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EVIDENCE

1. How do you prove a written foreign law?


Under Section 24 of Rule 132, the record of public documents of a sovereign authority or
tribunal may be proved by (1) an official publication thereof or (2) a copy attested by the
officer having the legal custody thereof. Such official publication or copy must be
accompanied, if the record is not kept in the Philippines, with a certificate that the
attesting officer has the legal custody thereof. The certificate may be issued by any of the
authorized Philippine embassy or consular officials stationed in the foreign country in
which the record is kept, and authenticated by the seal of his office. The attestation must
state, in substance, that the copy is a correct copy of the original, or a specific part
thereof, as the case may be, and must be under the official seal of the attesting officer.
2. Supposed a foreign law was pleaded as part of defense of defendant but no evidence was
presented to prove the existence of said law, what is the presumption to be taken by the
court as to the wordings of the said law?
The presumption is that the wordings of the foreign law are the same as the local law, also
known as the doctrine of processual presumption.
3. Choose the best principle related to the concept of primary or best evidence and
secondary evidence.
Best Evidence Rule the subject matter must involve a document; and the subject of
inquiry is the contents of the document.
Secondary Evidence like a copy of the original, is admissible as an exception if the
original writing has been lost, destroyed or cannot be produced in court without bad faith
on the part of the party offering the secondary evidence.
4. Choose the best answer, according to the rule on Multiple admissibility:
All of the above
5. The following rights are protected by the exclusionary rule:
Exclusionary Rules- those that exclude certain kinds of evidence on the grounds of policy
and relevancy. Example: the rule that character evidence is not admissible in civil cases;
the rule disqualifying certain persons from being witnesses.
6. Which of the following is the best statement?
Materiality refers to the relation to the fact in issue as to induce belief in its existence or
non-existence.
7. Choose an incorrect statement on Judicial Notice:
A judge is justified in refusing to take judicial notice of a fact which is not without his
knowledge or memory even if the fact in question is one which is the proper subject of
judicial cognizance.
8. Judicial Admission:
Admission made in an amended complaint
Admission obtained through depositions
Admission made in the execution of an affidavit under oath
An allegation on a complaint based on contract of sale.
9. Three special rules apply to documentary evidence:
a. Best Evidence rule
b. Doctrine of completeness
c. Authenticated
14. Which of the following combination of statements or requisites would allow Commercial List
and the like to be exempted from the hearsay rule.
1. Statements of matters of interest to persons engaged in an occupation

2. Contained in a list, register, periodical, or other published compilation is admissible as tending to prove
the truth of any relevant matter so stated if that
3. Compilation is published for use by persons engaged in that occupation and is
4. generally used and relied upon by them therein.