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1.) What is Evidence 1191

2.) When is Evidence admissible 1191
3.) State the rule on the relevancy of Evidence 1191
4.) What are the kinds of Evidence 1191
5.) What is the “equiponderance of evidence rule” 1193
6.) How is circumstantial evidence established 1193
7.) What are the classes of evidence 1193
8.) May a confession of an accused be admissible against a co-accused 1194
9.) What is substantial evidence 1194
10.) Is there difff. b/w evidence and proof 1195
11.) Is there distinction b/w factum probandum from factum probans 1195
12.) Are the rules of evidence in criminal and civil cases the same? 1195
13.) When is evidence admissible? 1195
14.) State the two axioms of admissibility of evidence 1195
15.) Is there any difference between admissibility and credibility? 1195
16.) What are the classes of evidence 1196
17.) If evidence is admissible, does it follow that it has probative value 1196
18.) Is evidence obtained by entrapment and instigation admissible 1196
19.) Is evidence obtained without a search warrant admissible 1196
20.) Is evidence obtained through uncounseled confession admissible 1196
21.) Is a tape recording of private conversation admissible in evidence 1196
22.) A and B are married. B was suspecting that her husband was keeping
a mistress, so she raided his office and obtained documents to show that he
has a mistress. Are the documents admissible in evidence? Why? 1197
23.) X was presented a witness against Y in a crime of murder. Y failed to
cross-examine the witness because of lack of material time. X did not
appear anymore. May the testimony of X identifying Y as the perpetrator of
the crime be admissible in evidence? 1198
24.) What is multiple admissibility of evidence 1198
25.) What is meant by conditional admissibility of evidence 1198
26.) What is curative admissibility 1198
27.) State the effect of statement in the affidavit calling the two accused as
“unidentified men”. 1198
28.) Give the concept of collateral matters. 1199
29.) May collateral matters be allowed in evidence 1199
30.) Give the concept of:
a. Prospectant collateral matters
b. Concomitant collateral matters
c. Retrospectant collateral matters 1199
31.) State the basis of the rules of evidence 1200
32.) What is judicial notice? 1200
33.) State the function of judicial notice. 1200
34.) State the basis of the principal of judicial notice 1200
35.) Is there a difference between actual knowledge and judicial know. 1200
36.) State the effect if judicial admissions by a lawyer during the trial. 1201
37.) A filed a complaint against B who filed an answer with admission. The
complaint was dismissed. State the effect of B’s admission in his responsive
pleading. 1201
38.) What is the extent of the value of a paraffin test? 1201
39.) What is the nature of results of paraffin test? Explain 1201
40.) What is polygraph and state the theory behind it? Explain 1202
41.) While it is true that the results of paraffin and polygraph tests have been
rejected by our courts, is there a different rule on DNA Test in the Philippines?1203
42.) Against whom is an extrajudicial confession admissible? 1203
43.) What matters shall be taken judicial notice of? 1204
44.) When is judicial notice discretionary 1205
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45.) Is there any need to prove admissions in the course of proceedings in court?

46.) How may an admission be contradicted? 1205

47.) What are object as evidence 1206
48.) What are documents as evidence 1206
49.) State the best evidence rule 1206
50.) The rule is that, no evidence shall be admissible other than the document
itself. Are there exceptions 1206
51.) What are considered originals of a document 1206
52.) State the extent of applicability of the best evidence rule 1206
53.) How may the original of a lost or destroyed document be proved 1206
54.) When may secondary evidence be shown if the original of a document is in
the possession of the adverse party 1207
55.) When may secondary evidence be shown if the original of a document is in
the possession of the adverse party? 1207
56.) How may a public document be proved? 1207
57.) During the trial, X moved for the production of a document. Is it obligatory for
him to offer it in evidence? 1207
58.) State the rule when the terms of the agreement are put to writing. 1209
59.) Under what circumstances may a party present evidence to modify, explain or
add to the terms of the written agreement? 1209
60.) A contract of sale of a motor vehicle was entered into between A and
B. Later on, a controversy arose where the seller contended that there was
actually no consideration in the sale and that the deed was merely a
security for the time deposit placements of the buyer’s relatives with the
bank. May the deed of sale be proved or altered by parole evidence? 1210
61.) May parol evidence be presented to show that one party was defrauded into
signing it?
62.) State the reason why parol evidence is inadmissible to vary the terms of a
contract. 1210
63.) May parol evidence be presented to show or contemporaneous acts or
agreements to vary a transmission? 1210
64.) X sold his house and lot with right to repurchase to Y. Can he prove it to be
one of sale with mortgage? 1211
65.) What is the extent of the applicability of the parol evidence rule? 1211
66.) How shall the language of a writing be interprete? 1211
67.) Rule on interpretation of documents 1212
68.) State the nature of testimonial evidence as source of evidence 1213
69.) Who may be witnesses? 1213
70.) May a witness be disqualified by mental incapacity/immaturity? 1213
71.) In a prosecution for rape, a mentally retarded witness was presented
and testified against her father. She even demonstrated before the court
their relative positions during the molestations and remained consistent
with her statement that her father raped her. The accused was convicted.
Was the conviction proper considering that the witness was mentally
retarded? Explain. 1214
72.) What are the basic requirements of a child’s competency as a witness 1214
73.) Is the relationship of a witness to a party a ground to throw aside his
testimony 1214
74.) May I spouse testify against each other? Is the rule absolute? 1215
75.) State the rule on the disqualification by reason of death or insanity of an
adverse party. 1215
76.) Who may not testify by reason of privileged communication? 1215
77.) X filed a complaint for declaration of nullity of his marriage with Y on
the ground of psychological incapacity. Can he testify on a confidential
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psychiatric evaluation report on his wife without offending the privileged

communication rule? 1216
78.) State the rule that a person may not be compelled to testify on the ground of
parental or filial privilege. 1216
79.) State the rule as to the admissions of a party. 1216
80.) Give examples of acts, declarations or omissions of a party which may be
given in evidence against him. 1217
81.) X confided to Direct Neri that she committed adultery. Is the
statement admissible in evidence? 1217
82.) X an accused in a rape case, admitted his guilt while being
interviewed on t.v. State the effect of such admission. 1217.
83.) Is the order to put the pants on of an accused, a violation of his constitutional
right against self-incrimination? 1218
84.) What is the effect of a party’s failure to deny the genuineness and due
execution of a document? 1218
85.) When may an amended pleading which disappears from the record of a case
be admissible as extrajudicial admission? 1218
86.) May a party who filed an answer be allowed to override his admissions in the
answer by way of his testimony? 1219
87.) What is the probative value of a letter of apology by an accused, like a person
accused with rape, to the parents of the victims? 1219
88.) When is an offer of compromise admissible or not admissible against the
offeror? 1219
89.) X offered to plead guilty to a lower offense, but withdrew it. Is it
admissible against him? 1219
90.) State the rules on the admissibility or inadmissibility of an offer to
compromise 1220
91.) State the effect of a compromise in criminal case. 1220
92.) What is the effect of a plea for forgiveness in a criminal case? 1220
93.) May the admission of a person prejudice the rights of another? Are there
exceptions 1221
94.) State the concept and effect of the res inter alios acta rule 1221
95.) When is an admission of a co-conspirator admissible against the co-accused?
96.) An extrajudicial confession may be admissible when it is used as a
corroborative evidence of other facts that tend to establish the guilt of his co-
accused. What does this imply 1222
97.) What requisites must be complied with in order that the declaration of a
conspirator may be admissible against the other 1222
98.) State the rule on admission by evidence 1223
99.) State the rule on admissibility of confession of an accused 1223
100.) State the four fundamental requisites for the admissibility of a confession.
101.) In a case, the appellant has already been singled out as a suspect, arrested,
taken into custody and was being investigated by the police. He made an admission
of guilt before the barangay captain in response to the query of the latter as to why
he committed the crime charged in the presence of the police chief. Is the confession
admissible against him? 1223
102.) What is the rationale for the right to counsel to attach the moment the
investigation or interrogation starts? 1224
103.) During the custodial investigation, accused was not accorded counsel. He
made a confession. The one who obtained it was presented as a witness. What is the
effect if it is not objected to immediately 1224
104.) If an accused confess to a private individual about the commission of a crime,
is the confession admissible. 1224
105.) State the nature of an interview of the accused with the media about the
commission of a crime and the guidelines on its admission in evidence 1225
106.) State the rule of admissibility of similar acts as evidence 1226
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107.) State the rule if an offer in writing to pay money is rejected without valid
cause 1226
108.) What may a witness testify to? 1226
109.) Before the crime of murder was committed where a child witness saw
it, the accused coughed four times. This was the basis of the identification
of the accused by the child witness. Accused questioned the child’s
testimony with respect to his recognition of the coughing made by the
accused. He contended that it is unbelievable and that any identification
made in this manner is subject to mistakes. Rule on his contention. 1227
110.) What are the exceptions to the hearsay rule 1227
111.) May a person be convicted on the basis of hearsay evidence 1230
112.) What is the nature of a private certification as evidence 1230
113.) Accused argued that the chemistry report presented by the
prosecution is inadmissible as evidence as the person who actually
conducted the examination was not presented to testify before the court.
This chemistry report confirmed that the white crystalline substance seized
by the police in the buybust operation is the methamphetamine
hydrochloride. Is the contention correct 1230
114.) Hearsay evidence is admissible if not objected to. Does it mean it is also
credible? 1231
115.) What requisites must be present for dying declaration to be admissible in
evidence 1231
116.) An uncounseled confession of the accused is inadmissible in evidence. Can it
be admitted as verbal admission by the accused? 1233
117.) When is dying declaration admissible in evidence? 1233
118.)