exam

1. Asia Pacific College of Advanced Studies
A.H. Banzon St., Ibayo Balanga City, Bataan
CRIM CA 2 – COURSE AUDIT 2
CLJ4 – CRIMINAL EVIDENCE
DIRECTIONS:Write the letter that corresponds to the best answer on the space provided. There is only one BEST
answer for each question.
1. It consist of any reprehensible deed or word that offends public conscience.
A. Scandal C. Indignity
B. Unjust vexation D. Disgrace
2. What is needed to be proven that scandalous circumstance is an element in the crime of concubinage?
A. If the man is legally married
B. If the mistress is kept outside the conjugal dwelling
C. If the mistress is a relative
D. If the mistress is a virgin
3. It means dwelling together as husband and wife.
A. Cohabit C. Live-in
B. Marriage D. Joint household
4. They should be objected to at the time they are being offered in court.
A. Oral evidence C. Expert evidence
B. Documentary evidence D. Testimonial evidence
5. To appreciate this evidence, it is always a question of logic and experience.
A. Realevidence C. Relevant evidence
B. Object evidence D. Materia evidence
6. Evidences whose admission is prohibited by law.
A. Incompetent evidence C. Inadmissible evidence
B. Unreal evidence D. None of these
7. Which among the following may be considered as subjects requiring expert opinion?
A Medical science C. Undeciphered writings
B. Forensic science D. All of these
8. When it prompts the witness to give an answer the examiner wants to hear it is said to be:
A. Leading question C. Compound question
B. Misleading question D. General question
9. What did you observe after they got married is an example of a
A. Compound question C. Misleading question
B. Leading question D. General question
10. A question which is made up of two or more queried connected by conjunctions and or.
A. Compound question C. Misleading question
B. Leading question D. General question
11. The following are the criteria used to determine whether or not a child regardless of age may be considered as a
competent witness, except:
A. Capacity of observation
B. Capacity of recollection
C. Capacity of communication
D. None of these
12. What must be established, in addition to sexual intercourse in cases of rape?
A. Use of force or intimidation by the offender
B. Resistance on the part of the victim
C. Sterility of the offender
D. All of the foregoing
13. When may evidences be considered as admissible in court?
A. When it is relevant to the issue
B. When it is not excluded by the law or the rules of court
C. When it is competent
D. All of the foregoing
14. Refers to statement made by the litigants in the judicial proceedings.
A. Judicial notice C. Judicial confessions
B. Judicial admissions D. Pleadings
15. Those evidences which results in the greatest certainty of the fact in question?
A. Primary or best evidence C. Competent evidence
B. Secondary evidence D. Conclusive evidence
16. Refers to evidence which indicates that a better kind of evidence exists.
A. Primary or best evidence C. Competent evidence
B. Secondary evidence D. Conclusive evidence
17. It forbids the addition or contradiction in terms of a written instrument by testimony purporting to show that other or
different terms were orally agreed upon by the parties.
A. Best evidence rule C. Hearsay rule
B. Parol evidence rule D. Res Gestae rule

2. 18. Marital disqualification may apply, except:
A. The spouses was legally married
B. The husband is a party to the case
C. The wife is a party to the case
D. It involves civil cases filed by one against the other
19. Refers to matters which are learned in confidence.
A. Private communication
B. Privilege communication
C. Dying declaration
D. Confidential communication
20. The following are requisites for the disqualification based on attorney-client privilege, except:
A. Existence of an attorney client relation
B. Communication was made in the course of professional employment
C. No consent was given by the client to the attorney testifying thereon
D. None of the above
21. When may a descendant to be compelled to witness against his parents or grandparents?
A. A crime against him
B. A criminal case by one the parent against the other
C. A criminal case by one grandparent against another
D. All of the foregoing
22. An agreement made between two or more parties as a settlement of matters in question.
A. Compromise
B. Stipulation
C. Plea bargaining
D. Contact
23. In admission by third party, the right of a party cannot be prejudiced by an act,declaration or omission of another,
except:
A. Admission by a co- partner / joint owner or debtor
B. Admission by conspiration
C. Admission by agent or privies
D. All of foregoing
24. Admission by agents shall be allowed when:
A. The agency is proved by evidence other the admission itself
B. The admission was made during the existence of the agency
C. The admission refers to a matter within the scope of his authority
D. All of the foregoing
25. a dying declaration may be admissible as evidence in cases,except:
A. Imminent death but the declarant is conscious of facts
B. The declaration must concern the time regarding the declarant’s death
C. The declarant is a competent witness and the declaration is offered in a criminal case wherein the declarant’s
death is subject to the injury
D. None of the above
26. Refers to inference which the law makes so preemptory that it will not allow them to be overturned by any contrary
proof.
A. Presumption
B. Conclusive presumption
C. Disputable presumption
D. Estopple
27. A witness of the adverse party may be impeached except:
A. A contradictory evidence
B. By evidence of his general reputation and integrity, and conviction of a crime involving moral turpitude
C. By evidence of another statement made by the witness which are inconsistent
D. None of the above
28. Refers to an official entry of the proceeding in the court of justice.
A. Judicial notice C. Blotter
B. Judicial record D. Official record
29. When may circumstantial evidence be sufficient to obtain conviction?
A. There is more than one circumstances
B. The facts from which the inference are derived were proven
C. When combined proof beyond reasonable doubt may be established
D. All of the foregoing
30. Which among the following are not elements of a corpus delicti?
A. The accused need not to necessarily be the doer of the act
B. Some person is criminally responsible for the act
C. That a certain result has been produced
D. None of the foregoing
31. Which among the following may be used as evidence in a judicial proceeding?
A. Privileged conversation C. Filial Privilege
B. Dying declaration D. Parentalprivilege

3. 32. In PD 1612, the possession of the stolen goods is:
A. Evidence against the accused
B. Means that the accused is not owner
C. Means that the accused is an accessory to the crime
D. Prima facie evidence of fencing
33. Occurs when the evidence adduced proves the disputed fact:
A. Cumulative C. Circumstantial
B. Corroborative D. Relevant
34. Evidence of this kind is those which are capable of perception.
A. Testimonial C. Real
B. Corroborative D. Material
35. A priest may not be able to testify on pertinent matters to the case if said conversation or facts relates to that told in the
confession made by the:
A. Penitent C. Client
B. Patient D. Secretary
36. Who among the following are automatically disqualified to the to take the witness stand?
A. Sick persons
B. Children
C. Homosexuals and lesbians
D. Insane persons
37. Evidence which shows that a best evidence existed as to the proof of the fact in question.
A. Realevidence C. Secondary evidence
B. Best evidence D. Res gestae
38. Legal fitness of a witness to be heard on the trial.
A. Admissibility C. Qualification
B. Competency D. Eligibility
39. Means sanctioned by the rules of court to ascertain the truth respecting a matter of fact.
A. Proof C. Motive
B. Intent D. Evidence
40. A duplicate receipt signed and carbon copied at the same time is in terms of its evidentiary value is deemed as:
A. Duplicate C. Authentic
B. Original D. Genuine
41. Exemption to the hearsay rule made under the consciousness of an impending death.
A. Parol evidence
B. Ante mortem statement
C. Dead man statute
D. Mi ultimo adios
42. When are children deemed not competent to quality as a witness?
A. They understand the obligation of the oath
B. They have not reached the age of discernment
C. They must have sufficient knowledge to receive just impressions as to the facts on which testify
D. They can relate to those facts truly to the court at the time they are offered as witness
43. That degree of proof which produces in the mind of as unprejudiced person, that moral certainty or moral conviction
that the accused did commit the offense charged.
A. Ultimate fact
B. Proof beyond reasonable doubt
C. Preponderance of evidence
D. Substantial evidence
44. Circumstantial facts and declarations incidental to the main fact; means things done
A. Factum probans C. Res gestae
B. Factum probandum D. Owes probandi
45. A person who gives testimonial evidence to a judiciary tribunal.
A. Witness C. Defense
B. Prosecution D. Clerk of court
46. In this sort of action, a person merely acknowledges certain facts but does not admit his guilt.
A. Testimonial
B. Admission
C. Confession
D. Extra- judicial confession
47. When a categorial statement of guilt was made before a component tribunal we classify it is:
A. Confession
B. Admission
C. Judicial confession
D. Extra- judicial confession
48. Any evidence whether oral or documentary wherein the probative value is not based on personal knowledge of the
witness but that from another.
A. Testimonial C. Res gestae
B. Dying declaration D. Hearsay
49. Refers to family history or decent.

4. A. Pedigree C. Inheritance
B. Tradition D. Heritage
50. Obligation imposed upon a party to establish their alleged fact by proof are termed as “burden of proof”, what is its
Latin translation?
A. Factum probans C. Owe probandi
B. Factum Probandun D. Owe probandi
51. The probative value given by the court to a particular evidence.
A. Preponderance of evidence
B. Evidentiary fact
C. Ultimate fact
D. Weight of evidence
52. A degree of proof below that of proof beyond reasonable doubt, which taken in its entirely is superior to that to
another.
A. Best evidence
B. Secondary evidence
C. Preponderance of evidence
D. Weight of evidence
53. The body of a crime.
A. Corpus delicti C. Autoptic evidence
B. Real evidence D. Physical evidence
54. Which among the foregoing is not part of the judicial rule for sufficiency of circumstantial evidence to convict an
accused?
A. There is more than one circumstantial
B. The facts from which the inference are derived must be proved
C. The combination of all the circumstance is such as to produce a conviction beyond reasonable doubt
D. It must be of judicial recognizance
55. Minimum number of witnesses required in rape cases to secure a conviction.
A. 1 C. 3
B. 2 D. None
56. Presumption which the law makes so preemptory that it will not allow them to be reserved by any contrary evidence
A. Presumption
B. Disputable presumption
C. Conclusion
D. Conclusive presumption
57. Logical necessity which rests upon a party at any particular time during the trial to create a prima facie case in his own
favor or to overthrow one created against him.
A. Res gestae C. Burden of proof
B. Burden of evidence D. Estopple
58. It is a bar which precludes a person from denying or asserting anything to the contrary of establish truth.
A. Res gestae C. Burden of proof
B Estopple D. Burden of evidence
59. These questions suggest to the witness the answers to which an examining party requires.
A. Leading C. Estopple
B. Misleading D. Res Gestae
60. A written act or record of acts of a sovereign authority or private writing acknowledge before a notary public.
A. Public document C. Private Document
B. Official document D. Official record
61. Which among the following may disqualify a witness?
A. Capacity of observation
B. Capacity of recollection
C. Capacity of knowledge
D. Capacity of communication
62. What would overturn an alibi and denial in a hearing?
A. Testimony C. Proof
B. Evidence D. Positive identification
63. Prescribed the governing rules on evidence?
A. Revised PenalCode
B. Constitutional
C. Rules on Criminal Procedure
D. Rules of Court
64. Factum Probans means:
A. Evidentiary fact C. Weight of evidence
B. Ultimate fact D. Preponderance of evidence
65. Evidence which has some relation to what is sought to be proved.
A. Relevant C. Competent
B. Material D. Admissible
66. It affects an issue in an important or substantial matter.
A. Relevant C. Competent
B. Material D. Direct

5. 67. Those evidence which are admissible in court are held to be:
A. Relevant C. Competent
B. Material D. Direct
68. Refers to an evidence of the same kind adduced to prove the same fact.
A. Real C. Corroborative
B. Cumulative D. Circumstantial
69. Additional evidence of a different kind but tending to prove the same fact.
A. Real C. Corroborative
B. Cumulative D. Circumstantial
70. Oral testimony given in open court.
A. Realevidence C. Testimonial evidence
B. Documentary evidence D. Admission evidence
71. Evidence delivered in open court wherein the witness state that he does not know whether a fact did or did not occur.
A. Positive C. Direct
B. negative D. Circumstantial
72. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidences.
A. Primary C. Prima facie
B. Secondary D. Best
73. Given by a person of specialized knowledge in some particular field.
A. Primary C. Secondary
B. Best D. Expert
74. That kind of evidence which cannot be rebutted or overcome.
A. Primary C. Real
B. Best D. Conclusive
75. Legal basis of inadmissibility of evidences obtained thru torture, threat, violence or intimidation.
A. Sec 2 Bill of Rights C. Sec 12 Bill of Rights
B. Sec 3 Bill of Rights D. Sec 17 Bill of Rights
76. Cognizance of certain facts which judges may properly take as fact because they are already known to them.
A. Cognizance C. Judicial knowledge
B. Judicial Admission D. Judicial Notice
77. One which assumes as true a fact not yet testified to by the witness, or a contrary to that which he has previously
stated.
A. Leading C. Confusing
B. Misleading D. Res Gestae
78. In case of falsification of document what would be the best evidence?
A. Authentic document C. Questioned document
B. Holographic document D. Genuine document
79. When a witness affirms that a fact did or did not occur, such testimony is said to be:
A. Relevant evidence C. Positive evidence
B. Material evidence D. Negative evidence
80. Which among the following may not be a means to impeach a judicial record?
A. Want of jurisdiction in the court or judicial officer
B. Collusion between the parties
C. Fraud in the party offering the record
D. Alterations
81. What is meant by demurrer to evidence?
A. Motion to dismiss C. Motion to inhibit
B. Plea to dismiss D. Motion to postpone
82. When can a circumstantial evidence sufficient to convict?
A. There is more than one circumstance
B. The facts from which the inference are derived must be proved
C. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt
D. All of these
83. The following are element of corpus delicti, except:
A. That a certain result has been produced.
B. Some person is criminally liable for the act.
C. The accused need not necessarily be the doer of the act
D. The accused must be the doer of the act.
84. Private document are proved by:
A. Testimony of the one who made the writing
B. Testimony of anyone who saw the execution of the writing
C. Evidence of the genuineness of the handwriting of the writer
D. Both B and C
85. Any deed or instrument executed by a private person without the intervention of a notary public.
A. Holographic document
B. Genuine document
C. Public Document
D. Private Document
86. Who among the following may be used to prove the handwriting of a person in open court?

6. A. Secretary of the accused for 20 years
B. A questioned document examiner
C. Friend and co-employee of the accused for more than 20 years
D. Any of the forgoing
87. Under the rules, a judicial record may be impeached by:
A. Evidence of fraud in the party offering the record with respect to proceedings.
B. Evidence of collusion between the partied in the proceedings.
C. Evidence of want in the jurisdiction in the court or judicial officer with respect to the proceedings.
D. Any of the foregoing
88. When shall the offer of testimonial evidence made?
A. Before testimony of witness
B. After testimony
C. At the time the witness is called to testify
D. After the oath of taken by the witness
89. When can the adverse party object to any testimonial evidence?
A. After the testimony of the witness
B. After the direct examination of the witness
C. During the cross examination
D. At any time and as soon as the grounds therefore become reasonably apparent
90. Several documentary evidences were not formally offered at the hearing of the case,this would;
A. Be of no bearing since it is related and important with the case at hand
B. Prompt the court to accept it.
C. Prompt the court to exclude the same from the record
D. Prompt the court to issue a subpoena
91. Generally, objective to documentary evidence must be made;
A. Before it has been offered in the evidence
B. After it has been offered in evidence
C. Within 3 days after notice of the offer unless a different
d. None of these
92. When may a formal offer of object and documentary evidence is made?
A. After the presentation of witnesses of both litigants
B. After a party’s testimonial evidence
C. After pre-trial
D. During pre-trial
93. The degree of proof which produces in the mind of an unprejudiced person, that moral certainly or moral conviction
that the accused did commit the offense charged. Also known as the quantum of evidence used to convict the person
charge in criminal cases
A. Weight of evidence
B. Sufficiency of evidence
C. Preponderance of evidence
D. Proof beyond reasonable doubt
94. Generally leading question are allowed on direct examination in the following cases,except:
A. By contradictory evidence
B. In interrogation of an unwilling or hostile witness
C. When they relate to preliminary matters
D. When there is difficulty in obtaining direct and intelligible answer from the witness
95. Who among the following may give intelligible answer witnesses?
A. A register voter
B. A child of tender age
C. A feeble minded person
D. A deaf-mute person
96. When may a party impeach his own witness?
A. In case of hostile witness
B. Where the witness is not voluntarily offered but required by law to be presented by the proponent
C. Where the witness is the adverse party or the representative of a juridical person which is the adverse party
D. Any of the foregoing
97. The following are means of impeaching witness of the adverse party, except
A. In case of a hostile witness
B. By contradictory evidence
C. Evidence that his general reputation for truth or integrity is bad
D. Inconsistencies of statement made with respect to the testimony
98. These are testimonies which are read and submitted as evidence provided that the respondent is dead or cannot testify
or outside the court.
A. Deposition
B. Oral testimony
C. Testimonial evidence
D. Extra judicial statement
99. The following are factors required to qualify a person as an expert witness, except:
A. Extensive Training and Educational

7. B. Particular first hand familiarity with the facts of the present case
C. Of legal age
D. Presentation of the authorities on which has opinions are based
100. Res gestae may be admissible with the following requisites, except:
A. There must be a starling occurrence
B. The statement must be spontaneous
C. The statements made must refer to the occurrence in question and its attending circumstances
D. It must exist previous to the controversy