G NOTES

EVIDENCE
Makamasa A. Gapit

1. The mode and manner of proving facts in a judicial proceedings.

a. Evidence
b. Proof
c. Factum probans
d. Factum probandum

2. The ultimate fact of fact sought to be established

a. Evidence
b. Proof
c. Factum probans
d. Factum probandum

3. It is the evidentiary fact or the fact by which the factum probans is to be established
a. Evidence
b. Proof
c. Factum probans
d. Factum probandum

4. The law on evidence is basically to be found in:

a. The Rules of Court
b. Decisions of the Supreme Court
c. Constitution
d. All of these

5. These are tangible things which may be exhibited or examined in court for ocular inspection.
a. Documentary evidence
b. Testimonial evidence
c. Object or real evidence
d. Best or primary evidence

6. These are testimony or deposition made by a witness and submitted to the court.
a. Documentary evidence
b. Testimonial evidence
c. Object or real evidence
d. Best or primary evidence

7. Any evidence having any value in reason as tending to prove any matter probable in an action.
a. Relevant evidence
b. Material evidence
c. Testimonial evidence
d. Competent evidence

8. Any evidence directed to prove a fact in issue as determined by the rules of substantive law and
pleadings.
a. Relevant evidence
b. Material evidence
c. Testimonial evidence
d. Competent evidence

9. What is the test of relevancy of evidence?

a. The test to determine whether the evidence is relevant is this: does the evidence has a logical or
reasonable connection to the fact in issue as to induce belief in its existence or non existence.
b. If the evidence is not excluded by the law or the rules of court

10. Evidence of the same kind and tending to prove the same fact/s.
a. Cumulative evidence
b. Corroborative evidence
c. Prima facie evidence
d. Direct evidence

11. Evidence which is additional and of different kind but has the tendency to prove the same point.
a. Cumulative evidence
b. Corroborative evidence
c. Prima facie evidence
d. Direct evidence

12. Evidence which proves the fact in issue without the aid of any inference or presumption
a. Cumulative evidence
b. Corroborative evidence
c. Prima facie evidence
d. Direct evidence

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13. It means “at first sight”. Evidence which standing alone, uncontradicted or unexplained is sufficient
to maintain the proposition affirmed by a party.
a. Cumulative evidence
b. Corroborative evidence
c. Prima facie evidence
d. Direct evidence

14. That proof of fact or facts from which, taken singly or collectively, the existence of the particular fact
in issue may be inferred as anecessary or probable consequence.
a. Cumulative evidence
b. Corroborative evidence
c. Circumstantial evidence
d. Direct evidence

15. When a witness affirms that a fact did or did not occur.
a. Positive evidence
b. Negative evidence
c. Conclusive evidence
d. Primary evidence

16. Evidence which the law does not allow to be contradicted.

a. Positive evidence
b. Negative evidence
c. Conclusive evidence
d. Primary evidence

17. Evidence which is inferior to the best evidence and which shows that a better evidence exists.
a. Secondary evidence
b. Primary evidence
c. Tertiary evidence
d. Real evidence

18. When is evidence on collateral matters allowed?

a. When it tends in any reasonable degree to establish the probability or improbability of the fact in
issue.

19. These are matters other than the facts in issue.

a. Collateral matters
b. Intrinsic evidence
c. Best evidence
d. Secondary evidence

20. Relevancy of evidence is determined by:

a. Logic
b. Human experience
c. All of theses

21. What is the test of competency of evidence?

a. If the law allows it then it is competent
b. Whether or not the law, rules of court, constitution, exclude the evidence

22. Test to determine competency of evidence.

a. Determine it by existing exclusionary rules of evidence

23. According to this rule evidence which is obtained by law enforcement authorities or agents of the
State by unreasonable search and seizure or illegally in general, is excluded as, or inadmissible as
evidence.
a. Silver platter
b. Exclusionary rule

24. Once there is a judicial admission it cannot be contradicted by the admitter unless it shown by him
that:
a. It was made thru palpable mistake
b. No such admission was made
c. All of these

25. Any tangible thing submitted to the court for inspection or demonstration or viewing.
a. Object evidence
b. Autoptic evidence
c. Real evidence
d. All of these because they mean the same thing

26. It is the evidence of the highest order, it speaks more eloquently than a hundred witnesses. It is the
most trustworthy type of evidence.
a. Physical or real evidence
b. Testimonial evidence

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27. The giver/proponent of a real evidence must show to the court that it is authentic. What is the
meaning of authentic?
a. Authentic means, the evidence is what it purports to be, or it is what the proponent says it is.
b. Authentic means it is original and true

28. Which of these is the purpose of authentication of evidence?

a. To prevent the introduction in court of an evidence different from what the witness is telling the
court
b. To make sure that the same evidence found in the scence is the very same evidence being shown
to the court
c. To make sure that there has been no change or alteration in the condition of the subject object
d. All of these

29. What are the ways of authenticating physical evidence?

a. By testimony of witness
b. By establishing chain of custody
c. By hearsay testimony
d. Both a and b

30. That kind of evidence that consists of any writing, symbols, letters, or that which is furnished by
written instruments, or inscriptions which is offered in evidence in courts.
a. Object evidence
b. Testimonial evidence
c. Real evidence
d. Documentary evidence

31. That evidence which suffices for the proof of a particular fact until contradicted or overcome by
other evidence
a. Primary or best evidence
b. Secondary evidence
c. Parole evidence
d. Real evidence

32. That kind of evidence that affords the greatest certainty of the fact in issue.
a. Primary or best evidence
b. Secondary evidence
c. Parole evidence
d. Real evidence

33. What is that evidence which is inferior to primary evidence? It is evidence of the contents of a
document when the original is not available.
a. Primary or best evidence
b. Secondary evidence
c. Parole evidence
d. Real evidence

34. What should be established before secondary evidence is allowed in court?

a. An original must have been executed
b. The original have been lost or destroyed or cannot be produced in court
c. Its destruction or unavailability is without bad faith on the part of the party producing it in court
d. All of these

35. What are the procedures when the original document is in the possession of the opponent or
adverse party, and you want to present a secondary evidence?
a. You prove that an original document exists
b. You must give the adverse oarty reasonable notice to produce the original
c. The adverse party still failed to produce the original document
d. All of these

36. If the original document is a public record how can you prove its contents?
a. By photocopy
b. By recollection
c. By a certified true copy issued by a public officer in custody thereof

37. It is outside or extrinsic evidence introduced or submitted by a party to modify or explain or add
something to the terms of an agreement.
a. Best evidence
b. Parole evidence
c. Real evidence
d. Documentary evidence

38. Parole evidence is also known as

a. Oral/verbal evidence
b. Written evidence
c. Recorded evidence

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39. As a general rule, parol evidence cannot be presented by a party to modify, explain or add terms
and conditions to a written agreement. The statement is:
a. True
b. False

40. In the definition of parol evidence, the term agreement includes wills. The statement is:
a. True
b. False

41. Parole evidence is not allowed in the interpretation of will. The statement is:
a. True
b. False

42. Which of these is disqualified to be witness?

a. One who has been convicted of a crime involving moral turpitude is disqualified as a state witness
b. One who has been convicted of falsification, perjury or false testimony is disqualified from being a
witness to a will.
c. All of these

43. The dead man’s statute may be waived. Which of this is an instance that the dead man statute is
waived by the party?
a. When a party unto him the privilege of dead man statute is given cross examines the witness on
matters that occurred during the lifetime of the deceased or person of unsound mind
b. When the party objects to the testimony of one who wants to testify against a person of unsound
mind or one who is already deceased.

44. This is the communication received in confidence by a person from another by reason of trust or
intimate relationship between them.
a. Parental and filial privilege
b. Dead man statute
c. Exceptions to the hearsay rule
d. Privileged communications

45. When is the marital disqualification rule waived?

a. The spouse failed to object to the testimony of the other spouse
b. The spouse calls the other spouse to testify on privileged matters
c. All of these

46. A person cannot be compelled to testify against his child or other descendant
a. Parental privilege
b. Filial privilege

47. A person cannot be compelled to testify against his parent or other ascendant.
a. Parental privilege
b. Filial privilege

48. It is an act, declaration or omission of a party as to a relevant fact and which as a consequence
may be given in evidence against him.
a. Admission
b. Confession

49. An offer of compromise in criminal cases may be received as an implied an admission of guilt.
However, a compromise in this criminal case is not an admission of guilt. Which one is it?
a. Certain violations of the National Internal Revenue Code
b. Local Government Code violations where the offense penalty does not exceed one year
c. Marital Rape
d. All of the these

50. The existence of partnership agreement between co partners may be proven by:
a. The existence of Article of partnership

51. The existence of principal agent relationship may be proven by:

a. Special power of attorney (spa)

52. Other name for admission by silence

a. Adoptive omission

53. An extrajudicial confession is binding only upon the confessor and is not binding on other persons
because there is no opportunity for cross-examinations. The statement is:
a. True
b. False

54. A judicial confession may be binding against another person such as a co-accused as long as
there is opportunity for the co-accused to cross examine the confessor. The statement is:

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a. True
b. False

55. An admission applies both to criminal and civil cases, while confession applies only to criminal
case. The statement is:
a. True
b. False

56. The rights of a party cannot be prejudiced by an act, declaration or omission of another.
a. Parental and filial privilege
b. Res inter alios acta alteri nocere non debet
c. Interlocking confession
d. Independently relevant statement

57. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he
did not do the same or similar thing at another time.
a. Parental and filial privilege
b. Res inter alios acta alteri nocere non debet
c. Interlocking confession
d. Res inter alios acta alteri nocere non debet II

58. When is hearsay evidence waived by an interested party?

a. It is waived by failure to make a timely objection
b. It is waived by absence during trial
c. It is waived by confession of guilt
d. All of these

59. The test to determine whether a testimony is hearsay is:

a. When a party only heard what he is testifying about
b. When the adverse party is deprived of the opportunity to cross examine the real witness against
him
c. When the party only read what he is testifying about
d. All of these

60. Under the rules on examination of child witness, a statement made by a child describing any act or
attempted act of child abuse, not otherwise admissible under the hearsay rule, may be admitted in
evidence in any criminal or non-criminal proceeding subject to certain rules. The statement is:
a. True
b. false

61. This principle holds that conversations communicated to a witness by a third person may be
admitted as a proof regardless of their truth or falsity, as long as they were actually made.
a. Interlocking confession
b. Independently relevant statement

62. Which of this is a requisite of dying declaration?

a. The declaration was made under the consciousness of an impending death
b. The declaration refers to cause and surrounding circumstances of the death of the declarant
c. The declarant dies
d. The declaration is offered in a criminal case whein his death is the subject of inquiry
e. The declaration refers to facts wherein the victim is competent to testify
f. All of these

63. Which of these is a requisite of declaration against interest?

a. Declarant is dead or unable to testify
b. The declaration is against the interest of the declarant
c. The declarant had no motive to falsify
d. The declarant believed the declaration to be true
e. All of these

64. Ante litem motam means:

a. Declaration prior to the controversy

65. In act or declaration about pedigree, the declarant is either dead or unable to testify. In family
reputation or tradition regarding pedigree the declarant need not be dead. The statement is:
a. True
b. False

66. Parts of the res gestate includes which of these?

a. Spontaneous exclamations
b. Statements accompanying an equivocal act/verbal acts
c. All of these

67. Which of these is a requisite of spontaneous exclamations (res gestate)?

a. The principal act or res gestae is a startling occurrence

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b. The statements were made by the declarant immediately before, during or after the startling
occurrence
c. No was no time for the declarant to devise a falsehood in his statements
d. The statement refers to the occurrence or to its circumstances
e. All of these

68. In dying declaration it is required that the statement was made under the consciousness of an
impending death while in res gestae it is not required that the declarant be conscious of such
impending death. The stamen is:
a. True
b. False

69. Which of these statements is true regarding character of the accused?

a. The prosecution is not allowed to present evidence of bad moral character of accused pertaining
to the moral trait involved in the offense charged
b. The accused is allowed to present evidence of his good moral character
c. In rebuttal, the prosecution may present evidence of bad moral character of the accused if the
accused was the first one to present evidence of his good moral character
d. All of these

70. Which of these is true regarding the character of the offended party/complainant/victim?
a. Evidence of good or bad character of offended party may be presented if it tends in any
reasonable degree the probability or improbability of the offense charged.
b. The good or bad character of the offended party cannot be proven at all cost

71. It is an inference which the law makes so peremptory that it will not allow it to be overturned by any
proof no matter how strong.
a. Conclusive presumption
b. Presumption juris et de jure
c. All of these

72. It is a presumption which stands unless rebutted by a stronger evidence.

a. Disputable presumption
b. Presumption juris tantum
c. All of these

73. Estoppel in pais

a. Whenever a party has by his act declaration intentionally and deliberately led another to believe a
thing to be true, he cannot be permitted to falsify it
b. The tenant is not permtted to deny the title of his landlord

74. Estoppel by conduct

a. Whenever a party has by his act declaration intentionally and deliberately led another to believe a
thing to be true, he cannot be permitted to falsify it
b. The tenant is not permtted to deny the title of his landlord

75. In direct examination the witness may be examined:

a. On any relevant fact to the issues
b. On any facts even irrelevant to the issue

76. On cross examinations the witness may be cross examined:

a. On any matters stated in the direct examination

b. Or any matter connected to the direct examination
c. All of these

77. Purpose of cross examinations

a. To test accuracy of witness

b. To test truthfulness of witness
c. Test his freedom from interest or bias
d. Elicit all important facts upon the issue
e. All of these

78. It is the re examination of the witness by the lawyer calling him

a. Direct examination
b. Cross examination
c. Re direct examination
d. Re cross examination

79. In redirect examination, the court in its discretion may allow the witness to be questioned even on
matters not asked or dealt with during cross examinations. The statement is:
a. True
b. False

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80. It is the examination again of the adverse party to explain his answer given during re-direct
examination
a. Direct examination
b. Cross examination
c. Re direct examination
d. Re cross examination

81. Narrative testimony is not allowed. However, under the Rules on examination of child witness,
narrative testimony may be allowed by the court on child witnesses. The statement is:
a. True
b. False

82. Leading questions are normally not allowed but under the Rule on Examination of Child Witness,
the court may allow leading questions in all stages of examination of a child if the same will further
the interests of justice.
a. True
b. false

83. In re-cross examination, the court in its discretion may allow the witness to be questioned even on
matters not asked or dealt with during re-direct. The statement is:
c. True
d. False

84. The Judicial Affidavit Rule has been said to have reduced by how much time which was originally
used for presenting testimonies of witnesses?
a. About 2/3
b. About half of the time

85. A.M. No. 8-8-8-SC is:

a. Judicial Affidavit Rule

86. The Judicial Affidavit Rule does not apply to what kind of cases?
a. Criminal
b. Civil
c. Small claims cases

87. Under the Judicial Affidavit Rule, the parties shall file with the court and serve on the adverse party,
personally or by licensed courier service, not later than how many days before pre-trial or
preliminary conference or the scheduled hearing with respect to motions and incidents, the
following:

The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct
testimonies; and

The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits
and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as
Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.

a. 5 days

b. 10 days

88. The judicial affidavit rule is also applicable in criminal actions if:
a. The maximum of the imposable penalty does not exceed six years;

b. The accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or

c. With respect to the civil aspect of the actions, whatever the penalties involved are

d. All of these

89. As a rule a party cannot present evidence of good character of a witness. But a party may present
evidence of good character of witness after his witness has been impeached by evidence of bad
character. The statement is
a. True
b. False

90. A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded
by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at
any other time when the fact was fresh in his memory and knew that the same was correctly written
or recorded; but in such case the writing or record must be produced and may be inspected by the

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 adverse party, who may, if he chooses, cross examine the witness upon it, and may read it in
evidence. This is:
a. Present recollection revived
b. Past recollection recorded

91. A witness may testify from a writing or record, though he retain no recollection of the particular
facts, if he is able to swear that the writing or record correctly stated the transaction when made;
but such evidence must be received with caution.
a. Present recollection revived
b. Past recollection recorded

92. Public document need not be authenticated to be admissible in evidence, but private documents
generally need authentication to be admissible. The statement is:
a. True
b. False

93. For the purpose of their presentation evidence, documents are either public or private (no
commercial document). The statement is
a. True
b. False

94. Public documents are which of these?

a The written official acts, or records of the official acts of the sovereign authority, official bodies
and tribunals, and public officers, whether of the Philippines, or of a foreign country;

b Documents acknowledge before a notary public except last wills and testaments; and

c . Public records, kept in the Philippines, of private documents required by law to the entered
therein

c. all of these

95. How do you prove authenticity of a private document?

a. By anyone who saw the document executed or written

b. By evidence of the genuineness of the signature or handwriting of the maker
c. All of these

96. A document which is more than 30 years old unblemished. It is

a. Ancient document

97. Official records may be proven by:

a. Official publication
b. Copy of that record
c. All of these

98. How do you impeach judicial records?

a. Showing want of jurisdiction in the court or judicial officer
b. Showing collusion between the parties
c. Showing fraud in the part offering the record
d. All of these

99. Notarized documents may be presented in evidence without further proof because the certificate of
acknowledgment is prima facie evidence of the execution of the document. The statement is:
a. True
b. False

100. If a document appeared to be altered it is generally:

a. Admissible
b. Not admissible

101.So that an altered document will become admissible, the one presenting it must show
a. It was altered without his concurrence
b. It was made with consent of the party affected by it
c. It was altered innocently
d. The alteration did not change the meaning of the document
e. Any one or all of these

102. When do you offer testimonial evidence? Testimony of witness?

a. At the time the witness is called to testify

103. When do you offer documentary and object evidence?

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 a. After the presentation of party’s testimonial evidence

104. If documents or things offered in evidence are excluded by the court, the offeror may have the
same attached to or made part of the record. If the evidence excluded is oral, the offeror may state
for the record the name and other personal circumstances of the witness and the substance of the
proposed testimony. This is known as
a. Tender of excluded evidence

105. Circumstantial evidence alone is not sufficient for conviction. The stament is:
a. True
b. False

106.Which of these is true presumption if the marriage is terminated and the mother contracted another
marriage within three hundred days after such termination of the former marriage, these rules shall
govern in the absence of proof to the contrary:

a. A child born before one hundred eighty days after the solemnization of the subsequent marriage
is considered to have been conceived during such marriage, even though it be born within the three
hundred days after the termination of the former marriage.

b. A child born after one hundred eighty days following the celebration of the subsequent marriage
is considered to have been conceived during such marriage, even though it be born within the three
hundred days after the termination of the former marriage.

c. all of these

107. There is no presumption of legitimacy of a child born after three hundred days following the dissolution of the
marriage or the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove his
allegation. The statement is:

a. true

b. false

108. Except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or
conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be
inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes,
according to the following rules. Which of these is the correct rule?

a. If both were under the age of fifteen years, the older is deemed to have survived;

b. If both were above the age sixty, the younger is deemed to have survived;

c. If one is under fifteen and the other above sixty, the former is deemed to have survived;

d. f both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be
the same, the older;

e. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived.

f. all of these

109. What is the test of relevancy of evidence?

a. Whether or not the evidence presented has such a relation to the fact in issue as to induce a belief in its existence
or non existence.

b. If the evidence is excluded by the law or the rules of court.

110. Is the most trustworthy of all pieces of evidence. It is the evidence of the highest order because it speaks more
eloquently than a hundred witness.

a. object evidence

b. documentary evidence

c. testimonial evidence

111. The thing speaks for itself

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a. res ipsa liquitour

b. salus populi est supreme lex

112. What is the purpose of authenticating evidence?

a. to comply with the law

b. To prevent the introduction in court of objects different from the one testified about

113. Evidence can be identified in court by:

a. by testimony

b. by establishing chain of custody

c. all of these

114. In general it means the proper accounting of the location and movement of the physical evidence from the time
it was obtained up to its production in court. As a mode of authenticating evidence, This rule requires the presentation
of the seized prohibited drugs as an exhibit be preceded by evidence sufficient to support a finding that the matter in
question is what the proponent claims it to be. This would ideally cover the testimony about every link in the chain,
from seizure of the prohibited drug up to the time it is offered in evidence, in such a way that everyone who touched
the exhibit would describe how and from whom it was received, to include, as much as possible, a description of the
condition in which it was delivered to the next in the chain.

a. chain of custody

b. authenticating evidence rule

115. If a document is prepared in several copies through the use of carbon sheets, then each carbon copy is
considered as what?

a. Secondary
b. Inadmissible
c. (duplicate) original
d. Certified true copies

116. The proper oder of presentation of secondary evidence is: existence; execution; loss; contents. The stament is

a. true

b. false

117. It means outside or extrinsic evidence which is introduced in court to modify, explain, add, or subtract, some
terms in the written agreement.

a. best evidence

b. parole evidence

118. The parol evidence rule does not apply to:

a. Receipts
b. Contracts

119. Which of these is disqualified to become a state witness?

a. convicted of slander

b. convicted of any crime involving moral turpitude

120. Which of these is disqualified to become attesting witness to a will?

a. convicted of falsification of document

b. convicted of perjury

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c. all of these

121. Purpose of dead man’s statute

a. To prevent the surviving party from making fraud against the estate;

b. To protect the rights of a person who is already dead.

C. All of these

122. The marital disqualification rule may be waived by:

a. Failure of the spouse to object to the testimony of the other spouse

b. The affected spouse called the other spouse to testify
c. All of these

123. Privileged communication between lawyer and client is not applicable if the criminal act is to be done in the
future. Only past transactions are covered by the privileged communications between lawyer and client. The
statements are:

a. true

b. false

124. A, B and C were charged with a crime. A and B admitted the crime and implicated C as the mastermind. C, who
was within hearing distance of A and B merely bowed his head and said nothing. This is:

a. Admission by silence

b. silence means yes

125. It is a confession in a criminal case so corroborative of each other as to impose faith that they must have a
basis in fact. Where extrajudicial confession have been made by several persons charged with conspiracy and there
could have been no collusion with reference to several confessions, the fact that the statements are in all material
respects identical is confirmatory of the testimony of the accomplice.

a. interlocking confessions

b. independently relevant statement

126. Oral or documentary evidence the probative value of which is not based on the personal knowledge of the
witness testifying thereon but from the personal knowledge of another who is absent from the witness stand.

a. Hearsay evidence
b. Probable cause

127. It states that when the testimony is presented to establish not the truth but only the tenor of the statement or the
fact that the statement was made, it is not hearsay and hence admissible. Under this rule, only the fact that such
statements were made is relevant and admissible, but the truth or even the falsity thereof is not material.

a. interlocking confessions

b. independently relevant statement

128. This term refers to statements by the participant or the victim or the spectators to a crime immediately before,
during or after its commission.

a. Dying declaration
b. Declaration against interest
c. Mi ultimo adios
d. Res gestae

129. Res gestae has two parts they are:

A. SPONTANEOUS EXCLAMATIONS;

B. STATEMENTS ACCOMPANYING AN EQUIVOCAL ACT (VERBAL ACTS).

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c. both of these

130. What is the test of hearsay?

a. Testimony is hearsay if the party is deprived of the opportunity to confront and cross examine the witness against
him

B. The testimony is hearsay of it does not have any direct relation to the fact in issue

131. A statement made by a child describing any act or attempted act of child abuse, not otherwise admissible under
the hearsay rule, may be admitted in evidence in any criminal or non criminal proceeding. This is

a. hearsay exception in child abuse cases

132. What do you call that logical necessity which rests upon a party at the time of the trial to create a prima facie
case in his own favor or overthrow one when something is created against him.

a. Burden of proof
b. Burden of evidence

133. It means that the testimony adduced by one side is more credible and conclusive than that of the other, or the
evidence as a whole, adduced by one side is superior to the other.

a. proof beyond reasonable doubt

b. preponderance of evidence

134. A question which suggests to the witness the answer which the examining party desires.

a. leading

b. misleading

135. One which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously
stated. It is not allowed.

a. leading

b. misleading

136. Where a private document is more than thirty years old, is produced from the custody in which it would naturally
be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its
authenticity need be given. This is:

a. ancient document rule

b. best evidence rule

137. It literally means “false in one thing-false in everything”. It refers to that principle where on one point, the witness
has lied, his testimony upon another points may be disregarded.

a. falso in uno falso in omnibus

b. experssio unius est exclusion alterious

138. Where the inculpatory circumstances are capable of two inferences, one which is consistent with the
presumption of innocence and the other compatible with the finding of guilt, the court must acquit the accused
because the evidence does not fulfill the test of moral certainty and therefore insufficient to sustain a judgment of
conviction. It may also be defined as where the evidence of the parties in a criminal case is evenly balanced, the
constitutional presumption of innocence should tilt the scales in favor of the accused and he should be acquitted.

a. equipoise rule

b. exclusionary rule

139. An affidavit where the affiant retracts his former statement or say something contrary to it.

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a. affidavit of recantation

b. affidavit of desitance

140. One where the complainant signifies his withdrawal to file or pursue a criminal case. Usually, it was done
because of out of court settlement (usually for some monetary considerations) but is tolerated by the courts.

.a. affidavit of recantation

b.affidavit of desistance

141. Latin term meaning from another source from elsewhere, from outside.

a. aliunde

b. pro hac vice

142. It means before death.

a. ante mortem

b. in articulo mortis

143. What rule of evidence generally prohibits introduction of evidence aliunde?

a. parole evidence rule

b. best evidence rule

144. It means at the time when declarant had no motive to distort the truth. Before suit is brought.

a. ante mortem

b. ante litem motam

145. Rules which states that documents or things offered in evidence which are excluded by the court, the offeror
may have them attached or made part of the record.

a. tender of excluded evidence

b. offer of proof

c. both of these

END

References:

1. E.B. Generoso, Evidence for Everybody, 2006 edition

2. Florenz D. Regalado, Remedial Law Compendium
3. Oscar M. Herrera, Remedial Law 2002 edition
4. Ricardo J. Francisco, Evidence, 1996 edition
5. Ramil B. Gabao, Evidence
6. Ricardo L. Pronove, Evidence in Action, 1995
7. Supreme Court Reports Annotated

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