimonies of the witnesses. Was the

testimony of Vienne admissible as evidence?

Yes. Viktors revelation to Vienne regarding his illicit relationship with Seans wife is admissible in

evidence, pursuant to Section 38, Rule 130 of the Revised Rules on Evidence. With the deletion of the

phrase "pecuniary or moral interest" from the present provision, it is safe to assume that "declaration

against interest" has been expanded to include all kinds of interest, that is, pecuniary, proprietary, moral

or even penal. Viktor having been missing since his abduction, cannot be called upon to testify. His

confession to Vienne, definitely a declaration against his own interest, since his affair with Sabina was a

crime, is admissible in evidence because no sane person will be presumed to tell a falsehood to his own

detriment (People v. Theodore Bernal, G.R. No. 113685, June 19, 1997).

16. Andy robbed Angela. After robbing Angela, Andy fled. Angela then rushed to the police station and told

SPO1 Xerxes what had happened. Andy was charged with robbery. During the trial, Angela can no longer

be located. If the prosecution presents SPO1 Xerxes to testify on what Angela had told him, would such

testimony of Gilbert be hearsay? Explain.

No. It is part of res gestae. It is also an independently relevant statement. SPO1 Xerxes testified

based on his personal knowledge; that is, he was testifying to the fact that Angela told him that she was

robbed by Andy and not to the truth of Angelas statement (People v. Gaddi, G.R. No. 74065, Feb. 27,

1989).

17. Ikoy was charged with rape of his 9 year old stepdaughter, Ella, to which he pleaded not guilty. For the

prosecution, it presented as witnesses the victim, who candidly, vividly and consistently narrated how his

stepfather sexually abused her, and a Medico Legal Certificate issued by Dr. Aguilar, the results of which

showed that the victim suffered hymenal laceration. For the defense, he vehemently denied the charges

and presented an alibi. RTC, affirmed with modification by the CA convicted the accused. Should the

testimony of the child be given full weight and credit?

Testimonies of child victims are given full weight and credit, for when a woman or a girl-child

says that she has been raped; she says in effect all that is necessary to show that rape was indeed

committed. Youth and immaturity are generally badges of truth and sincerity.

Ellas testimony that she was raped by the accused is highly trustworthy not only because of the

fact that she was merely a young lass below twelve years of age at the time she testified before the trial

court but also because of her candid, vivid, positive, direct, and consistent narration of how her stepfather

sexually abused her. (People v. Sobusa, G.R. No. 181083, Jan. 21, 2010).

18. Jimmy, a 25-year old jeepney driver, and his 7-year old son, Owen., stepped out of their house in order to

buy food. Upon reaching the street, father and son encountered Willie, Tito, Vic and Joey. The four were

apparently waiting for Jimmy. They dragged him to a nearby warehouse. Thereafter, a gunshot was heard

from the warehouse. Larry was seen running out of the warehouse followed by the four malefactors.

He fell on the ground near the street corner, Willie shot him four or five times. The tragic occurence was

witnessed by the Owen. It was only after 6 years when two of the four culprits were convicted by the trial

court. On appeal, they impugned the testimony of the child that he was only 7 years old when he

witnessed the shooting, and that he testified six years later or long after that extraordinary event. Is the

contention tenable?


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No. The court in several cases had given credence to the testimony of children who had

witnessed the death of their parents. In the case of Maximo, Jr., the horrible manner in which his father

was killed must have been indelibly engraved in his uncluttered memory so much so that the passage of

time could not efface it. When he testified, he was already fifteen years old and a third year high school

student. He was certainly a competent witness. (People v. Sabater, G.R. No. L-38169, Feb. 23, 1978)

OFFER AND OBJECTION

19. What are the purposes of objections?

1. To keep out inadmissible evidence that would cause harm to a clients cause;

2. To protect the record, i.e. to present the issue of inadmissibility of the offered evidence in a

way that if the trial court rules erroneously, the error can be relied upon as a ground for a future appeal;

3. To protect a witness from being embarrassed by the adverse counsel;

4. To expose the adversarys unfair tactics like his consistently asking obviously leading questions;

and

5. To give the trial court an opportunity to correct its own errors and at the same time warn the

court that a ruling adverse to the objector may supply a reason to invoke a higher courts appellate

jurisdiction.

20. When should the court make its ruling on the objection?

It must be given immediately after the objection is made, unless the court desires to take a

reasonable time to inform itself on the question presented; but the ruling shall always be made during the

trial and at such time as will give the party against whom it is made an opportunity to meet the situation

presented by the ruling (Sec. 38).

evidence mcqs and essays - final

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