READ THE INSTRUCTIONS CAREFULLY:

IDENTIFY THE PRINCIPLE OR RULE BEING DEFINED OR

MENTIONED BELOW AND/OR FILL IN THE BLANKS WITH THE
CORRECT ANSWER. WRITE ONLY THE ANSWER IN YOUR PAPER.

After answering all the questions, take a CLEAR photo of your

answer sheet and email the photo to shirleyjoycem@gmail.com.

You are only given FORTY-FIVE (45) minutes to answer this

questionnaire, which is consists of ELEVEN (11) pages. Hence,
you only have until 4:15 PM to submit and email your answers.

FIVE (5) points will be deducted from your total score FOR EVERY
ONE MINUTE if you submit your answer LATE. The time when the
email is sent as shown in the email will be considered as the time
of submission.

1. That degree of proof required in criminal cases.

2. An _____________made by an accused shall not be sufficient

ground for conviction, unless corroborated by evidence of corpus
delicti.

3. Where several accused, without collusion, made extrajudicial

confessions which are identical in all essential details and
corroborated by other evidence, each confession is admissible
against the other. This is the doctrine of _____________.

4. All persons who can perceive, and perceiving, can make known
their perception to others, may be ____________.

5. The rules of evidence shall be the same in all courts and in all
trials and hearings, except as otherwise provided by law or the
Rules on evidence.

6. The phrase “evidence must not be excluded by the Constitution, the law
or the rules on evidence means that evidence must be
______________ .

7. Evidence is ____________ if it has such a relation to the fact in

issue as to induce belief in its existence or non-existence.
8. ________ means the credibility of the evidence – whether or not
the evidence is believable. This matter is addressed to the
appreciation of the court.

9. It is defined as evidence addressed to the senses of the court –

something that you can see, touch or hear.

10. Evidence that directly proves the fact in dispute without the
need to make an inference from another fact.

11. Kind of evidence given by one possessing in regard to a

particular subject or field or department of human activity,
knowledge not usually acquired by other persons.

12. When the terms of an agreement have been reduced to

writing, it is considered as containing all the terms agreed upon
and there can be, as between the parties and their successors in
interest, no evidence of such terms other than the contents of the
written agreement.

13. Evidence is __________ if it is OF THE SAME KIND AND

CHARACTER as that already given and TENDS TO PROVE THE
PROPOSITION.

14. It is ADDITIONAL EVIDENCE OF A DIFFERENT KIND AND

CHARACTER TENDING TO PROVE THE SAME POINT.

15. Evidence which suffices for the proof of a fact in issue until
rebutted or overcome by other evidence. Standing alone, it is
sufficient to prove your claim.

16. Evidence given to repel, counteract or disprove facts given in

evidence by the adverse party, which is offered after the opponent
has rested its case, in order to contradict the latter’s evidence.

17. Evidence which is not INCONTROVERTIBLE. It admits of

no proof to the contrary.

18. _________ is the effect or result of evidence.

19. A court may take judicial notice of matters which are of public
knowledge, or are capable of unquestionable demonstration, or
ought to be known to judges because of their judicial functions.
This is called _________ judicial notice.

20. But if the court is compelled to take judicial notice, this is

called ____________ judicial notice.

21. ____________admissions are those made in the course of

the proceedings in the same case. They do not require proof and
may be contradicted only by showing that it was made through
palpable mistake or that no such admission was made.

22. An attorney cannot, without the consent of the client, be

examined as to any communication made by the client to him or
his advice given thereon in the course of, or with a view to,
professional employment.

23. Recordings and photographs are examples of ___________

evidence.

24. When the subject of inquiry is the contents of a document,

writing, recording, photograph or other record, no evidence is
admissible other than the original document itself.

25. All persons who can perceive, and perceiving, can make
known their perception to others, may be ____________.

26. A witness can testify only to those facts which he or she

knows of his or her ___________; that is, which are derived from
his or her own perception.

27. During their marriage, the husband or the wife cannot testify
against the other without the consent of the affected spouse,
except in a civil case by one against the other, or in a criminal case
for a crime committed by one against the other or the latter’s direct
descendants or ascendants.

28. A physician, psychotherapist or person reasonably believed

by the patient to be authorized to practice medicine or
psychotherapy cannot in a civil case, without the consent of the
patient, be examined as to any confidential communication made
for the purpose of diagnosis or treatment of the patient’s physical,
 mental or emotional condition, including alcohol or drug addiction,
between the patient and his or her physician or psychotherapist.

29. The husband or the wife, during or after the marriage, cannot
be examined without the consent of the other as to any
communication received in confidence by one from the other
during the marriage.

30. A public officer cannot be examined during or after his or her

tenure as to communications made to him or her in official
confidence, when the court finds that the public interest would
suffer by the disclosure. This is known as the -
__________________ .

31. A witness shall not be compelled to testify against his child or

other direct descendant. This is called ___________.

32. A person cannot be compelled to testify about any trade

secret, unless the non-disclosure will conceal fraud or otherwise
work injustice. When disclosure is directed, the court shall take
such protective measure as the interest of the owner of the trade
secret and of the parties and the furtherance of justice may
require. This is the privilege relating to __________ .

33. The act, declaration or omission of a party as to a relevant

fact may be given in evidence against him or her.

34. The cognizance which courts may take, without proof, of

facts which they are bound or are supposed to know by virtue of
their office.

35. In civil cases, an _____________ is not an admission of any

liability, and is not admissible in evidence against the offeror.

36. The declaration of a dying person, made under the

consciousness of an impending death, which may be received in
any case wherein his or her death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of such
death.

37. It is the means, sanctioned by these Rules, of ascertaining in

a judicial proceeding the truth respecting a matter of fact.
38. In criminal cases, except those involving ________________
or those allowed by law to be compromised, an offer of
compromise by the accused may be received in evidence as an
implied admission of guilt.

39. The rights of a party cannot be prejudiced by an act,

declaration, or omission of another, except as hereinafter provided.

40. An act or declaration made in the presence and within the

hearing or observation of a party who does or says nothing when
the act or declaration is such as naturally to call for action or
comment if not true, and when proper and possible for him or her
to do so, may be given in evidence against him or her. This is
known as _________.

41. The declaration of an accused acknowledging his or her guilt

of the offense charged, or of any offense necessarily included
therein, may be given in evidence against him or her.
42. A statement other than one made by the declarant while
testifying at a trial or hearing, offered to prove the truth of the facts
asserted therein.

43. Hearsay evidence is __________ except as otherwise

provided in these Rules.

44. The purpose of this statement is only to prove the statement,

or that a statement has been made, but not to prove the truth of
the statement. It is called an _______________.

45. This doctrine, under dying declaration, means that the

declarant’s statement must be a full expression of all that he
intended to say as conveying its meaning with respect to a
particular fact.

46. It refers the history of family descent which is transmitted

from one generation to another by both oral and written
declarations and by tradition. It includes relationship, family
genealogy, birth, marriage, death, the dates when and the places
where these facts occurred, and the names of the relatives.

47. __________ existing previous to the controversy, as to

boundaries of or customs affecting lands in the community and
reputation as to events of general history important to the
 community, or respecting marriage or moral character, may be
given in evidence.

48. Statements made by a person while a startling occurrence is

taking place or immediately prior or subsequent thereto, under the
stress of excitement caused by the occurrence with respect to the
circumstances thereof, may be given in evidence as
______________.

49. The Supreme Court declared that a medical certificate

issued by a physician of a government hospital is considered a
_______________. The entries therein are considered entries in
official record. They are prima facie evidence of the facts therein
stated. Thus, there is no need to present the issuing physician.
This case being an exception to the hearsay evidence rule.

50. A witness cannot be compelled to testify against his parent

or other direct ascendant. This is called ___________.

51. A minister, priest or person reasonably believed to be so

cannot, without the consent of the affected person, be examined
as to any communication or confession made to or any advice
given by him or her, in his or her professional character, in the
course of discipline enjoined by the church to which the minister or
priest belongs.

52. A statement not specifically covered by any of the other

exceptions to the hearsay rule, having equivalent circumstantial
guarantees of trustworthiness, may be admissible, subject to
certain requirements.

53. The _______ of a witness is not admissible, except when

given by an expert witness or by an ordinary witness regarding the
identity of a person about whom he or she has adequate
knowledge; handwriting with which he or she has sufficient
familiarity; and the mental sanity of a person with whom he or she
is sufficiently acquainted.

54. It is the process of proving that the witness presented is an

expert and this is done by asking him preliminary questions as to
his education, training, experience, and the like.
55. The accused may prove his or her good moral character,
pertinent to the moral trait involved in the offense charged.
However, the prosecution may not prove his or her bad moral
character unless on ______.

56. It is the duty of a party to present evidence on the facts in

issue necessary to establish his or her claim or defense by the
amount of evidence required by law.

57. It is the duty of a party to present evidence sufficient to

establish or rebut a fact in issue to establish a prima facie case. It
may shift from one party to the other in the course of the
proceedings, depending on the exigencies of the case.

58. This rule states that when the evidence of the prosecution
and the defense are so evenly balanced the appreciation of such
evidence calls for tilting of the scales in favor of the accused.

59. _____________ is an inference which leaves the trial court

at liberty to infer certain conclusions from a certain set of
circumstances. This is actually not a mandatory deduction. The
court is at liberty to lay its inference. It stands more on logic or
human experience.
60. ___________ is a presumption which the law allows to be
drawn from ascertained state of facts. The law lays down the
presumptions. This is mandatory. The court cannot disregard
these presumptions.

61. Presumptions which the law do not allow to be contradicted.

They are unrebuttable and admit of no proof to the contrary.

62. A question which suggests to the witness the answer which

the examining party desires is a leading question.

63. A kind of conclusive presumption which states that whenever

a party has, by his or her own declaration, act, or omission,
intentionally and deliberately led another to believe a particular
thing true, and to act upon such belief, he or she cannot, in any
litigation arising out of such declaration, act or omission, be
permitted to falsify it.
64. A party to a property is precluded from asserting, as against
another party to the deed, any right or title in derogation of the
deed, from denying the truth of any material fact asserted in the
deed. This is called the principle of ___________.

65. Presumptions which are satisfactory if uncontradicted, but

may be contradicted and overcome by other evidence.

66. There is a conclusive presumption that official duty has been

_______ performed.

67. The conclusive presumption that private transactions have

been fair and regular is called the _______.

68. There is conclusive presumption that except for purposes of

succession, when two (2) 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.
This is called the ______ .

69. If there is a doubt, as between two (2) or more persons who

are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall prove the
same; in the absence of proof, they shall be considered to have
died at the same time. This is called the ______ .

70. The court may cause witnesses to be kept separate and to

be prevented from conversing with one another, directly or through
intermediaries, until all shall have been examined in court.

71. The examination of witnesses presented in a trial or hearing

shall be done in _______, and under oath or affirmation.

72. Unless the witness is incapacitated to speak, or the question

calls for a different mode of answer, the answers of the witness
shall be given _____ .

73. It is the examination-in-chief of a witness by the party

presenting him or her on the facts relevant to the issue.
74. It is that part during presentation of witness when upon the
termination of the direct examination, the witness may be asked by
the adverse party on any relevant matter, with sufficient fullness
and freedom to test his or her accuracy and truthfulness and
freedom from interest or bias, or the reverse, and to elicit all
important facts bearing upon the issue.

75. After the examination of a witness by both sides has been

concluded, the witness cannot be recalled without -
_____________.

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

77. To ________ a witness simply means to attack the credibility

of a witness by contradictory evidence, by evidence that his or her
general reputation for truth, honesty, or integrity is bad, or by
evidence that he or she has made at other times statements
inconsistent with his or her present testimony.

78. A witness can be impeached by evidence that he or she has

made at other times statements inconsistent with his or her
present testimony, provided the statements must be related to him
or her, with the circumstances of the times and places and the
persons present, and he or she must be asked whether he or she
made such statements, and if so, allowed to explain them. This is
called ________ .

79. The court, motu proprio or upon motion, shall order

witnesses excluded so that they cannot hear the testimony of other
witnesses. This is called _____.

80. 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 he knew that the same was correctly written or
recorded. This is called _______.

81. A witness may also testify from such a writing or record,

though he retains 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.
This is called _______.

82. Whenever a writing is shown to a witness, it may be _______

by the adverse party.

83. Public records, kept in the Philippines, of private documents

required by law to be entered therein are examples of __________
document.

84. All documents acknowledged before a notary public, except

______________, are public documents.

85. Before any ________document offered as authentic is

received in evidence, its due execution and authenticity must be
proved by anyone who saw the document executed or written; by
evidence of the genuineness of the signature or handwriting of the
maker; or by other evidence showing its due execution and
authenticity.

86. All evidence must be offered _______ .

87. The offer of this kind of evidence must be made at the time
the witness is called to testify.

88. The offer of this kind of evidence shall be made after the
presentation of a party’s testimonial evidence.

89. That stage in the presentation of documentary evidence

when a witness presents proof that the document being presented
is the same one referred to by the witness in his testimony.

90. The process of proving the execution and genuineness of the

document.

91. Objection to offer of evidence must be made immediately

after the offer is made and must be made _________.

92. The court must be give its ________ immediately after the
objection to the offer is made, unless the court desires to take a
reasonable time to inform itself on the question presented.
93. Should a witness answer the question before the adverse
party had the opportunity to voice fully its objection to the same, or
where a question is not objectionable, but the answer is not
responsive, or where a witness testifies without a question being
posed or testifies beyond limits set by the court, or when the
witness does a narration instead of answering the question, and
such objection is found to be meritorious, the court shall sustain
the objection and order such answer, testimony or narration to be
______________ .

94. 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
called _______ .

95. The court shall consider no evidence which has not been
__________.

96. It simply means whether or not the court will allow and
consider the evidence presented. It is based on compliance with
two factors: relevancy and competency.

97. In civil cases, the party having the burden of proof must
establish his or her case by __________________.

98. This kind of evidence is sufficient for conviction if there is

more than one circumstance; the facts from which the inferences
are derived are proven; and the combination of all the
circumstances is such as to produce a conviction beyond
reasonable doubt

99. In cases filed before administrative or quasi-judicial bodies, a

fact may be deemed established if it is supported by
_______________, or that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion.

100. Evidence which is inferior to the best evidence and its

presentation is allowed only when the primary evidence cannot be
presented.