EVIDENCE

MIDTERM EXAMS

ATTY. HADJI HROTHGAR O. HIDLAO

November 7, 2019

Part 1
1. Distinguish Presumption of Death from Presumption of Survivorship (5 pts)

2. Distinguish burden of proof from Burden of Evidence (5pts)

3. Distinguish Best Evidence Rule from Parol Evidence Rule (5pts)

4. Distinguish Judicial Confession from an Extrajudicial Confession (5pts)

Part 2

1. Police officers arrested Mr. Druggie in a buy-bust operation and confiscated from him 10
sachets of shabu and several marked genuine peso bills worth P5,000.00 used as the buy-bust money
during the buy-bust operation.

At the trial of Mr. Druggie for violation of R.A. No. 9165 (Comprehensive Dangerous Drug Act
of 2002), the Prosecution offered in evidence, among others, photocopies of the confiscated marked
genuine peso bills. The photocopies were offered to prove that Mr. Druggie had engaged at the time of
his arrest in the illegal selling of dangerous drugs.

Invoking the Best Evidence Rule, Atty. Maya Bang, the defense counsel, objected to the
admissibility of the photocopies of the confiscated marked genuine peso bills.

Are the photocopies of the confiscated marked genuine peso bills admissible in evidence? explain
your answer. (10 pts)

2. Immediately before he died of gunshot wounds to his chest, Venancio told the attending
physician, in a very feeble voice, that it was Arnulfo, his co-worker, who had shot him. Venancio
added that it was also Arnulfo who had shot Vicente, the man whose cadaver was lying on the bed
beside him. In the prosecution of Arnulfo for the criminal killing of Venancio and Vicente, are all the
statements of Venancio admissible as dying declarations? Explain your answer. (10 pts)

3. A search warrant was issued for the purpose of looking for unlicensed firearms in the house of Ass-
asin, a notorious gun for hire. When the police served the warrant, they also sought the assistance
of barangay tanods who were assigned to look at other portions of the premises around the house. In
a nipa hut thirty (50) meters away from the house of Ass-asin, a barangay tanod came upon a kilo of
marijuana that was wrapped in newsprint. He took it and this was later used by the authorities to
charge Ass-asin with illegal possession of marijuana. During the search, no guns were found. So
Assasin was charged with Section 11 of R.A. 9165 for illegal possession of Marijuana. Assasin
objected and assailed that he is innocent.

Is the objection of Assasin valid? 10 pts

** trust the process **

50 pts
26 passing.
Goodluck