PRELIM EXAMINATION

LAW ON EVIDENCE

NAME:
SECTION:
SUBJECT / SUBJECT CODE:

INSTRUCTION: Prepare one whole sheet of yellow paper. Select the correct answer for each of the following
questions. Write only one (1) letter of your choice on the answer sheet. If the question is an essay, give a
substantive and concise answer. STRICTLY NO ERASURES ALLOWED.

1. ____________ is the 2. _______________, sanctioned by these 3. ___________ of 4. ____________in a

judicial proceeding the 5. ____________ respecting a matter of fact.

6. Which among the following statement is true:

a.) Corroborative evidence is additional evidence of different kind and character tending to prove the
same point.
b.) Corroborative evidence is additional evidence of same kind and character tending to prove the same
point.
c.) Corroborative evidence is additional evidence of different kind and character tending to prove
different point.
d.) Corroborative evidence is additional evidence of same kind and character tending to prove the same
point.

7-10. Give three kinds of Evidence

11-13. Give atleast three kinds of Mandatory Judicial Notice
14-16. Give the three attributes of Confession

17-18. After an absence of ___________ years, it being unknown whether or not known the absentee still lives
he is she is considered dead for all purposes, except for the purpose of _____________________________.

19. Which among the following statement is true:

a.) A person on board a vessel lost during sea voyage, or an aircraft with is missing who has not been
heard of four years since the loss of the vessel or aircraft.
b.) A person on board a vessel lost during sea voyage, or an aircraft with is missing or who has not been
heard for seven years since the loss of the vessel or aircraft is presumed dead for all purposes.
c.) A person on board a vessel lost during sea voyage, or an aircraft with is missing or who has not been
heard for seven years since the loss of the vessel or aircraft is presumed alive for all purposes.
d.) A person on board a vessel lost during sea voyage or an aircraft with is missing or who has not been
heard for ten years since the loss of the vessel or aircraft is presumed zombie for all purposes.

20. While judicial notice pertains to the court’s acceptance of the facts absent evidence, legal ___________
pertains to the conclusion made by the courts based upon a set of proven ______________ and the application
of _________________.

21. In an estafa case, X wants to prove that he was deceived by Y in a pyramiding scheme. X presented the
affidavits of A, B and C all declaring that Y indeed deceived X. The affidavits of A, B and C are a kind of?
a.) corroborative evidence since the testimonies of A, B, and C corroborate with each other
b.) corroborative evidence since A, B, and C are different persons but proving the same point
c.) cumulative evidence since the statements of A, B, and C, being all testimonial evidence, are the same
and they prove the same point
d.) both corroborative and cumulative evidence since it is a kind of evidence that deals with quantity and
not the quality of the statements made since they prove the same point anyway.

22-23. Evidence, in order to be admissible, must be both ____________ and ____________________.

24-26. The ___________________________doctine is an application of exclusionary rule. Under this doctrine,

if the tree (primary evidence) was obtained unlawfully then its fruit (__________________evidence) is also
considered to have been obtained unlawfully. Both the primary evidence and derivate evidence becomes
_____________________ evidence.

27-30. Provide the order of which the individual witness may be examined pursuant to Rule 132 of the Revised
Rules on Evidence.
31. _________________________ is the duty of a party to present evidence on the facts in issue necessary to
establish his or her claim. This never shifts.
32. _________________________ is the duty of a party to present evidence sufficient to rebut a fact in issue.
This shifts from one party to the other in the course of the proceedings.

33. _________________________ This is the characteristic of evidence where there is a relationship between
the evidence and the fact in issue.

34. _______________________________ The part where a witness is examined by its own lawyer.

35. X charged Y for drug possession. Which of the following is not admissible as evidence for being irrelevant?
a.) Sworn Statement of the Forensic Chemist
b.) Sworn Statement of the Arresting Officer
c.) Sworn Statement of the Investigator
d.) Sworn Statement of the Poseur-Buyer

36. Which among the following statements is false?

a.) The burden of evidence does not shift
b.) The burden of proof does not shift
c.) In criminal cases the prosecution has the burden to prove the guilt of the accused.
d.) In criminal cases, the defense has the burden to prove that the accused’s acts were done in self-
defense.

37-50.

You are the officer in charge of the women’s desk. On the evening of 25 May 2020, you were
approached by a woman who reported that she was raped by a man she just met online. The woman tells you
that she intends to file a criminal case against the man. What pieces of evidence would you advise the woman to
collect to support her case and a finding of guilt beyond reasonable doubt? Extensively discuss your answer,
enumerate as many evidence you can think of and explain why this is relevant in the fact in issue.