Week 3

1. When, at the earliest, may a person be considered or declared absent?

a. After lapse of ten years from the disappearance.
b. After lapse of seven years from the disappearance if he/she left an agent to manage his
estate.
c. After lapse of two years from the disappearance.
d. After lapse of ten years from the disappearance if he/she left a spouse.

2. The following can file a petition for declaration of absence of a person except:
a. the absentee’s spouse who is present.
b. Those who have over the property of the absentee some right subordinated to the
condition of his death
c. a creditor of the absentee.
d. the heirs instituted in the will or those who will succeed by the law of intestacy

3. If the court should make a declaration of absence, when will it take effect?
a. Six months after the declaration is made.
b. it takes effect immediately, to prevent further dissipation of the absentee’s properties.
c. It takes effect immediately and retroacts to the date when the absentee actually
disappeared.
d. Six months after its publication in a newspaper of general circulation designated by the
court and in the official gazette.

4. The airplane that X took on his way to New York was last seen across Singapore. Thereafter
the air controllers in the surrounding areas were unable to trace its location. It seemed as if
the airplane simply vanished. When no news of the plane stretched to 3 years, M, his spouse
filed a petition for X to be declared absent. She prayed that O, who was X’s business
associate (and her secret boyfriend) be appointed as the administrator of X’s properties.
With no other person for the position, the court appointed O as administrator. Later, after
obtaining a declaration of presumptive death for purposes of remarriage, M and O married
each other. 10 years since the court’s declaration, friends and relatives reported seeing X in
various places on different occasions. A mutual friend even reported talking to X in a party
where both of them were invited. What is the effect of this on O’s guardianship over X’s
properties and O’s marriage to X’s wife, M?
a. The appearance of X will have to be reported by M to the court which issued the
declaration of his absence. If indeed the court finds X to be alive, O’s administration over
the properties as well as his marriage to X’s wife will be terminated.
b. It will have no effect. X’s appearance must be personal to terminate the administration
of his properties. He must file an affidavit of reappearance or file a case to terminate
the marriage between M and O.
c. After the lapse of ten years since the court made the declaration of X’s absence, the
declaration has already become final. If it should be shown that X’s absence for a
prolonged period was intentional, X will have to file another case, to prove he is alive, in
order to undo the declaration.
d. The appearance of X will automatically terminate the administration over his properties
as well as the marriage between M and O.

5. On February of 1986, X, an owner of a hardware store, had bought tons of steel pellets from
the manufacturer Z, amounting to Php3million pesos, Unfortunately, X was only able to pay
 Z Php1million pesos, leaving a balance of Php2million. In a collection case for sum of money,
the court rendered judgment in favour of Z, directing X to pay Z the amount, Unable to make
any payment as his hardware business had since gone bankrupt, the court sheriff was poised
to execute on X’s sole property – his residence in Dasmarinas Village in Makati worth
Php25million pesos. Built in the 1970’s, it was first owned by X’s parents, and was passed on
to him after their death in 1983. It was where he and his wife raised their family after they
got married in 1999. Presently, it is where X and his family – his wife, and his daughters, aged
15 and 10 years old respectively, live. Is the property exempt from execution?
a. No. the house was constructed, and the debt for which execution is sought, were
incurred before the Family Code took effect. First, the home must be constituted
judicially or extrajudicially as a family home in order to be exempt from execution. There
is no showing that this was made in this case.
b. Yes, the effectivity of the Family Code has superseded Rule 106 of the Rules of Court.
There is now no more need for judicial or extrajudicial constitution. Every home with a
family is automatically considered a family home.
c. Yes, for as long as a family lives in a home, and the head of the family is the one who
owns the same, said home is considered a family home with all the benefits/privileges
accorded to a family home under the law.
d. No, considering that the house was not constituted as a family home as required of
houses constructed prior to the effectivity of the Family Code, X’s family should have
intervened in the case for collection of sum of money, and pleaded before it as basis for
their intervention, the possible execution of the judgment against their family home.
They are now estopped from raising the issue.

6. In 1969, M filed a petition in court under Rule 107, praying that her husband X be declared
absent. Allegedly, she and X were married in March of 1960. In April of 1962, she and X were
engaged in an argument during which X left the house in a huff. She never heard from him,
since. As stated by M, she and X did not acquire any property during the short time they
were together. They had also incurred no debts. According to M, her only purpose in filing
the petition is to establish the absence of her husband so that she will know how to indicate
her status in all her official documents – whether she can be considered still “married” or a
“widow.” Will her petition prosper?
a. No, the petition will not prosper, as there is no allegation that M had also wanted to
declare X absent for purposes of remarriage.
b. Yes, the petition will prosper. A declaration of absenteeism is a declaration of a status of
a particular person. It will be helpful for the spouse who is present to be given the
personality to represent her husband in all relevant matters
c. Yes, the petition will prosper. A declaration of absence is necessary to establish the
status of the absentee and all the persons related to him/her.
d. No, the petition to declare a person an absentee under Rule 107 is only for the
purpose of safeguarding the properties he/she left behind. If there are no properties
to speak of, the petition has no basis

7. A and B were sweethearts in 3rd year college when B got pregnant with X. Finding himself
too young to marry, A left B. Distraught, B found herself alone and fell into the chivalrous
care of D, a man 10 years her senior who agreed to marry her and to recognize X as his own
child. With nowhere to go, B decided to marry D and gave birth to X. In C’s birth certificate, it
was indicated that X’s father was D. After 5 years, D died. A and B met again and rekindled
their romance. Now more mature, they decided to marry. A and B wanted to correct the
birth certificate of X, so that A will be indicated therein as her father. They prayed that her
birth certificate reflect her true paternity. Under what mode shall the petition be filed?
a. Under Rule 103.
 b. Under the Family Code.
c. Under Rule 108 in an adversarial proceeding.
d. Under R.A. 9048 as amended by R.A. 10172.

8. If you were the judge, which of the following grounds will you NOT find meritorious to justify
a petition for a change of name?
a. change of name from “Lucia Batongbakal” to “Luciano Bantongbakal” to reflect the sex
change undergone by the petitioner.
b. change of name of a 15-year old boy, resident of Tagbilaran, from “Alfredo Bayot” to
Alfredo Dela Cruz.”
c. Change of name of an illegitimate child “Roy Santos Cruz” into “Roy Santos” (without
any middle name) on the ground that the child’s father, Renato B. Cruz had not
acknowledged him.
d. Change of name of a former Chinese citizen named “Hui Suy Fat” to “Wilton Dee” after
naturalization into a Filipino citizen.

9. Generally, where does one file a petition for change of name, under Rule 103?
a. Before the RTC of the city/province of the civil registry where the birth certificate sought
to be changed is registered.
b. Before the Family Court of the city/province where the petitioner is residing for the past
three years prior to the filing of the petition.
c. Before the Civil Registrar where the birth certificate sought to be changed is registered.
d. Before the RTC of the city/province where the petitioner is residing for the past three
years prior to the filing of the petition.

10. A woman, “Peachy Cerna Cruz” married “Antonio Lopez Santos.” After marriage, it is her
option to adopt any of the following names except –
a. Peachy Cerna Lopez.
b. Peachy C. Santos.
c. Peachy Cerna Cruz.
d. Peachy Cruz-Santos.

11. When one says that a proceeding is adversarial, this entails a proceeding which:
a. impleads as party-respondents those interested in the change sought, notices are sent
to individual respondents and published in a newspaper of general circulation 1x a
week for 3 consecutive weeks.
b. will always involve a long drawn trial, with full-blown presentation of evidence for and
against the petition.
c. any proceeding that have adversaries is an adversarial proceeding.
d. involves parties who will actively oppose the petition by presenting evidence to disprove
allegations in the Petition

12. In petitioner’s birth certificate, her name is indicated as “Michael Soriano Gallo, male.”
Petitioner wanted to make changes in her birth certificate to reflect true facts, as follows –
a) her name as appearing in the birth certificate – from Michael to Michelle (b) her biological
sex from “male” to “female.” Petitioner alleged that she had been born a girl and that it was
because of a mistake that her name was entered as “Michael” instead of “Michelle” and her
sex as “male” instead of “female.” In addition, she wanted to add changes -- (c) her middle
name, "Soriano"; (d) her mother's middle name, "Angangan"; (e) her father's middle name,
 "Balingao"; and, (f) her parent's marriage date, May 23, 1981, in her Certificate of Live Birth,
as these were not recorded.

As proof, she attached to her petition copies of her diploma, voter's certification, official
transcript of records showing that she had always used the name “Michelle” in all her official
records, her medical certificate to show that she had been born a girl and had not
undergone any sex-change, her mother's birth certificate, and her parents' marriage
certificate.

Under what rule or law will she file her petition?

a. Under an administrative proceeding (see R.A. 9048 as amended)
b. Under Article 108 in an adversarial proceeding.
c. Under Rule 108.
d. Under Rule 103.

13. A change in the name of petitioner as appearing in his record of birth, from “Alfredo Bayot”
to Alfredo Dela Cruz” on the ground that his family name “Bayot” has made him a subject of
ridicule in the workplace, is subject of a petition to be filed under
a. Rule 108.
b. Rule 108 in an adversarial proceeding.
c. an administrative proceeding.
d. Rule 103.

14. In each of the following instances, a family home, constructed in 2015, is exempt from
execution, except-
a. when the debt for which the house to be executed is incurred in 1983
b. when the obligation for which the house is to be executed, is to satisfy the unpaid wages
of the construction workers who built said house
c. when the house’s market value is assessed to be at Php10million pesos.
d. when the debt is incurred after construction and prior to 2015.

15. An illegitimate child, Maria Esmeralda, whose mother is Maritess Garcia Azarcon, and whose
biological father is Fernando Flores Cruz, if not acknowledged by her father, will have her
first name, middle name and surname, recorded respectively, as –
a. First name: “Maria Esmeralda”; Middle Name: “Garcia”; Surname: “Cruz.”
b. First name: “Maria Esmeralda”; Middle Name: “Garcia”; Surname: “Azarcon.”
c. First name: “Maria Esmeralda”; Middle Name: Azarcon; Surname: “Cruz.”
d. First name: “Maria Esmeralda”; Middle Name: “No Middle Name”; Surname:
“Azarcon.”

Question 1

1 / 1 pts

Unknown to A, her 15 year-old daughter X, had met W, a 30-year old man online. They soon
became friends. Moved by W’s smooth talk, X agreed to be W’s girlfriend. Under the pretext of
staying late at school for club meetings, X and W began to meet furtively behind A’s back. The
secret trysts came to an end when A personally fetched X in school and discovered X was gone
and that she had not been attending club meetings. A strictly prohibited X from seeing W.
Frustrated at being prevented from seeing each other, X and W ran away and began to live
together in W’s bachelor pad. A filed a petition for habeas corpus against W. Would her petition
prosper?

No, the petition will not prosper because there is no showing that W is a government agent
who had violated the constitutional right to liberty of X.

No, the petition will not prosper because there is no deprivation of liberty. There is no showing
that W was keeping X against her will.

Yes, the petition will prosper but only against A as she is the one who is illegally depriving X of
the liberty by preventing her from seeing her boyfriend.

Yes, her petition would prosper. As a parent, A has legal custody over her minor daughter, as
opposed to W.

Question 2

1 / 1 pts

While X was sleeping, several armed men barged into his house, handcuffed him and ransacked
his house. Later, they showed him several firearms of unknown calibre and a magazine. They told
him that they found these items inside a cabinet in his room on the second floor. X asked if they
had a search warrant but they had none to show him. They took him to the police station they
interrogated him and detained for a week. His wife filed a petition for habeas corpus. However,
that same day the petition was filed, a case for illegal possession of firearms was filed against X.
Would the petition for habeas corpus prosper?

No, the petition would not prosper. Any irregularities in the arrest of X are deemed “cured” by
the subsequent filing of charges against him. The question of such irregularities is best raised
before the court trying the criminal cases against X.

No, the petition will not prosper because the firearms and explosives were found inside his
house. There is always presumption of regularity in the performance of the duty of police
officers and X can disprove that in the criminal case.

Yes, the petition will prosper. The police officers had arrested and detained X in the official
performance of their duties. Having detained X illegally, it is incumbent on the police officers to
explain the basis of their actions.

Yes, the petition will prosper, upon showing that X was illegally arrested and detained without a
search warrant in violation of his constitutional right to security in his home, and right to liberty.

Question 3

1 / 1 pts

While X was sleeping, several armed men barged into his house, handcuffed him and ransacked
his house. Later, they showed him several firearms of unknown calibre and a magazine. They told
him that they found these items inside cabinet inside his room on the second floor. He asked if
they had a search warrant but they had none to show him. They took him to the police station
where he was interrogated and detained for a week. His wife filed a petition for habeas corpus.
However, that same day the petition was filed, a case for illegal possession of firearms was filed
against X. X then filed an application for bail which was granted. Would the petition for habeas
corpus prosper?

Yes, the petition will prosper. The filing and grant of nail is irrelevant, for as long as there is a
showing that X was illegally arrested and detained without a search warrant in violation of his
constitutional right to security in his home, and right to liberty.

es, the petition will prosper. The application and grant of bail is irrelevant, for as long as it can
be established that the police officers had arrested and detained X in the official performance of
their duties. Having detained X illegally, it is incumbent on the police officers to explain the basis
of their actions.

No, the petition would not prosper. Habeas corpus is a remedy available only to those deprived
of liberty. Having been allowed bail, X cannot anymore be considered “under detention” and
therefore, the petition for habeas corpus has been mooted.

No, the petition will not prosper despite the grant of bail because several firearms and
explosives were found inside his house. There is always the presumption of regularity in the
performance of the duty of police officers and X can disprove that in the criminal case against
him.

Question 4

1 / 1 pts

When wife A, discovered that her husband B was engaged in an extramarital affair with M, she
packed up her bags, took their 3 minor children and left the house. Panicked at the plight of their
three small children aged 3, 5, and 6, B frantically looked for them. Before long, A began sending
B text messages asking him for money. B noticed that the addresses A gave him to which he
would send his monetary support through Palawan Express had varied from among 5 different
places – Pampanga, Cebu, Iloilo, Davao and Bohol. Apparently, A had taken his children to
different places in order to avoid him. He is also unsure what place A will bring his children next.
Concerned for his children’s welfare as they had stopped going to school and, as A had told him
over the phone, the 2 youngest had become sickly, B wanted to file a petition for habeas corpus
to gain custody. Where would he file the petition?

Before any of the family courts of Pampanga, Cebu, Iloilo, Davao and Bohol.

Before the Sandiganbayan.

Before the Court of Appeals.

 Before the RTC of Pampanga, Cebu, Iloilo, Davao and Bohol.

Question 5

1 / 1 pts

Under the foregoing factual circumstances (question no. 4) Would the petition of B prosper?

No, the petition will not prosper. A being the mother, will always have custody of the minor
children under seven years of age, as opposed to B.

Yes, the petition for habeas corpus will prosper but only if filed under Rule 102.

No, the petition will not prosper as it does not involve the constitutional right of the children to
life, liberty and security. The proper remedy of B is to file a case for kidnapping against A.

Yes, the petition will prosper as B, together with A, have joint legal custody of their children,
being their parents and guardians. A cannot deprive B of custody unilaterally.

IncorrectQuestion 6

0 / 1 pts

On their way home from work, several armed men came and picked up labor leaders A, B and C,
pushed them inside a waiting van. They were handcuffed and blindfolded. After 3 hours of
driving, they reached a secluded place where they were relentlessly interrogated by armed men
wearing military uniforms. The armed men accused them of being members of the CPP-NPA and
ordered them to divulge the identity of the other members. A, B and C were surprised to note,
from the questions asked of them – that their captors knew many things about them, leading
them to believe that they were subject of surveillance prior to their abduction. On the fifth
night, A, B and C escaped and found that they were in a military camp in Nueva Ecija. They found
their way back to Manila. Suffering from trauma, A, B and C were unable to eat and sleep. They
lived in constant fear, knowing that their captors knew so much about them – particularly their
addresses, places of work and the names of their relatives. They wanted to file a petition for a
writ of amparo. Will their petition prosper even if they are no longer detained?

No, their escape from their captors had rendered moot and academic any petition for the
issuance of a writ of amparo.

No, the petition will not prosper. Regardless of their escape, the military men were just
performing their duties. It is the mandate of the military to uphold the Constitution and quell
the CPP-NPA, an armed, rebel movement seeking to oust the lawfully constituted government.

Yes, the petition will prosper. It is only through filing the petition that their captors, all members
of the military, will be held to answer for their abduction and be punished therefor. Their escape
is irrelevant.
 Yes, the petition will prosper. Even if they are no longer in detention, they still are not free in
every sense of the word as they continue to be restricted by fear. The threat of again being
abducted, and even killed constitute a direct violation of their right to security of person.

Question 7

1 / 1 pts

During the height of a fraternity war between two of the strongest fraternities in the campus –
the Sigma Phi and the Sigma Rho, A, B and C, all members of the Sigma Phi were abducted by
members of the Sigma Rho. While in the house of one fraternity brother, A, B and C were
subjected to torture, in retaliation for the earlier atrocities the Sigma Phi had committed against
some members of the Sigma Rho. For three days, A, B and C were kept blindfolded and
handcuffed in a shed. Their parents filed a petition for writ of amparo against the Sigma Rho
fraternity. Will their petition prosper?

Yes, the writ of amparo is effective deterrent against all kinds of forced disappearances,
detention and torture that curtail the constitutional rights of private individuals.

No, the abductors and torturers of A, B and C are already known. So there is no need for a
petition. The best action is to file a criminal case against the members of the Sigma Rho
fraternity.

No, the writ of amparo is only available where the disappearance of or detention of a person is
committed by a State agent or with the participation, direct or indirect of the State. In this case,
this element is not attendant as this is purely a frat war involving private persons.

Yes, the writ of amparo is available to forestall all kinds of detention and deprivation of liberty
committed against a person as these are part of basic rights under the Constitution.

Question 8

1 / 1 pts

In a petition for a writ of amparo, what constitutes the final order of the court that puts an end
to the petition?

The order for the production of the body of the person who is alleged to have been abducted
or unlawfully detained.

The judgment which the court will render after a summary hearing granting the privilege of the
writ and other reliefs, that are proper and appropriate.

The decision finding the respondents guilty for the alleged detention/disappearance and
imposing on them the proper penalty.

The issuance of the writ of amparo.

Question 9

1 / 1 pts

In a petition for a writ of amparo, what constitutes the “answer” or the “responsive pleading”
filed by the respondent?

affidavit of the respondents.

the interim reliefs.

the act of producing the body of the person who allegedly disappeared or was detained, before
the court.

the return of the writ and all the attachments thereto.

IncorrectQuestion 10

0 / 1 pts

Z, the mother of X filed a petition for writ of amparo after her son X had disappeared from his in-
campus dormitory at the University of the Philippines-Diliman. X is an activist and a student
leader. Witnesses had executed affidavits detailing how they had seen several armed men in
military uniforms had abducted X and pushed him inside a van with the plate number MBA 3245
which was later traced to an unmarked military vehicle. Another witness testified to seeing X
inside a military camp where he was handcuffed and tortured. Unfortunately, after the petition
was filed, some of the affiants can no longer be contacted by Z. Others suddenly became
hesitant to testify for fear of retaliation. What will happen to the petition?

the petition will be archived, to be later revived if a witness will testify. It will be dismissed with
prejudice if no such witness surfaces within the next 2 years.

the petition will proceed. The court will nonetheless direct the respondents to submit their
return to the writ and will decide the petition on the basis thereof.

the petition will proceed. The burden of disproving the allegations would rest on the
respondents, anyway.

the petition will be dismissed outright for failure of the petitioner to prove the allegations
therein.

Question 11
1 / 1 pts

X, a well-known blogger with a clean image, had mistakenly uploaded in her Facebook account
an unedited video of herself, while topless and in a compromising position with her boyfriend in
a beach resort in Panglao. She had meant it to be only for her own personal use but forgot to
adjust the settings which caused the video to be uploaded in her very public account with a
million followers. Before long, she had suffered a backlash. Her video was shared more than a
thousand times. Several memes were even created out of it by rival bloggers. As a result X lost
several endorsement contracts. X filed a petition for a writ of habeas data, pleading her right to
privacy and her right to control the information about her. Will her petition prosper?

Yes, any material uploaded by a person in any social media platform is her own private
property. Any attempt to re-post said material without the person’s express consent constitutes
a ground for the grant of the petition.

No, X failed to manifest her intention to keep her post private when she failed to adjust her FB
privacy settings to prevent access thereto or limit its visibility. Where there is no evidence that
she placed her post within the protected zone of privacy, she cannot insist an expectation of
privacy.

No, the petition will not prosper. X must first show that other persons had gathered information
on her, utilized the same to her prejudice and that she had suffered damages as a result. Failing
this, her petition will not prosper.

Yes, the use of any material and the distortion thereof for its utilization for purposes other than
what its uploader intended is actionable under the petition for writ of habeas data.

Question 12

1 / 1 pts

X, an American citizen of Filipino descent enrolled in an exposure program to the Philippines

with the group Bagong Alyansang Makabayan-United States of America (BAYAN-USA). In the
course of her immersion, she toured Central Luzon and, conducted an initial health survey in
Tarlac for a future medical mission. While resting in a house, fifteen (15) heavily armed men
forcibly opened the door, barged inside and ordered X and her companions inside the van where
they were blindfolded. After about an hour of traveling, the van stopped and she and her
companions were ordered to alight. They were informed that they were detained for being
members of the CPP-NPA. X was subjected to five (5) straight days of interrogation coupled with
torture consisting of taunting, choking, boxing and suffocating the petitioner. After 3 months,
petitioner was finally released and returned to her uncle's house in Quezon City. However, she
was also given a cellular phone with a SIM card, a slip of paper containing an e-mail address with
password. X was also sternly warned not to report the incident or something untoward will
happen to her and her family. After her release, X continued to receive calls from via the cellular
phone given to her which she later threw away.

Seeking sanctuary against the threat of future harm as well as the suppression of any existing
government files or records linking her to the communist movement, petitioner filed a Petition
for the Writ of Amparo before the Supreme Court against the Secretary of National Defense and
the Chief of the AFP. Under what circumstances will the petition for a writ of amparo prosper?
 The petition for a writ of amparo necessitates proof of government involvement. X must show
that her abductors were actually affiliated, whether formally or informally, with the military or
the police organizations. Here, X could not tell the identities of her abductors or the location of
the military camp where she was allegedly taken as she was blindfolded the entire time. Petition
must be dismissed.

For the petition of writ of amparo to prosper, the only factual matter that the petitioner must
establish is the fact of an unauthorized, illegal abduction. As to whether the abductors are
government agents or one with undeniable link to the government, the same is presumed. The
burden to show otherwise lies on the respondents..

The petition for the writ of amparo necessitates not only proof that the personnel who
abducted X were military personnel, but furthermore, that they acted under the express
direction and control of the Secretary of National Defense and the Chief of the AFP by virtue of a
command responsibility, for the writ to be issued.

Under the foregoing circumstances given by the petitioner, the Court must take into account
that it is the military, and only the military which could have possibly have undertaken the
abduction of X, as it is the only organization directly opposed to the ideals of the CPP-NPA to
which X is affiliated. This presumption is sufficient for the court acting on the petition for amparo
to grant the same.

IncorrectQuestion 13

0 / 1 pts

X, a police officer alleged that he and A were former common-law partners. Sometime in July
2011, he visited A at the latter’s condominium, rested for a while and thereafter, went to his
office. X later noticed that his digital camera was missing. Thereafter, A confronted X at the
latter’s office regarding a purported sex video (subject video) she discovered from X’s camera
involving X and another woman. X denied the video and demanded A to return the camera, but
to no avail. During the confrontation, X allegedly slammed A’s head against a wall inside his
office and walked away. Subsequently, A utilized the said video as evidence in filing various
complaints against X, namely: (a) a criminal complaint for violation of Republic Act No. 9262,
otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004,”; and (b)
an administrative complaint for grave misconduct before the National Police Commission
(NAPOLCOM). X claimed that A’s acts of reproducing the subject video and threatening to
distribute the same to the upper echelons of the NAPOLCOM and uploading it to the internet
violated not only his right to life, liberty, security, and privacy but also that of the other woman,
and thus, the issuance of a writ of habeas data in his favor is warranted. Is X correct?

Yes, clearly the camera containing the video was owned by X. the content thereof was owned
by X. The act of A in first, stealing X’s camera, and thereafter, downloading the video contained
therein and using it against X are acts against X’s privacy interests that are correctible through a
writ of habeas data.

No, there is nothing in the foregoing facts that would show that X’s right to privacy in life,
liberty or security was or would be violated through the supposed reproduction and threatened
dissemination of the subject sex video. There is no showing of the connection between X’s
interest to suppress the video and any violation of his right to life, liberty or security.
 No, the data contained in X’s camera must first be shown to have caused prejudice and damage
to X before it can be acted upon in a petition for habeas data. In this case, X was unable to show
what damage he had suffered, or will suffer as a result of the unlawful act of A.

Yes, the camera as the repository of the data sought to be recovered is owned by X. X’s security
with respect to his reputation and his woman companion in the video, and to his job, which may
be affected by the video scandal are sufficient considerations for the grant of the petition.

Question 14

1 / 1 pts

What is the innovative ruling first enunciated in the case of Oposa vs. Factoran that is adopted in
the rules governing petitions for writ of Kalikasan?

the principle that a person can be made liable for damage to the environment even if he is not
the one actually performing the act, -- for as long as he is shown to have abetted it

the principle that every person, regardless of whether he has established actual damage, is
“affected” by environmental abuses, can file a petition for the writ of Kalikasan.

the principle that a citizen suit in the name of unborn children is allowed, on the principle that
all persons are stewards of nature for future generations.

the principle that damages can be imposed on everyone who abetted environmental havoc,
upon proof thereof.

Question 15

1 / 1 pts

Which judgments are not directly appealable to the Supreme Court under Rule 45?

judgments in petitions for habeas data

judgments in petitions for writ of amparo .

judgments in petitions for habeas corpus.

judgments in petitions for writ of kalikasan.

Week 6

Question 1
1 / 1 pts

An application for a search warrant may be filed before:

Any court in the Philippines.

Any court where any of the eyewitnesses reside.

Any court in whose territorial jurisdiction the crime was committed or within the judicial region
where the crime was committed or where the same is to be enforced or if a case is already filed,
before that court where the action is pending.

Any court from where the applicant will be filing the case.

Question 2

1 / 1 pts

What is a scattershot warrant?

A warrant which is vague and .

A warrant which is lacking in particularity in its description of the things to be seized, more
appropriately described as a ‘general warrant.

A warrant which covers more than one place to be searched.

A warrant which authorizes the seizure of objects referring to more than one offense.

Question 3

1 / 1 pts

What is the period of validity of a search warrant?

15 days.

30 days.

20 days.

10 days.

Question 4

1 / 1 pts

The Chief of Police of Manila received reports that in 7 days, which would be Valentines’ Day,
some Muslim rebels from Marawi will be blowing up the LRT stations. Moreover, it was reported
that bombers are staying in their relatives’ houses located near the Quiapo mosque. Invoking
police power, the police searched the different houses surrounding the mosque and in one of
the searches, discovered homemade bombs and large quantities of materials for the
construction of explosives in the houses of X, Y and Z. They immediately arrested X, Y and Z in
connection with their find. All three moved to (quash the search warrant and) suppress the
evidence recovered therefrom, on the ground that the seizure was illegal for having been made
without a search warrant. The police countered that obtaining a warrant may take more time
and may alert their target. Is the police correct?

No, the search is invalid; the search incidental to a valid arrest is limited to the place or
premises within the control of the arrested person.

Yes, the search is a valid exercise of police power since national security is involved. The officers
must ensure that the bombing plot is foiled before there will be loss of lives.

Yes, the searches of the houses of X, Y and Z are incidental to their valid arrest therefore an
exception to the need for a search warrant.

No, the search is invalid because it was made without any search warrant. The police had all the
time to obtain a warrant.

Question 5

1 / 1 pts

When bombs were recovered from their houses pursuant to a search warrant, and even before
any case was filed against them, X, Y, Z moved to quash the search warrant because, as they
asserted, the recovered bombs were not owned by them. While the bombs and the materials for
making bombs were found in their houses, there were also other boarders (mostly Muslims who
had just arrived from Mindanao) who were staying in their houses. According to X, Y and Z, the
search warrant should have been addressed to the inhabitants of these rooms. If you were the
judge, will you grant their motion to quash the warrant?

Yes, I will grant their motion if they can prove that they had no knowledge of the bombs.

No, I will not grant their motion because the question of ownership of the things seized is
immaterial in the implementation of a search warrant.

Yes, I will grant their motion if they can prove that they were not the owners of the bombs and
bomb-making materials that were recovered.

No, I will not grant their motion because the search is made in the valid exercise of police
power where public safety must prevail over individual rights to property.

IncorrectQuestion 6

0 / 1 pts

What may be the subject of a search warrant?

 Real and personal property of the offender.

Any personal property regardless of ownership.

Any real and personal property regardless of ownership.

Personal property owned by the offender.

IncorrectQuestion 7

0 / 1 pts

In an application for a search warrant for illegal firearms to be made in the house of X, what will
the judge look for, in order to have probable cause?

A Certification from the FEO that X has no license to own any firearm and the testimony of the
ballistics expert who confirmed that the bullet recovered from the homicide victim of X (in a case
which has been terminated), corresponded with make and caliber of X’s firearm.

A Certification from the Firearms and Explosives Office (FEO) of the PNP that X has no license to
own any firearm.

A Certification from the FEO that X has no license to own any firearm and the affidavits and
testimony of the police who conducted surveillance and interviewed neighbors who confirmed
that X is indeed an owner of several unlicensed firearms, as borne by the records of complaints
lodged in the barangay.

A Certification from the FEO that X has no license to own any firearm and the affidavit and
testimony of the barangay chairman who actually saw the firearms when X was in a heated
argument with some neighbors during the conciliation proceeding before the Katarungang
Pambarangay.

IncorrectQuestion 8

0 / 1 pts

Upon the complaint of Levi’s, a manufacturer of denim apparel, that several persons are selling
counterfeit Levi’s products in the Binondo area in violation of the Intellectual Property laws of
the country, the Binondo Police applied for a search warrant before the Manila RTC. A search
warrant was issued, directing the police to search the 168 Shopping Mall located at corner Sta.
Elena and Soler Streets in Tondo, Manila. The mall consists of 3 big buildings, with 5 floors each
and with a total of 1000 stalls identified by their stall numbers. These stalls were rented out to
different persons. Pursuant to the search warrant, 100 stalls were raided and their stock of Levi’s
denim pants were confiscated. During the hearing of the case, the storeowners who were sued
by Levi’s assailed the search warrant for lack of particularity in the description of the place to be
searched. Are they correct?

No, the address given was sufficient, there is only one 168 Shopping Mall in Binondo.

Yes, there should be many search warrants issued corresponding to the number stalls to be
searched -- aside from naming the mall and the address, each warrant should have indicated the
number and name of the stall to be searched.
 Yes, the singular search warrant, aside from naming the mall and the address, should have
indicated the number, make and color of the Levi’s pants that they are going to search for and
confiscate, as well as the stall numbers and the stall names where they are to be found.

No, the address given was sufficient. Aside from the naming the mall to be searched, the
address of the mall, i.e., Sta. Elena and Soler Streets, Tondo, Manila was indicated in the search
warrant.

Question 9

1 / 1 pts

The police had long suspected X, Y and Z as the persons behind the dreaded drug triad that
monopolize the distribution of illegal drugs in the Visayas-Mindanao area but other than
unverified reports, they had no proof. They then initially planned to tap the cellular phones of X,
Y and Z but quickly dismissed the idea when they realized that they had to obtain a search
warrant. They also feared that applying for a search warrant would only alert their target. One
day, they noticed that Y would usually make a call from a pay phone just outside a mall. They
luckily intercepted Y’s payphone conversation with another man, later identified as X. The
conversation detailed the shipment of illegal drugs all over the Visayas and Mindanao area, and
even implicated Z. During trial, when the tapped conversation was presented in evidence, X, Y
and Z moved to suppress the same on the ground that the tapping of their conversation was a
violation of the constitutional prohibition against unreasonable searches and seizures. Are X and
Y correct?

Yes, it is not the nature of the place where the search was conducted that determines coverage
of the constitutional proscription against unreasonable searches and seizures; rather it is the
“reasonable expectation of privacy” of the person concerned, that determines whether the
conversation falls within the domain of the protected right to privacy.

No, tapping of telephone conversation is not covered by the constitutional prohibition against
unreasonable searches and seizures

No, tapping of telephone conversations while generally violative of the constitutional right to
privacy, does not cover conversations made in public pay phones. The “public character” of the
pay phone takes the tapped conversation out of the domain of the protected right to privacy.

Yes, any conversation, whether made in public or private, is covered by the constitutional
proscription against unreasonable searches and seizures.

IncorrectQuestion 10

0 / 1 pts

Seller S engages the services of B, a Grab driver to deliver the T-shirts and pants that he sells
online to his customers. S usually separately wraps the merchandize meant for each customer.
One day, B picked up more than 10 packages to be delivered to different addresses. He noticed
that 2 packages were addressed to the same person, X. He then decided to open their wrappings
and place both packages in the same bag, for added convenience as his motorcycle can only
accommodate so much number of packages. When he opened the packages he noted that the
second package was lighter than the first and could not possibly contain a t-shirt or a pair of
pants. Curious, he opened the second package and discovered that they contained 20 sachets of
shabu. He reported the matter and turned over the shabu to the police, causing the
apprehension of both S and X. Both moved to suppress the evidence. If you were the judge,
would you grant the motion?

Yes, B was wrong in opening the package; the act of B was in violation of the constitutional
proscription against invasion of privacy.

No, while B may have invaded the privacy of S, he is a private person to which the constitutional
proscription against unreasonable searches and seizures does not apply.

Yes, B was wrong in opening the package; the act of B was in violation of the constitutional
proscription against unreasonable searches.

No, B was correct in making the search. As a Grab Driver, he with the responsibility of
transporting items, he considered “deputized” by the police to conduct searches especially when
items are suspicious. He is therefore, considered a state agent.

Question 11

1 / 1 pts

A police officer, while conducting beat patrol that night, saw a very expensive car parked in a
fenced property. Curious, he went over the fence and while admiring the vehicle, spotted an
open bag full of cash just behind the driver’s seat. The officer seized the cash. Is the seizure
valid?

Yes, the car was parked and the officer only adopted a visual, non-intrusive search; he did not
even open the door to the car before he found the cash.

Yes, the bag full of cash is obviously the fruit of a crime and was in plain view.

No, the officer was a trespasser; moreover, the incriminating nature of the object of the seizure
was not readily apparent.

No, the car was parked; hence, the same cannot be considered a “search of a moving vehicle.”

IncorrectQuestion 12

0 / 1 pts

A well-known village thief while scouting a house he intended to rob that night, saw a very
expensive car parked inside the adjacent property. Curious, he went over the fence and while
admiring the vehicle, spotted a cache of high power bombs and grenades. If he seizes the bombs
and grenades, is the seizure valid?
 The seizure invalid because it was made while trespassing a private property owned by another
person.

The seizure is valid as the thief is a private person.

The seizure per se is valid but his being a village thief makes it invalid.

It depends on the nature of the object to be seized.

Question 13

1 / 1 pts

Which of the following is a valid search at a checkpoint?

The police officer asking the motorist to disembark from the car and thereafter frisking him and
searching the vehicle.

The police officer asking the motorist to empty his pockets, show his license and registration
papers.

The police officer signaling for the vehicle to stop and aiming a flashlight at the inside of the
vehicle.

The police officer asking the motorist to roll down the windows & open the glove
compartment.

Question 14

1 / 1 pts

Which of the following requires “probable cause?”

Checkpoint/airport searches.

Terry searches.

Consented search.

Search of a moving vehicle.

Question 15

1 / 1 pts

B, an officer manning the checkpoint, received a tip from a regular informant that a vehicle
carrying shabu will be passing through the checkpoint that night. There was however, no
indication as to the time when the vehicle will pass through, as well as a description of the driver
or the vehicle itself. As a result, B conducted extensive searches on every vehicle passing through
the checkpoint within the next four hours. Finally, late that night, A’s Montero sport passed by. B
insisted on searching his vehicle but A resisted. B conducted a search and found the sacks of
shabu under the car seats. Was the search valid?
 No, while checkpoint searches are generally non-intrusive, intensified search that may be
conducted if there is probable cause. There is no probable cause in this case because the identity
of the driver was not part of the tip received.

No, the unverified tip does not constitute probable cause to justify an extensive search.

Yes, that the item is shabu, an illegal drug, was already ascertained and the tip consisted of
valid justification for the search.

Yes, B having received the tip, had probable cause to conduct the search.

Question 16

1 / 1 pts

The police received information that a container van from China which was just released from
customs contained shabu instead of the ukay-ukay that was stated in the bill of lading.
Unfortunately, by the time they received the information, the truck carrying the container van
had left the pier three hours earlier. They were able to trace the cargo to the big garage in the
house of A, the consignee. The police now wanted to search the container van but A refused. Is
the police correct?

No, it cannot anymore be considered a search of a moving vehicle because the truck was
already parked. The police must obtain a warrant.

Yes, it is a continuous chase, from the port to its destination; exemptions from search warrants
attend customs searches in whatever stage such searches may be.

No, while customs searches are an exemption to searches requiring search warrants, this does
not include searches made in dwellings or houses. The police must obtain search warrant.

Yes, it is a customs search and if a contraband is suspected to enter into the country through its
ports, warrantless search is allowed.

Question 17

1 / 1 pts

Does an arrest following a buy-bust operation justifies a warrantless search/frisking on the

person of the accused?
 Yes, because the arrest gives rise to probable cause that the person arrested has in his
possession an illegal item.

Yes, it is considered an in flagrante delicto arrest and the subsequent search may be considered
a search incidental to a valid arrest.

No, an arrest after a buy bust operation does not authorize a search in the absence of probable
cause.

No, a search after a buy bust operation can be likened to a Terry search -- it is limited to the
patting of the arrestee’s outer clothing.

IncorrectQuestion 18

0 / 1 pts

During a buy-bust operation, the poseur-buyer P knocked at the door of their target, Mr. X. He
asked X asking if he could buy shabu to which X answered him by telling him to wait at the
basketball court across the highway. After 10 minutes of waiting at the basketball court, X came
and handed to X, 2 sachets of shabu. After handing to X the marked money, P announced that he
was a police officer and promptly arrested X. In the course of the arrest, he searched X and
found more sachets in the latter’s pocket. His suspicion of X as a drug dealer now confirmed, P
went to X’s house and searched the entire place and found kilos of shabu in X’s kitchen. Is the
search of X’s house valid?

Yes, it was a search incidental to a valid arrest. The arrest was valid because it was made after X
was caught in flagrante.

No, the search was invalid. Y still needed a search warrant to search the house because
searches incidental to a valid arrest only extends to a search on the person arrested. A warrant is
still necessary.

No, the search cannot be considered made with probable cause because other than the fact
that X just came from his house, there is no ground to presume that more sachets of shabu can
be found inside.

Yes, it was a valid search because at that point, P had probable cause to believe that X was a
drug dealer, and is committing a crime.

Question 19

1 / 1 pts

M who was apprehended in the course of an entrapment operation questioned the legality of
his arrest, asserting that the police should have first obtained a warrant before arresting him. His
motion was denied. After the case was tried, the court acquitted M for lack of evidence. M now
sued the arresting officers for damages because they committed abuse in the performance of
their duties. Is M correct?
 No, the legality of the arrest does not ensure a conviction. It would be asking too much from
law enforcers to first make a determination of whether or not a crime has actually been
committed and whether or not the accused is actually guilty thereof at the moment of arrest.

Yes, it is grave injustice for a person to spend years in jail, only to be acquitted in the end.
Arresting officers must be conscientious in the performance of their duties.

Yes, the inviolability of persons being a constitutional right, the same must be respected,
particularly by agents of the State.

No, the police officers need not show good faith in effecting the arrest.

IncorrectQuestion 20

0 / 1 pts

What is the effect of a failure to timely question the illegality of an arrest?

The failure to timely question the illegality of arrest is a waiver to make any objection to the
proceedings on said ground; however, the illegality of the arrest, if indeed extant, is not
sufficient to set aside a valid judgment, based on evidence presented, including evidence seized
in the course of said invalid arrest.

The failure to timely question the illegality of an arrest is a waiver to make any objection to the
proceedings on said ground as well as a waiver of the admissibility of the evidence obtained in
the course of said arrest.

It would render the entire proceedings void since it would mean that the court conducting the
proceedings had acquired no jurisdiction over the person of the accused.

There would be a need to revert the proceedings back to the arraignment stage in order to cure
the defect. During re-arraignment, the accused may now raise the issue of the illegality of his
arrest before entering his plea.

Week 7

Question 1

1 / 1 pts

Why must there be an immediacy between the “arrest” made under paragraph (b) of Section 5
of Rule 113 and the time of the commission of the crime?

Correct!
 A wide gap between the time of commission of the crime and the time of arrest results to
contamination of evidence. It would make the arrest more of a fruit of police investigation rather
than of the police’s personal knowledge

It is to ensure that the police had actually witnessed the crime and have probable cause based
on personal knowledge.

It is to enable the police to quickly effect the arrest. If there is immediacy, it means that the
criminal had not yet ran too far away from the crime scene and therefore would be easier for the
police to arrest.

It is to ensure that the correct person is the one arrested. Allowing the police to investigate
further before making the arrest would be a waste of police time which could be spent better for
other law enforcement matters.

Question 2

0 / 1 pts

In the event the court, upon motion of the accused, declares an arrest by virtue of a warrant, to
be invalid, what DOES NOT happen?

Correct Answer

The accused is acquitted of the crime and is released from confinement.

The warrant is quashed.

You Answered

The accused is released for further investigation.

The items seized during the arrest are held inadmissible in court and are returned to the
accused.

Question 3

1 / 1 pts

A collision between the Jaguar driven by Z and a Porsche driven by Y, resulted to a heated
altercation that ended with Z shooting Y and thereafter fleeing the scene of the incident. The
only witness to the incident was a security guard of a nearby bakeshop who took down the plate
number of the Jaguar. He gave the number to the policemen who thereafter arrived at the
scene. Confirmation with the LTO revealed that the Jaguar was registered in the name of the
wife of Z. A manhunt for Z ensued. 6 days later, Z in the company of his lawyers went to the
police station to clear his name, in the course of which he was detained. The next day the police
filed a complaint against him. However, Z insisted on a preliminary investigation but the
prosecutor said he must first sign a waiver of Article 125 of the RPC. He refused. In the
meantime, Y died. The fiscal now filed a case for homicide against Z. Z questioned his arrest. Was
Z validly arrested?
Correct!

No. Z cannot be considered as having been arrested. He only went to the police station to
clear his name, not to surrender. His detention could not also be considered valid as it was
without a warrant, and it did not fall under any instance of valid warrantless arrests.

No. Z was not validly arrested because the police never first secured a warrant of arrest against
him.

Yes, Z can be considered arrested as he voluntarily surrendered himself to the custody of the
police. An “arrest” includes the voluntary submission to the arresting officer(s).

Yes, Z can be considered to be arrested, as he was in fact detained at the police station prison
cell. His act of voluntarily going there and allowing himself to be subjected to an investigation
can be considered a waiver of any protest against any illegality of his confinement thereat.

Question 4

1 / 1 pts

After the Office of the Ombudsman filed a case against X, a former high-ranking government
official, the Sandiganbayan found probable cause to issue a warrant for his arrest. However, the
NBI agents tasked to implement the warrant received a tip informing them that X was on his way
to the airport. Apparently, he was scheduled to board a flight to Singapore. The agents accosted
X at the pre-departure area of the NAIA airport and boarded him into an NBI van. Along the way
from the airport to the NBI headquarters, X complained of a crushing pain in his chest,
prompting the agents to rush him to the Makati Medical Center where he was confined. An NBI
agent kept watch over him during his confinement. 3 days later, X, through his wife, posted bail
and was released. The Court thereafter set the case for arraignment but X stated that the Court
has no jurisdiction over him. Allegedly, he never submitted to its jurisdiction. Is X correct?

Correct!

No. X was arrested at the airport. The arrest subsisted even with his confinement at the Makati
Medical Center. That he posted bail meant there was deprivation of liberty.

Yes. While X may have been initially arrested at the airport, the fact that he was not
surrendered immediately to the judge who issued the warrant of arrest and was instead
confined at the Makati Medical Center interrupted/aborted his arrest.

Yes, X was never arrested as he was never handcuffed, or detained at the NBI jail or any
detention facility.

No. X was arrested but the arrest was not valid as there was no probable cause. The only basis
for the arrest was a tip from an unknown informant that X was already at the NAIA waiting for
his flight to Singapore.
Question 5

1 / 1 pts

Upon receipt of the information for Murder filed by the public prosecutor against X, the Judge
issued a warrant for X’s arrest. X later assailed the warrant of arrest stating that the judge’s
finding of probable cause had no basis because the judge only relied on the Information and the
resolution of the provincial prosecutor. Is X correct?

Correct!

X is correct, the judge must make a more thorough finding of probable cause by relying on
documents other than the Information -- i.e., the prosecutor’s resolution, affidavits, counter-
affidavits, sworn statements of witnesses or transcripts of stenographic notes (if any) upon
which to make his independent judgment.

X is correct. The judge in determining probable cause before issuing a warrant of arrest must
always conduct a hearing and personally examine the witnesses and require that the entire
records during the preliminary investigation be forwarded to him.

X is wrong. The judge can rely only on the findings of probable cause made by the public
prosecutor since the latter had the opportunity to make an investigation while he (the judge) can
only rely on documents.

X is wrong. The judge’s finding of probable cause is of the same concept and employs the same
standard and purpose as a public prosecutor’s finding of probable cause. To require the judge to
make a full-blown examination would only be duplicating the process.

Question 6

1 / 1 pts

P was on his way home when he was ambushed and robbed. When the police investigated the
crime scene, the next day, they found an identification card of X lying on the bushes near the
crime scene. The police looked for X and finally found him a week later while he was playing
cards with his neighbors. They invited him to the police station. He went with them. There, they
kept him the whole evening for investigation without the assistance of a lawyer. In the course of
the investigation AC admitted to the crime, showed them his share of the loot and identified the
other conspirators who were also arrested. Later, X disowned his admission stating that he was
illegally arrested. Is X correct? The police claimed he was merely invited for questioning.
Correct!

X was arrested but his arrest was illegal because the circumstances were not among those
where warrantless arrests are justified.

X was not arrested. He voluntarily went with the police to answer questions, under routine
police procedure.

X was arrested and his arrest was legal. The discovery of his identification card in the crime
scene gave the police probable cause to arrest him.

X was not arrested but when he voluntarily went to the police station and admitted to the
crime, and even showed to the police his share of the loot, he can be considered to have
surrendered to the police. The surrender of the loot can be considered a “consented search.”

Question 7

1 / 1 pts

When does custodial investigation start?

Correct!

From the time the accused is asked questions focusing on him as a suspect and, upon
answering, he is asked to re-enact the crime.

From the time of arrest when the suspect is brought to the police station

From the time the accused is asked to stand in line to be identified by an eyewitness as the
person whom he saw commit the offense.

From the time the accused is asked questions by the police.

Question 8

1 / 1 pts

D, a houseboy was accused of the crime of robbing and thereafter killing his female employer.
There was no eyewitness to the crime. During custodial investigation, D executed an extrajudicial
confession without the assistance of counsel wherein he confessed to committing the crime. S, a
sister of the victim was likewise present during the investigation. Testifying for the prosecution
were T, the officer who took down D’s confession and S, who testified as to what D said during
the investigation. When his turn to testify came, D disowned his confession, stating it was
executed out of duress and in violation of his right to counsel. As a judge, how would you decide
the case?

Correct!

D’s confession of guilt to a private person such as S is admissible in evidence against him and
may be taken as proof of guilt. The testimony of S is admissible as it is on the act declaration or
admission of a party as to a relevant fact.

I will deny admission to the extrajudicial confession as the same was executed in violation of D’s
constitutional right. Without the confession, I will have to dismiss the case.
 I will admit the extrajudicial confession. Technicalities must be brushed aside to achieve the
higher interest of justice especially if the confession contains details that are known only to the
person who committed the crime.

I will continue with the case but in the end, I will also dismiss it for lack of evidence.

Question 9

1 / 1 pts

What happens if the extrajudicial confession is held to be invalidly made because the failure on
the part of the police to observe the rights of the person under custodial investigation, as
provided in R.A. 7438?

Correct!

The confession is not admitted in evidence.

The accused is acquitted and the case is dismissed.

The police are automatically sanctioned for violations of the provisions of R.A. 7438.

The defect in the confession is deemed “cured” if the accused again signs the statement before
the public prosecutor and later, before the judge.

Question 10

1 / 1 pts

A and B were investigated for the rape with homicide committed against a 10-year old girl.
Surrounded by the angry village people, both broke down and confessed to committing the rape
with homicide. They said they were willing to put their confession in writing. Unfortunately,
there was no lawyer in the far-flung village and the nearest lawyer lived 2 villages away. To save
time, the police took down A and B’s confessions, as A and B recounted it. To ensure that the
confession is valid, the same was taken in the presence of the two accused’s immediate family
members, the parish priest and the town mayor. The next day, Atty. X arrived and in his
presence, A and B voluntarily affixed their signatures on their written confession. Are the
confessions valid?

Correct!

No, the extrajudicial confession was invalid because it was not made with the assistance of
counsel; there was also no valid waiver to the right to counsel. Atty. X arrived only after the
confession was already taken.

Yes, the extrajudicial confession was made voluntarily and freely by A and B

Yes, the extrajudicial confession was signed in the presence of Atty. X who was assured that it
was voluntarily made

Yes, the extrajudicial confession was valid as it was made in the presence of both accused’s
relatives, the parish priest and the town mayor who ensured that the same was validly made.
Week 8

Question 1

1 / 1 pts

After she had posted bail, and was arraigned, A did not anymore appear during the succeeding
trial dates despite repeated notices to her at her indicated address. What is the recourse of the
court?

Cancel her bail, issue a warrant for her arrest and suspend the proceedings pending her arrest.

Cancel her bail, issue a warrant for her arrest and continue with trial in absentia.

Cancel her bail and issue a warrant for A’s arrest and archive the case pending arrest.

Cancel her bail, dismiss the case for failure to acquire jurisdiction over her person.

Question 2

1 / 1 pts

X was charged and tried with murder before the RTC. After trial, he was found, and convicted for
the crime of reckless imprudence resulting in homicide. He appealed his conviction. In the
meantime, X asserted that he can now post bail because he was convicted with a bailable
offense. Can X post bail? If so, where?

X cannot post bail because it is not allowed after conviction in all cases falling before the RTC.

X can post bail because the crime for which he has been convicted is a bailable offense but he
must post it before the Court of Appeals.

X cannot post bail because his conviction meant that the evidence of his guilt is strong.

X can post bail because the crime for which he has been convicted is a bailable offense. He
must post it before the RTC as long as the records are not yet forwarded to the Court of Appeals.

Question 3

1 / 1 pts

Which of the following is a correct statement?

 Whether one can post bail depends on the recommendation of the public prosecutor.

Whether one can post bail depends on the reason for the detention.

One must be in custody of the law before one can post bail.

One must be in custody of the law and charged with an offense before one can post bail.

Question 4

1 / 1 pts

A was arrested for the crime of illegal possession of firearm. However, before he could be
inquested, he moved that preliminary investigation be conducted instead. His request was
granted after he signed a document waiving his rights under Article 125 of the Revised Penal
Code. Thereafter he applied for bail. After preliminary investigation, the investigating prosecutor
found probable cause to indict him for the crime of illegal possession of firearm. Before
arraignment, he moved to quash the Information on the ground that his arrest was illegal
because it was without any warrant of arrest. The public prosecutor opposed the motion on the
ground that by applying for bail, A had effectively waived any objection to the legality of his
arrest. Who is correct?

The public prosecutor is correct. A should have questioned the legality of his arrest at the first
instance, during preliminary investigation and not when a case had already been filed against
him.

A is correct, the legality of an arrest can be raised at any time.

The public prosecutor is correct. A should have questioned the legality of his arrest before
posting bail.

A is correct. An application for bail is not a waiver of the right to question the legality of one’s
arrest.

Question 5

1 / 1 pts

In what instance is bail always a matter of right?

Before and after conviction before the MeTC.

Before conviction by the RTC.

After conviction before the RTC and while awaiting the resolution of an appeal from a judgment
of conviction before the CA.

With the abolition of the death penalty, bail is now a matter of right at all times.
Question 6

1 / 1 pts

Is this statement true or false? - Generally, in determining whether a charge is a capital offense,
as to be eligible for bail, one may include in the computation of the possible penalty, the
possible mitigating circumstances which may be applicable.

False, this would be impracticable because capital offenses, under the statute books are already
inexistent with the abolition of the death penalty.

True, all leeway necessary to afford one the right to bail must be made available. This proceeds
from the presumption of innocence which is accorded by law to all persons accused of whatever
charge.

True, every circumstance must be considered in determining whether, after trial, the penalty
imposed on the accused would be reclusion perpetua or life imprisonment; otherwise, one who
commits the crime with a justifying defense would be unjustly deprived of his liberty while
undergoing trial.

False, the only consideration in determining whether an offense is capital is the penalty
provided by law, regardless of attendant circumstances.

IncorrectQuestion 7

0 / 1 pts

In a hearing for an application for bail in cases involving capital offenses, what happens?

There is no such hearing in cases involving capital offenses because in these instances, bail not
a matter of right; meaning, the judge will exercise discretion on the basis of documents
presented.

The accused will present evidence of his innocence.

The prosecution will present evidence to establish that the evidence of guilt against the
accused is strong through witnesses who will be cross-examined by the defense.

The prosecution will present evidence and thereafter, the accused will present defense
evidence or guarantee in open court that he will not abscond in the event of a grant of bail.

IncorrectQuestion 8

0 / 1 pts
X was charged for murder before the RTC. During the bail hearing, the prosecution presented 3
witnesses who only testified on circumstantial matters as none of them actually saw X commit
the crime. The judge, deciding that the evidence for the prosecution was not strong, decided to
grant bail. Thereafter, during the presentation of his evidence-in-chief during trial, the public
prosecutor presented A, the lone eyewitness, who refused to testify during the bail hearing due
to the threats she received from X’s family. Fortunately, A was persuaded to testify during trial. In
her testimony, A recounted in a very believable testimony, what she had witnessed on the night
of the murder. Believing that he had shown a strong evidence of the guilt of X, the public
prosecutor now wanted the court to cancel X’s bail. Is this still possible?

No, X cannot anymore move for the cancellation of the bail. The court’s ruling granting bail to X
is already final and executory.

Yes, but only in an appeal of the first order of the court granting bail via certiorari.

No, X cannot anymore move for the cancellation of the bail. He should have introduced A
during the bail hearing. He can only wait for the court to render a decision.

Yes, X can file a motion for cancellation of X’s bail on the ground that he had shown to the court
that the evidence of X’s guilt is strong.

IncorrectQuestion 9

0 / 1 pts

X a resident of Manila, committed the crime of simple illegal recruitment in Caloocan City and
was charged there. He went into hiding. The Caloocan court issued a warrant for his arrest. He
was caught while walking in the streets of Cebu City. While in transit to Manila, X eluded his
captors and escaped. A few hours later, he was finally caught by the Bulacan police after an alert
was raised. Where can he most expediently post bail?

X can post bail in either Caloocan or Bulacan.

X can only post bail in Bulacan because it was the place where he was arrested.

X can post bail only before the Caloocan court because that was the Court before which he was
charged and which had territorial jurisdiction over the case against him.

X can post bail only in Caloocan because it was a Caloocan court which issued a warrant for his
arrest.

Question 10

1 / 1 pts

After conducting a preliminary investigation, prosecutor A issued his resolution finding probable
cause and recommending the filing of an Information against X for the crime of frustrated
murder. What happens next?
 The resolution of prosecutor A is submitted to his superiors (reviewing prosecutor /the
City/Provincial Prosecutor) who will approve the same before an Information is actually filed in
court .

Arraignment of X before the trial court immediately follows.

The resolution of the public prosecutor will first be reviewed by the judge to determine if a
warrant of arrest will be issued.

The resolution of prosecutor A immediately results to the filing of an Information that charges X
of the crime of frustrated murder.

Question 11

1 / 1 pts

Any correction/change made to one of the following is considered a substantial amendment to

the Information as to warrant another PI. Which is it?

The date of the commission of the crime.

The attendance of qualifying circumstances .

The designation of the offense as provided under the Revised Penal Code.

The full name, aliases and address of the accused.

Question 12

1 / 1 pts

What is the difference between a Complaint and Information?

There is no difference, the first is executed by the private offended party in crimes where there
are private offended parties; the second is executed when there is no private offended party, as
in the case of public crimes.

The first is subscribed by the private offended party or the public officer charged with the
enforcement of the law violated while the second is subscribed by the public prosecutor.

The first is filed where the charge is cognizable by the MeTC, MTCC or MTC while the second is
filed where the charge is cognizable by the RTC.

The first is always filed after the Information has been filed, when required by the public
prosecutor during preliminary investigation.

Question 13
1 / 1 pts

When may a civil action proceed independently of the criminal action?

When a reservation is made at any time during trial and before judgment is rendered.

When the civil action has been filed earlier by the private complainant before the filing of a
criminal case.

When the statute defining the crime expressly provides for separate quantum of proof
necessary to prove the criminal and the civil aspects of the crime

When the civil case can be determined independently of the criminal case and a reservation is
made at any time before the prosecution presents evidence.

Question 14

1 / 1 pts

An intelligence report which was later verified revealed that several members of the AFP, led by
X, are planning to take over a hotel, barricade themselves therein and declare a rebellion against
the government on issues of corruption of the present leaders. The intelligence report showed
that the plans were already underway, as evidenced by the unauthorized movement of armed
military personnel who are planning to join the mutiny. Moreover, it was discovered that the
renegade group has already amassed arms, bombs and explosives in their secret headquarters.
M, a State prosecutor of the DOJ was directed to file a case of Conspiracy to Commit Rebellion
against X and those identified to have joined his plan. In preparing the Information, what must M
remember?

In preparing the Information, M must allege the existence of “conspiracy” among those who
will be charged. He must also detail the acts committed by them which constitute the elements
of the crime of conspiracy to commit rebellion as defined under the RPC.

Conspiracy is already a “given” in an Information involving a crime that is necessarily committed

by more than one person. Rebellion being a crime that can only be committed by more than one
person, conspiracy in its commission is already implied.

In preparing the Information, M need only to allege the existence of “conspiracy” among those
who are to be charged without need to detail the acts that they have committed showing how
they conspired to overthrow the government.

There is no need to allege conspiracy as it is only an evidentiary matter. The Information need
only to detail the overt acts committed by each of the accused. Conspiracy can be established
during trial.

Question 15

1 / 1 pts

X was arrested for robbery in a warrantless arrest. According to D and the arresting officer, X had
snatched from D her handbag and the police had caught him while he was running away. During
inquest however, M, the public prosecutor noted the possibility that X was merely a bystander
who may have been mistakenly identified because he was wearing the same color of T-shirt as
the robber. This was bolstered by the fact that D’s handbag was not found in X’s possession upon
his arrest. But M could not be really sure. He needed to have more witnesses before he can
decide. What must M, the public prosecutor do?

M must proceed with the inquest because he is bound by the time constraints in Article 125 of
the RPC. He can file the charge and leave it to the trial court to determine whether or not X is
guilty.

M must recommend a longer preliminary investigation (instead of only inquest), and the
release of X in the meantime. He shall note his disposition on the referral document and prepare
a brief memorandum indicating the reason for his action, subject to the approval of the
City/Provincial Prosecutor .

M must force X to sign a waiver of Article 125 so that he can conduct PI, instead of inquest.

M can proceed with inquest and ask for more witnesses to be presented. After all, the
absence/lack of witnesses is one of the grounds for the extension of time allotted for inquest.

Week 9

Question 1

1 / 1 pts

What is NOT a part of pre-trial?

Offer of documentary Exhibits

Signing of a pre-trial agreement.

Marking of evidence and stipulation of facts.

Court-annexed mediation.

Question 2

1 / 1 pts

What is the main difference between judicial and extrajudicial admission?

None, both are made in open court and are subject to stringent rules on admissibility.
 While both are admissions made by the accused, an extrajudicial admission is more credible
because it is made only upon a strict compliance of the rules governing custodial investigation.

Judicial admission is made in court while extrajudicial admission is made outside of court and
requires proof and offer before being considered by the court

While both admissions are admissible against the person making them, judicial admission is
made orally, while an extrajudicial admission is merely hearsay.

Question 3

1 / 1 pts

What do we mean by continuous trial?

Trial is continued day to day until terminated.

Trial is continued immediately after the termination of pre-trial.

Trial is continuous from morning till afternoon.

Trial is continued from week to week until terminated.

IncorrectQuestion 4

0 / 1 pts

What is NOT a valid ground for continuance?

Unavailability of an essential witness.

A pending Petition for Certiorari before the Court of Appeals.

Unavailability of the accused due to physical health examination.

Pending motion to consolidate a case with a related case involving the same accused and the
same complainants and arising from the same incident, pending before another court.

Question 5

1 / 1 pts

When may the Order of Trial be modified?

When the accused enters a plea not guilty.

When the accused questions the jurisdiction of the court over the subject of the offense.

When there is a prior Order of the Court setting the case for trial.
 When the accused enters the defense of a justifying circumstance (e.g. self-defense).

Question 6

1 / 1 pts

Is there any difference between an accused and a vital witness during trial on how they give
testimony?

There is no difference; both cannot refuse to testify by invoking their right against self-
incrimination when asked particular questions.

There is a difference; the first may refuse to testify, the second cannot.

There is no difference; both may be compelled to testify in court.

There is no difference; both may refuse to testify in court.

IncorrectQuestion 7

0 / 1 pts

Charged with murder, X’s defense is alibi. During pre-trial, his counsel manifested that he will be
presenting as defense witnesses X’s barkada H, I and J, who were with him drinking in a nightclub
100 kilometers away from the scene on the night the crime was allegedly committed. However,
as defense counsel, P was worried that the 3 will not testify because the victim, K, was their
cousin. What will P do?

P cannot do anything. H, I and J cannot be compelled to testify especially if there is a conflict of

interest, the victim being a close relative.

File a motion asking the court to issue a subpoena ad testificandum against H, I and J to ensure
their appearance in court on the day they are scheduled to testify.

File a motion asking the court to commit H, I and J immediately to prison until they would have
testified.

File a motion in court asking that H, I and J be required to post a bail bond to ensure they will
testify and if they should refuse, that the court commit them to jail until they comply.

Question 8

1 / 1 pts

During trial, A was represented by his counsel X. However, after he was convicted, A discovered
that X was not a lawyer and that he was merely a law graduate who did not pass the bar. What
will A do?
 A will file a motion for a new trial on the ground of absence of due process.

A will file a petition for certiorari on the ground that the trial court erred in grave abuse of
discretion in convicting him despite the fact that he was not represented by a bona fide lawyer.

A will have no remedy; he was the one who engage the services of counsel and he should have
verified X’s qualifications.

A will appeal the case on the ground that the trial court erred in convicting him because X failed
to present evidence that should have been presented so he will be acquitted.

Question 9

1 / 1 pts

What will the court do with respect to the testimony of a vital prosecution witness who died
prior to being cross-examined due to the repeated absences of the defense counsel?

Strike off the witness’ direct examination, on the ground that said witness has not been cross-
examined, cross-examination being a right of the defense.

Admit the direct examination but limit the same on points that are not prejudicial to the
accused.

Strike off or admit the direct examination, depending on the nature of the testimony; if it is
very crucial to the case, then admit the same.

Admit his direct-examination insofar as it can be shown that failure to cross-examine had not
resulted to a material loss especially if the opposing party was given the opportunity to make
said cross-examination.

Question 10

1 / 1 pts

As a general rule, a court order denying a Motion to Quash can be reviewed in

an Appeal from judgment rendered after trial.

in a Petition for Prohibition.

in a Partial appeal.

a Petition for Mandamus.

Question 11

1 / 1 pts

By failing to file a motion to quash, an accused is considered to have waived all the objections
which are grounds for a motion to quash, except –

Prescription and double jeopardy.

The Information does not charge an offense or charges more than one offense.

Prescription of the offense and lack of authority of the filing officer.

The Information does not conform to the prescribed form.

IncorrectQuestion 12

0 / 1 pts

In the determination of a motion to quash, the trial court is required to look only within the four
corners of the Information

False, a motion to quash may raise issues which may require the court to inquire into facts not
alleged in the information particularly if said facts are admitted by the prosecution.

False, a judge may subject to trial all evidentiary matters in support of the motion to quash, as
it would enable the accused to amplify on the ground raised in said motion.

True, the judge only limits himself or herself to the allegations in the complaint because the
grounds in a motion to quash pertain basically to form and are easily discernable from a reading
of the Information.

True, the judge cannot look beyond what are apparent on the face of the
complaint/information; otherwise, any determination made would entail presentation of
evidence which is tantamount to a trial on the merits.

Question 13

1 / 1 pts

The fiscal filed a case for estafa against X. X was arraigned and pleaded not guilty to the charge.
After the prosecution rested its case, the defense filed a demurrer to evidence, asserting that
the prosecution’s evidence was insufficient to prove the crime charged. In deciding the
demurrer, the trial court granted the same, and dismissed the case on the ground that the
evidence for the prosecution only proved violation of B.P. 22. The following week, the public
prosecutor filed a case for violation of B.P. 22 against X. Is the fiscal correct on doing so, and can
the case proceed?
 Yes, the fiscal can file the case for B.P. 22 as long as there is no pronouncement from the court
that the dismissal of the case was “with prejudice” to the filing of a new case.

No, the fiscal is wrong. X was already acquitted of the crime. To prosecute him anew is violative
of his right against double jeopardy.

No, the fiscal is wrong. Jeopardy has already set in especially if the cases involve the same act
and the same parties.

Yes, the fiscal is correct. Double jeopardy sets in only if there is an identity of offenses. In this
case, while the fiscal cannot anymore file a case for estafa against X on ground of double
jeopardy, there is no double jeopardy with respect to the crime of B.P. 22 which is a totally
different crime, with different elements.

Question 14

1 / 1 pts

What is the difference between amnesty and pardon?

Pardon completely extinguishes the crime and its effects while amnesty does not.

Pardon is tantamount to forgiving and forgetting the crime. Amnesty is forgiving but not
forgetting the crime since some penalties such as a fines still continues to attach.

Pardon is a private act of the executive; it is forward-looking. It must be pleaded and proved
before it can be considered. Amnesty is a legislative act that completely extinguishes the penalty
and its effects.

There is no difference; both are considered acts of the executive, except that amnesty must
always be given prior to conviction.

Question 15

1 / 1 pts

An Information for falsification of public documents was filed before RTC Manila against X.
Before arraignment, X filed a motion to quash contending that the allegations in the Information
did not constitute an offense and that the information contained averments which, if true, would
constitute a legal excuse or justification. The trial court granted the motion to quash. The public
prosecutor’s motion for reconsideration was likewise denied. Five years later, another
information was again filed charging X with substantially the same offense but this time, the
allegations now contained all the elements of the crime charged. X moved to quash on ground of
double jeopardy, as the quashal of the first Information was allegedly on the merits. What will
the trial court do?
 Grant the motion to quash. The failure of the prosecution to appeal the order denying the first
motion to quash had made it final. Res judicata had already set in.

Deny the motion to quash. Jeopardy never set in because there was no trial on the merits and
the termination of the first case was at the instance of X.

Grant the motion to quash. Considering that X was charged with the same crime, double
jeopardy had already set in.

Deny the motion to quash. The remedy of X is to file his objection on ground of double
jeopardy after the termination of trial case (2nd case) during appeal.

IncorrectQuestion 16

0 / 1 pts

X was charged in 2 Informations for illegal possession of firearms and illegal possession of
marijuana. After repeated postponements, arraignment was finally conducted a year after the
Information was filed. Trial was also repeatedly postponed. After arraignment, no trial was
conducted for over a year due to the repeated absences of the prosecution’s witnesses. Finally,
with the case not moving forward, the defense moved for the dismissal of the case, citing the
non-appearance of the prosecution’s witnesses. The judge issued an Order granting provisional
dismissal “for failure of the prosecution witnesses to appear on several scheduled hearings and
also for the hearing today.” Two months later, a motion to revive the case was filed by one
witness for the prosecution, alleging that they were unable to attend the hearings because they
cannot absent themselves from work. They prayed that the cases be revived. If you were the
judge what would you do?

I will deny the motion to revive. The order of dismissal having become final, the private
complainants can just re-file the same cases.

I will grant the motion to revive. An order of provisional dismissal allows the prosecution to
revive the cases within the allowed time period. In this case, only 2 months had passed since the
provisional dismissal was made; hence, the time period had not yet lapsed.

I will deny the motion to revive because the revival of the cases would put X in double jeopardy.
The cited ground for the dismissal was the violation of the right of the accused to speedy trial.
Dismissal on this ground is equivalent to a dismissal on the merits.

I will grant the motion to revive the case. Double jeopardy had not yet set in because the
termination of the cases was at the instance, and therefore, with the consent, of the defense.

IncorrectQuestion 17

0 / 1 pts

A search of the premises of an ice plant led to the discovery of the illegal installation of electrical
wirings without the authority of the city government. X admitted causing said installation to
lower or decrease the readings in his electric meter. An Information for violation of the city
ordinance was filed against X. X pleaded not guilty to the charge. Later, X moved to dismiss the
information on the ground that being a light felony, the crime of violation of the city ordinance
had already prescribed 2 months from the discovery thereof. Apparently, the Information was
filed 9 months after discovery. On this ground, the case for violation of the city ordinance was
dismissed by the court. 14 days later, the fiscal filed another information against X, this time for
theft of electric power under Article 308 of the RPC. X pleaded double jeopardy. Is X correct?

X is wrong. There is no double jeopardy because the charges relate to two different crimes.
There is no identity of offenses because they are punished by two different laws.

X is correct. Where the offense charged is penalized by different sections of the same statute
or by different statutes, the inquiry relates to whether there is identity of the offenses charged.
Here, the city ordinance and Art. 308 of the RPC essentially penalize the same act. Double
Jeopardy had already set in.

X is right. There is double jeopardy. However, the case may still be re-filed because the
termination of the first case was with the consent of X – he was the one who filed the motion to
dismiss on ground of prescription.

X is wrong. There is no double jeopardy because while the charges relate to two same acts,
prescription only applies to the first offense (violation of the ordinance); it does not apply to the
charge under Article 308 of the RPC.

Question 18

1 / 1 pts

Y charged X with the crime of attempted homicide after an incident erupted between them at a
KTV bar when both of them, drunk, came into blows. Upon arraignment, Y, despite notice, failed
to appear because of a hangover. X pleaded guilty to, and was convicted of, the lesser offense of
slight physical injuries. Later, Y again charged X with the crime of attempted homicide, also based
on the same incident. X pleaded double jeopardy. Y countered that X’s previous conviction for
slight physical injuries was improvident because it was made without his consent. Who is
correct?

Y is correct, the judgment of conviction for the lesser offense is void because his consent, which
is indispensable in plea bargaining, was not obtained. Moreover, no trial on the merits was
conducted.

X is correct, double jeopardy has already set in only because the first case was already
terminated.

Y is correct, X can again be convicted for the crime of attempted homicide because it is a charge
different from the charge with which he previously pleaded guilty.

X is correct, the two charges arose from the same incident and the same act. Y, being absent
during arraignment despite notice was considered to have waived the opportunity to object to
X’s plea of guilty to a lesser offense.
Question 19

1 / 1 pts

After W was discharged as a state witness, he failed to appear during the hearing despite notice.
Efforts to locate him were futile and it was found that the address he supplied was erroneous.
What will the court do?

Render a judgment of conviction against W on the basis of his affidavit admitting culpability and
participation in the crime, which he executed before the public prosecutor.

Cancel the discharge, reinstate W as an accused, issue a warrant for his arrest and continue
with trial.

Maintain the discharge because the same amounts to an acquittal and therefore, cannot
anymore be modified.

Order the arrest W and compel him to take the witness stand.

Question 20

1 / 1 pts

What is demurrer to evidence?

It is when the defense informs the court of the insufficiency of its own evidence.

It is when the defense waives the further presentation of evidence

It is when the defense prays for the dismissal of the case on the basis of the strength of its own
evidence vis-à-vis that of the prosecution.

It is when the defense prays for the dismissal of the case on the ground of the insufficiency of
the prosecution’s evidence .

Question 21

1 / 1 pts

What happens if the demurrer to evidence is filed without prior leave of court?

If the demurrer is denied, the defense will in effect be waiving the right to cross-examine the
prosecution’s witnesses.

If the demurrer is granted, the accused will be conditionally released.

If the demurrer is denied, the defense will lose the right to present defense evidence and the
case will be decided on the basis of the prosecution’s evidence.

If the demurrer is granted, the accused will have forfeited the dismissal of the case.

Question 22

1 / 1 pts
X, Y and Z were indicted for the crime of estafa involving hundreds of millions of pesos by a
British-based corporation ABC. ABC’s president and representative is D, a 70-year old British
national based in London where ABC’s headquarters are located. D came to the Philippines no
less than three times in connection with the case – the first was when he executed his affidavit
before the public prosecutor, the second during the arraignment of X, Y and Z before the trial
court and the third time was during pre-trial. D was scheduled to appear during the next hearing
as the first witness for the prosecution. In all these three instances, it was apparent that D was of
frail health due to his advanced age and the long-hour flight to the Philippines was unduly taxing
to him. A week before D was scheduled to take the witness stand, the private prosecutors
informed the court that D was hospitalized in a London hospital after a heart attack and was
advised by his doctors against long haul flights. The prosecutors requested that they be allowed
to take D’s deposition from the Philippine consular office based in London. They pointed out that
D’s testimony is vital in the case, as D was the one who directly dealt with the X, Y and Z in the
transactions that led to the filing of the case. If you were the trial judge, how would you rule on
the motion?

I will grant the motion. Deposition-taking is a mode of discovery allowed under the rules.
Considering the importance of D’s testimony to the case, allowance must be made for the State
to be able to prove its case.

I will deny the motion. The deposition-taking of a vital prosecution witness conducted abroad
must be made before a British judge or before a member of the British bar, as provided by the
rules.

I will grant the motion. Deposition-taking will not be unduly prejudicial to the accused as long
as the defense will send their own defense counsels to London to also cross-examine D during
the deposition-taking.

I will deny the motion. The prosecution’s vital witness must testify before the court where the
case is pending and in the presence of X Y and Z. This may be made by the prosecution by taking
D's testimony while D was in the Philippines or at the very least via videoconferencing from the
Philippine consulate in London. Otherwise, testifying by mere deposition would be violative of X,
Y and Z’s right to confront/cross-examine the witnesses against them.

Question 23

1 / 1 pts

What is the remedy of an accused who suffers from an inordinate delay in the trial of his case?

Move for his acquittal on the ground that the prosecution was unable to prove his guilt despite
opportunity to present witnesses.
 Move for the quashal of the information against him on the ground of the prosecution’s failure
to prosecute.

Move for provisional dismissal of the case.

Move for the dismissal of the case on ground that the delay is violative of his right to speedy
trial.

Question 1

1 / 1 pts

X, Y and Z were charged with conspiracy in the murder of A. After trial, the judge informed the
parties that the case was now submitted for decision. Notice of promulgation was sent to the
parties and their counsel. On promulgation day, X came with his counsel. Y and Z were absent
but their counsels, who were present, failed to satisfactorily explain their failure to appear. The
judge directed the clerk of court to read in court the judgment which convicted all three accused
for the crime of murder. With respect to Y and Z, copies of the judgment were furnished their
lawyers. Judgment was also entered into the criminal docket of the court. Was the promulgation
validly made for all three accused?

Promulgation is valid because X, Y and Z were charged with conspiracy, meaning to say, the act
of one is the act of all. This means that the presence of X can also be considered as binding on
the other conspirators, Y and Z.

Promulgation was valid for X but invalid for Y and Z. To be a valid promulgation in absentia,
promulgation must be made in the presence of counsel, or by furnishing counsels with copies of
the decision, making an entry of the judgment into the criminal docket of the court, and lastly,
leaving a copy of the decision in the last known residence of the accused.

Promulgation was valid with respect to X but invalid with respect to Y and Z. The rules provide
that the accused must be present during promulgation if judgment was for conviction.

The promulgation was invalid. It should have been the judge who should have read the
judgment in court.

Question 2

1 / 1 pts

On promulgation day, accused X came with his counsel while his co-accused Y and Z were
absent. The latter two’s but their counsels, who were present, failed to satisfactorily explain their
failure to appear. The judge directed the clerk of court to read in court the judgment which
convicted all three accused for the crime of murder. With respect to Y and Z, copies of the
judgment were furnished their lawyers. Judgment was also entered into the criminal docket of
the court.

Ten days later, the counsels for X, Y and Z filed separate motions for reconsideration before the
court. The trial court judge granted the motion for reconsideration of X by downgrading his
conviction from murder to homicide. The court however, denied the motion for reconsideration
of Y and Z on the ground that the testimony of a credible eyewitness against them remained
unrebutted. Was the trial court judge correct?

Yes, the judge was correct. X having been present during the promulgation of decision, his
motion for reconsideration was correctly granted, while that of Y and Z were correctly denied
because they were absent during the promulgation.

No, the judge should have denied the motions for reconsideration of all three accused because
not all of them were present during the promulgation. Charged as conspirators, all three must
appear during the promulgation.

No, the judge should not have given due course to the motion for reconsideration of Y and Z.
Having been absent during the promulgation of decision, Y and Z have lost the opportunity to
avail of post-promulgation remedies, including the right to file a motion for reconsideration.

Yes, the trial judge was correct. All three accused were considered present during trial. The
presence of their counsels who are their representative “cured” their absence.

Question 3

1 / 1 pts

Judgment was promulgated finding X guilty beyond reasonable doubt of the crime of murder, in
relation to the killing of A. In its decision, the court imposed on X the penalty of reclusion
perpetua, and sentenced him to pay civil indemnity to the heirs of A in the combined amount of
Php800,000.00. Thereafter, after a month, when preparing his monthly report, the judge, read
the decision again and found several lapses. Which of the following lapses is he still allowed to
correct, assuming the accused never questioned the decision despite the mandatory automatic
appeal?

typographical errors.

error in the amount of civil indemnity.

error in the assessment of the evidence presented.

error in the penalty.

Question 4

1 / 1 pts
A case for murder was filed before RTC, Branch 10. Judge A, the presiding judge therein,
conducted arraignment and pre-trial. Trial was scheduled three months later. However, in the
interim, Judge A retired. While the position of presiding judge was still in the process of being
filled up, the Supreme Court designated Judge B to be the acting presiding judge of the court,
with the authority to hear and decide cases. The evidence for the prosecution and the defense
was heard by Judge B. Two months after the case was submitted for decision, Judge B had
already prepared a draft decision and was about to promulgate it on December 10 when he
received the official copy of his appointment to the Court of Appeals effective December 1. Due
to the appointment of Judge (now Justice) B, the Supreme Court designated Judge C to be the
acting presiding judge of RTC Branch 10, also with the power to hear and decide cases. If you are
Judge C, what will be your action with respect to the case?

I will draft another decision based on the records of the case, sign it in my name, and
promulgate the decision during my tenure as acting presiding judge.

I will refer the case to Judge (now CA Justice) B, before the Court of Appeals and the Court of
Appeals justice will be the one to promulgate the decision.

I will order the conduct of a New Trial so I can receive evidence and hear the testimony of the
witnesses first hand and I will be able to decide the case accordingly.

I will promulgate the decision drafted and signed by Judge (now CA Justice) B because the case
was heard by him and Judge (now Justice) B is in the best position to decide the case.

Question 5

1 / 1 pts

X was found guilty of the crime of serious physical injuries and was sentenced to six years and
one day of imprisonment. The next day after promulgation of judgment, he filed a notice of
appeal. However, the following day, X filed an application for probation. If you are the judge
what will be your action on the foregoing, in the higher interest of justice and in the best interest
of the accused?

I will grant both remedies. X can enjoy probation pending his appeal.

I will deny the appeal, as it is considered to have been superseded by the filing by X of an
application for probation. Thereafter, I will deny the application for probation too.

I will deny both remedies, as they are mutually exclusive of each other.

I will deny application for probation because X is disqualified from availing of probation and ask
X if he is still interested in pursuing his appeal. If he is, I will give the notice due course,

Question 6

1 / 1 pts
 In relation to the ambush, kidnapping and gruesome murder of General A who was known as
the killer of the many members of leftist group, X, Y and Z were arrested. Before trial, the NPA, in
an exclusive interview with the press, released a statement that X, Y and Z are innocent and that
it is they (the CPP-NPA) who committed the crime. During trial, the prosecution presented two
eyewitnesses who identified X, Y and Z as the same persons who had ambushed. kidnapped and
killed the general. On the basis of said eyewitness testimonies which the court found credible in
all respects, the trial court convicted all three accused. Three days after the conviction, the NPA
slammed the decision as an injustice, as they had already admitted to having committed the
killing. A well-known activist who claimed having friends who are members of the NPA, in a
television interview, called the conviction an injustice. As proof, he produced the watch allegedly
worn by the slain general on the day he was ambushed, kidnapped and murdered. He said his
NPA-friends had given him the watch which meant that only the NPA could have committed the
murders. On the basis of the foregoing, the defense asked for a new trial based on newly
discovered evidence consisting of the watch of the slain general. As alleged by the defense, the
watch could not have been introduced in evidence earlier by the defense as they did not know of
its existence during trial. As a judge, would you grant the motion?

No. the watch was not yet proven to be the same watch owned and worn the victim.

Yes, the watch was the only direct link between the victim and the perpetrators of the crime. Its
introduction into evidence would indubitably change the outcome of trial and prove the
innocence of X, Y and Z.

Yes, the watch would have proven that the persons from whom they came, were indeed the
killers of the slain general. Moreover, considering that the same was unavailable during trial, all
leeway should be given to the accused to prove their innocence.

No. the introduction of the watch will not prevail over testimonial evidence which was the basis
of the conviction. Moreover, the watch is irrelevant to the question of whether X, Y and Z
committed the crime.

Question 7

1 / 1 pts

What statement best distinguish/describe a motion for reconsideration and a motion for new
trial?

A motion for reconsideration does not seek a new trial, the judge reviews only errors of law and
fact; on the other hand, a motion for new trial seek the conduct of new trial to correct a
procedural error or rectify an evidentiary lack which could change the outcome of the
proceedings.

Both motions can be resorted to by either the prosecution or the defense when either of them
is of the position that the trial was attended by irregularities that could alter the outcome of the
proceedings, the only difference being that a motion for reconsideration does not seek new trial,
as the nature of the error is such that it can be corrected without need for new trial.
 Both motions are remedies that can be availed of after promulgation of judgment.

a motion for reconsideration seeks reconsideration of an erroneous judgment; whereas a

motion for new trial is resorted to every time the judgment is rendered when errors pertain to
the jurisdiction (or lack thereof) on the part of the court.

Question 8

1 / 1 pts

Under the circumstances in the preceding question, assuming the judge grants the motion for
new trial, what will transpire during the new trial?

The original judgment shall be set aside and vacated and a new judgment of acquittal is
rendered in favour of the accused.

The evidence adduced during the first trial will remain. New trial will be conducted only to
allow M’s testimony and such other evidence as the court may, in the interest of justice, allow to
be introduced. The new evidence will be considered together with evidence adduced during the
first trial.

All proceedings and evidence made and produced during the first trial will be set aside and
taken anew. The court will recall the original witnesses, and this time, include M who will testify
regarding the watch.

The original judgment shall be set aside and vacated and a new judgment is rendered
accordingly.

Question 9

1 / 1 pts

Which of the following may be the subject of an appeal?

A resolution denying admission to certain exhibits for the defense.

A decision acquitting the accused.

A resolution granting a demurrer to evidence.

A decision convicting the accused.

Question 10

1 / 1 pts

What best exemplifies the difference between an appeal and a petition for certiorari?
 An appeal assails the findings of fact and law in final orders and judgments while certiorari is
hinged on allegation of grave abuse of discretion and may apply to both final orders, decisions
and interlocutory orders.

An appeal is always from final judgments, whereas certiorari is limited only to issues of grave
abuse of discretion which may be committed by a court in ruling on a demurrer to evidence.

An appeal may be made only on judgments whether they be of conviction or acquittal while
certiorari is available only where appeal is not an available remedy.

An appeal is always from an assailed order of the lower court and may be filed before the RTC
or the CA while certiorari, as it pertains only to questions of law, can only be filed before the
Supreme Court.

Question 11

1 / 1 pts

W, X, Y and Z were charged as conspirators in the separate charges of robbery and homicide due
to the death of their victim, A. All were convicted as conspirators. Only W filed an appeal brief. In
ruling on the appeal, the appellate court found that conspiracy existed only as to the robbery.
There was however, no conspiracy with respect to the death of A as the singular shot fired by X
was an act of X alone and cannot be attributed to the conspiracy to rob A and that in fact the
others tried to prevent X from shooting A. Accordingly, the appellate court reduced W’s
sentence. What will be the effect of W’s favourable appeal to his co-accused?

W’s appeal only applies to him; no benefit can be had by the others who did not appeal.

W’s appeal will benefit X, Y and Z because they are all charged and convicted as conspirators.

W’s appeal will benefit him and Y and Z because the findings also apply to the latter two. It will
not benefit X.

W’s appeal has no effect. Having been charged and convicted of conspiracy, his appeal should
have included his other conspirators; otherwise, the decision thereon by the appellate court will
have no effect.

IncorrectQuestion 12

0 / 1 pts

W, X and Z who were charged with the murder of A, were acquitted on ground of reasonable
doubt. Apparently, the trial court found the testimony of the lone eyewitness incredible. B, the
mother of A was aggrieved by the decision. Convinced that the acquittal was erroneous, the
prosecutor also agreed with B. What will be the next probable course of action for the
prosecution?
 Motion for reconsideration.

Certiorari.

Habeas corpus.

Appeal.

Question 13

1 / 1 pts

During the pendency of his appeal of his judgment of conviction, X joined the group of detainees
who escaped the Manila City Jail. What will be the effect of this on his pending appeal?

The Court of Appeals will suspend the appeal proceedings pending the surrender of X.

The Court of Appeals will immediately issue a judgment on appeal, affirming the conviction of
the lower court.

The Court of Appeals will immediately remand the case to the lower court while awaiting the
arrest of X.

The Court of Appeals will dismiss the appeal motu propio.

Question 14

1 / 1 pts

X was convicted of the crime of murder for which he was penalized with the penalty of reclusion
perpetua. Which court will determine his appeal?

Court of Appeals.

Supreme Court.

MeTC.

RTC.

Question 15

1 / 1 pts

X’s was convicted for murder for which he was meted the penalty of reclusion perpetua and civil
indemnity to the heirs of the deceased’s heirs solely arising as a consequence of the alleged
murder, in the amount of Php500,000.00. The judgment was automatically appealed to the CA
which sustained his conviction. The CA’s decision was raised to the SC. Before the SC can issue its
decision, X died. What will be the effect of this?

The SC will remand the case to the lower court for further determination of the civil aspect of
the case.

The SC will dismiss the petition but only as to the criminal aspect of the case. It will continue to
determine the question on his civil liability.

The SC will dismiss the case but the civil action will survive and subject to further determination
by the trial court.

The SC will dismiss the petition as the death of X extinguishes both his criminal and civil liability.

Question 16

1 / 1 pts

D, a Filipina entertainer working in Japan met, fell in love and ultimately married E, a Japanese
businessman in Japan. The marriage was registered before the Philippine consulate in Japan.
After 5 years, the marriage began to sour and E filed for divorce which, under Japanese law, is
achieved by the mere act of filing a divorce agreement signed by both spouses. On the basis of
such agreement, the Japanese court issued a decree of divorce. Three years later, while
vacationing in the Philippines, D fell in love with Y, a Filipino and both soon planned to marry. As
a lawyer, what will you advise D?

File a notice of the foreign divorce before the Local Civil registrar which keeps a record of the
marriage between D and E and annotate the same to the old marriage certificate. Only then can
D remarry.

File a File another Petition for Annulment before the Philippine court in order to annul her
marriage with E, and so that D will be considered eligible to marry again under Philippine law. As
Philippine law does not sanction divorce, it cannot recognize foreign a divorce.

File a petition for recognition of foreign divorce before the Philippine court and during the
proceeding, present an authenticated copy as well as proof of Japanese law on divorce and of
the decree of divorce issued by the Japanese court. Only then can D remarry.

There is no need to do anything. The divorce of D from E is irrelevant to D’s planned marriage to
Y which will be held in the Philippines under Philippine law. This is because D’s first marriage is to
E, a Japanese national is governed by Japanese law.

Question 17

1 / 1 pts

The following are matters of mandatory or discretionary judicial notice under Sections 1 and 2 of
Rule 129, except:
 That the Philippines is located in Southeast Asia.

Age of a party on the basis of said party’s appearance.

That the sun rises in the East and sets in the West.

That Joseph Ejercito Estrada is the 13th president of the Republic of the Philippines.

Question 18

1 / 1 pts

What is the difference between an admission and a confession?

A confession is always made by an accused in a criminal case whereas an admission is made by

a person in a criminal case, other than an accused, such as a mere witness, as to a particular
fact, not necessarily pertaining to guilt.

A confession is a voluntary declaration made at any time by an accused, in a criminal case,

acknowledging guilt of the offense charged. Admission is a statement of fact made by one who is
not necessarily a party to the case, whether civil or criminal, relating to a relevant fact not
directly involving an acknowledgment of guilt.

A confession is made in the course of a judicial proceeding whereas an admission is always

extrajudicial, and must be proved during trial by competent evidence.

There is no difference between the two; confession and admission may be used
interchangeably.

Question 19

1 / 1 pts

The following are necessary for the admissibility of an Object Evidence except:

is relevant and competent

can be authenticated by a witness(es)

is tangible, can be marked, and physically surrendered to the court.

can be formally offered in evidence.

IncorrectQuestion 20
0 / 1 pts

In a case of falsification of documents, it was alleged that the signatures of the vendor M, as
appearing in the deed of sale, marked as Exhibit Z, were forged by the accused X. To prove
forgery, the prosecutor introduced to the witness stand witness G, a handwriting examiner of
the NBI who identified the forged signatures appearing on the three pages of the deed which
were sub-marked as Exhibits Z-1, Z-2 and Z-3. Witness G pointed out that these were different
from the customary signatures of M as appearing in his official documents, particularly in
driver’s license, Philhealth ID and in his National ID, which were marked in evidence as Exhibits Y,
Y-1 and Y-3, respectively. How do you characterize Exhibits Y and Z and their sub-markings?

Testimonial Evidence.

Expert Evidence.

Documentary Evidence.

Object Evidence.

IncorrectQuestion 21

0 / 1 pts

Which of the following resultant evidence, while perhaps relevant to the crime in question, may
nonetheless be inadmissible on the ground of “incompetence?”

the act of standing up by an accused in compliance with the directive for him to stand up so
that the prosecution witness could properly determine whether he was the same person whom
she saw stab the deceased that fateful night

the act of undressing made by an accused in court (after excluding other persons), upon the
directive of the court, in order to determine the presence of herpes and verify the statement of
the rape victim that the person who raped her indeed bears signs of herpes in his genitalia.

A re-enactment of the crime of murder made by an accused in compliance with the directive
that he demonstrate how he wielded the knife in order to stab the deceased who was already by
then, lying prone on the ground.

the act of an accused of taking off his shirt upon the directive of the court, to enable the court
to verify the identification made by the victim who testified that the man who raped her had a
tattoo of the black Nazarene on his chest.

Question 22

1 / 1 pts

How is an object admitted into evidence?

the same is merely submitted for the inspection of the court and thereafter offered in evidence.

the same can be surrendered to the custody of the court.

 the same is photographed, then the photograph is compared with the actual object, and
thereafter marked and offered in evidence.

the same is identified, authenticated by (a) witness(es), marked, and thereafter offered in
evidence.

Question 23

1 / 1 pts

What is the significant consequence of judicial notice, whether mandatory or discretionary?

It assists the judge in weighing or evaluating evidence.

It assists the judge in determining which factual submission necessitates additional evidence so
as to enable a party to prove or disprove his or her case.

It entails extensive research work on the part of the judge, as to verify the fact(s) that he/she
wants to take judicial notice of.

It dispenses with the need for proof and abbreviates the proceedings.

Question 24

1 / 1 pts

The following can be classified as an object evidence except:

The writing on the wall, made by the victim using his own blood, of the name of the person
who killed him.

Knife used in the fatal stabbing of the victim to show that the blood found therein matched that
of the victim.

Boodle money to show that a buy-bust operation was indeed conducted by the police.

Drugs recovered from the crime scene including the markings written on the individual sachets.

Question 25

1 / 1 pts

Which of the following statements is correct?

Relevant evidence is always competent evidence.

Relevant and competent evidence is always admissible evidence.

 Relevant and competent evidence always has high probative value.

Competent evidence is always admissible evidence.

Question 26

1 / 1 pts

In a crime of murder committed against the deceased A, and filed against X, which is the factum
probandum?

That at the time of the incident, X was seen with a bloodied shirt.

That X intended to cause and indeed caused, the death of A.

That a bloodied knife was found hidden under X’s bed.

That X and A who are neighbors, had a long-standing boundary dispute.

IncorrectQuestion 27

0 / 1 pts

During the trial of X, for the crime of murder which he allegedly committed, the prosecution
presented H, the lone eyewitness to the crime. According to H, he saw the accused X, while the
latter was stabbing the victim in the intersection of Street 1 and Street 2. H testified that at that
time, he was standing in his front yard which was located in the corner of Street 1 and Street 2
and had a clear view of the incident. Unknown to the parties, Judge W passes the same area
every day on his way to and from work, and was aware that the house H was referring to, was
covered in tall hedges which would, to the mind of Judge W, have made it impossible for anyone
from the inside to have a clear view of the street. H’s house being the largest in the area, and the
judge presumes this fact is well-known in said place. What will Judge W do?

Judge W will not take judicial notice of the fact that tall hedges cover the house of H but will
consider said fact in weighing the testimony of H when making his decision.

Judge W will take mandatory judicial notice of the fact that tall hedges cover the house of H as
the same falls within the enumeration of “geographical divisions.”

Judge W will, in his own initiative, announce the intention to the take judicial notice of the fact
that tall hedges cover the house of H and allow the parties to be heard thereon.

Judge W will take discretionary judicial notice of the fact that tall hedges cover the house of H
as this is a matter of public knowledge.

Question 28

1 / 1 pts
During a trial for murder, the accused X, upon arraignment, pleaded guilty to the charge. What
will the court do?

The plea of guilt being a judicial admission, it dispenses with the need for proof and therefore,
is sufficient to justify a judgment of conviction for the crime of murder.

The court is mandated to inform the accused of the consequences of his plea and will still
require the prosecution to present evidence to prove the charge of murder despite the
confession.

The plea of guilt is not an admission of guilt but a confession of guilt which is sufficient in itself
to enable the court to automatically render a judgment of conviction.

The court will enter a plea of not guilty for the accused and require the prosecution and the
defense to proceed to a full blown trial.

IncorrectQuestion 29

0 / 1 pts

In what instance is parol evidence allowed/applicable?

When the issue is whether or not X the vendor of the property whose name and signature
appears on teh contract can indeed sell the property, on the ground that she is not the
authorized representative of her mother is the titled owner thereof.

When there is a discrepancy in the land area described in the contract of sale of a parcel of
land, and in the actual title covering the same land.

When the issue is whether or not the signatures of the vendor appearing on the contract of
sale is a forgery.

When the buyer in a contract of sale alleges that before the signing of the contract, she was
able to convince the seller (presently dead) to allow her to pay the purchase price in 24 monthly
instalments instead of 12 instalments, as provided in the contract.

IncorrectQuestion 30

0 / 1 pts

Which is NOT a documentary evidence?

A holographic will of X used to establish the testator’s handwriting by means of comparing her
handwriting as appearing on the will and her handwriting and signature as appearing on the
assailed deed of sale.

The birth certificate of Y evidencing the place and date of her birth and of her paternity.
 The title to the property in dispute, to prove the identity of X as the owner of the said property
which was the subject of the sale between X and Z.

The bank checks issued by X and deposited in the account of B, as proof of payment of X’s
indebtedness to the B.

Question 31

1 / 1 pts

C sued B for a sum of money alleging that B had not made any loan instalment payment within
the agreed 12-month period, as provided in their loan contract. In his defense, B countered C’s
allegations and insisted that he had complied with his undertaking under the contract by making
the monthly instalment payments through post-dated bank checks which he had issued to C, and
which, as shown in his bank records, were already encashed by C. Unfortunately, B does not
have the checks with him. As he alleged, after issuing the 12 post-dated checks to C, he never
saw them again. What will B do?

B will move for the court to issue a subpoena duces tecum and ad testificandum for C to take
the witness stand as a hostile witness, and, through cross-examination questions, establish that
C had indeed received the checks from B.

B will give notice to C and the Bank to produce the checks, and in the event they cannot be
produced after reasonable time, to ask the court to subpoena the checks. If still, no checks are
produced, file a motion to introduce secondary evidence consisting of photocopies of said
checks.

B will ask the court to direct the adverse party, C to produce the checks; and if C is unable to do
so, to pray to the court to be allowed to present the testimony of the bank teller.

B will prove, by his own testamentary evidence, that he had indeed issued the checks in favour
of C and as secondary evidence of the checks, offer in evidence the stubs from her check book
from where said checks were taken.

Question 32

1 / 1 pts

Which of the following cannot qualify as an “original document”?

Duplicate copies of invoices and receipts, duplication having been achieved with the use of a
carbon paper placed between the first receipt and on the second copy) issued by M, the cashier
of Company ABC within the periods of 2015 to 2021, introduced in evidence to prove that M had
committed estafa through falsification.

The original copy of the contract of sale of a parcel of land executed by A and B which was
introduced in evidence as proof of the existence of the contract between them.
 The owner’s copy of TCT No. 1245 in the possession of the titled owner X to prove that a title to
the property was indeed issued to her as buyer but the same has not yet been compared with
the title on file with the Office of the Register of Deeds.

A summary of the many entries in voluminous records of the invoices and receipts issued by M,
the cashier of Company ABC within the years 2015 to 2021, introduced in evidence to prove that
M had committed estafa by falsifying the same.

Question 33

1 / 1 pts

All of the foregoing statements are TRUE, except:

The Parol Evidence Rule dispenses with the requirement that the document under
consideration be the original document.

The Parol Evidence precludes the deviation from the terms of the contract while the Original
Document Rule precludes the introduction of secondary evidence regardless of its effect on the
provisions of the contract.

The Parol Evidence Rule only applies to contractual arrangements, except wills, while the
Original Document Rule applies to all types of writings.

The Parol Evidence Rule pertains only to disputes between the parties to an instrument while
the Original Document Rule can be invoked by any party, regardless of their participation in the
writing.

IncorrectQuestion 34

0 / 1 pts

If someone sends you a letter via e-mail, how will you introduce it in evidence?

by printing out the e-mail and issuing a subpoena to the person to whom it was addressed to
confirm that it was the same e-mail she had received.

by evidence of the digital signature of the sender, or a showing that security

procedures/devices were applied to the document or by other evidence showing its integrity
and reliability to the satisfaction of the judge.

by printing out the e-mail and issuing a subpoena to the e-mail sender for him to verify that it
was the same e-mail that he had sent.

by introducing the printout copy of the assailed e-mail to the court.

Question 35
1 / 1 pts

Among the evidence introduced by party A in a case involving a boundary dispute with his
neighbour B was the owner’s copy of TCT No. 12345 covering A’s property. It was marked as
Exhibit A. After presenting testimonial evidence, A (through counsel) offered in evidence all
documentary exhibits, including a photocopy of TCT No. 12345. The adverse party opposed the
admission of Exhibit A on the ground that it was not the original document. A countered that he
cannot surrender the original owner’s copy of the title. If you are the lawyer for A, what will you
do?

I cannot do anything but I must offer the original under the original document rule.

I will photocopy the original owner’s copy of TCT No. 12345, submit both original and
photocopy for the inspection of the opposing counsel and the court, and if it is agreed that the
photocopy is a faithful reproduction of the original, to cause the marking thereof as Exhibit. It
will be the photocopy that will be submitted as an exhibit in court.

I will not offer in evidence TCT No. 12345.

I can ask the Register of Deeds to issue a certification that they had indeed issued TCT No.
12345 in the name of my client and I will offer that Certification.

Question 1

1 / 1 pts

In which of the following situations is the declaration of a deceased person against his interest
NOT ADMISSIBLE against him or his successors and against third persons?

Declaration of a joint owner in the course of ownership.

Declaration of an agent within the scope of his authority.

Declaration of a former co-partner after the partnership has been dissolved.

Declaration of a joint debtor while the debt subsisted.

IncorrectQuestion 2

0 / 1 pts

B was accused in a crime of the murder of his friend E. During trial, he testified in his defense
that in a conversation he had with M, who is a mutual friend of B and E, M allegedly admitted to
him (B) that he was the one who murdered E. Can this testimony of B be admitted in evidence as
a ground to acquit him?

Yes, because B had no motive to falsify and believed such declaration to be true.

Yes, because it is an exception to the res inter alios acta rule.

As a rule, no, unless (and only if) corroborated by circumstances that clearly indicate the
trustworthiness of the statement of M.

No, unless the declarant M is dead or unable to testify.

Question 3

1 / 1 pts

Considering the qualifications required of a would-be witness, who among the following is
INCOMPETENT to testify?

A person under the influence of drugs when the event he is asked to testify on took place.

A mental retardate

A deaf and dumb.

A person convicted of perjury who will testify as an attesting witness to a will.

Question 4

1 / 1 pts

Who among the following is competent to testify?

A blind and crippled beggar in a case for homicide pertinent to his account of having heard the
hold-upper and the deceased victim fighting over the deceased’s wallet, followed by the sound
of 3 gunshots.

A 1-year old victim of incestuous child rape.

A witness who is an atheist and does not believe in the obligation of an oath, or of “swearing to
tell the truth, the whole truth and nothing but the truth, so help me God.”

A comatose patient in a case for damages arising from medical malpractice committed against
him.
Question 5

1 / 1 pts

In which instance can a wife NOT testify in any case involving her own spouse under the Marital
Disqualification Rule?

when her testimony pertained to the dying declaration made by the dying spouse disclosing to
her the identity of his killer.

when her testimony pertains to the conversation she had with her husband when she asked
him where he kept the embezzled funds when they were negotiating for the support of their
children after their annulment was granted by the court.

when her testimony pertains to a conversation she had with her husband regarding the latter’s
business of selling illegal drugs.

when her testimony pertains to a conversation she had with her husband regarding the latter’s
business of selling illegal drugs, which conversation was overheard by their three (3) house help
and family driver.

IncorrectQuestion 6

0 / 1 pts

In which of the following circumstances, may an attorney NOT be allowed to TESTIFY pertaining
to matters subject of communication between him and a client?

when a lawyer is asked to testify regarding any communication made to between him and X, a
government official who sought legal advice on how to hide the money he stole from the
government coffers even when such communication did not end in a lawyer-client relationship
between them, as X had found another lawyer to represent him in the case.

when the lawyer is asked to testify regarding the true intention of the decedent pertinent to a
provision in his notarial will, which is the subject of a squabble among the heirs, in a case for
settlement of property.

when the lawyer is asked to testify in a case between two siblings as regards on the proper
division of the sales proceeds of a property owned by them in common as to any communication
was made by any of them to him, as their lawyer whom they both engaged to broker the sale to
third persons.

when the lawyer is asked to testify on the client’s admission to him to the crime charged -
embezzlement of public funds, as well as a detailed description of how the embezzlement was
undertaken, as well as a request for advice on how the client is going to escape the present
charges against him in court.

Question 7
1 / 1 pts

In which of the following circumstances, may a physician NOT be allowed to TESTIFY pertaining
to matters subject of communication between him and a patient?

when the physician is asked to testify and corroborate the testimony of his client in a case of
rape, where the defense of the accused is that he is suffering from a physical condition that
precludes him from having an erection.

when the physician is asked to testify, without the consent of his patient, regarding the medical
examination and diagnosis he had conducted on the president of the Philippines particularly
when said public official’s deteriorating health is subject of nationwide speculation.

when the physician is asked to testify regarding the sanity or insanity of a person who is subject
of a guardianship proceeding, and whose examination was directed by the court.

when the physician is asked to testify regarding the autopsy he conducted on the cadaver of X,
who, during his lifetime, was also his patient, in a criminal case for murder by poisoning, to
enable the court to determine whether the cause of death was by poisoning or whether it was
because of illnesses the decedent was already suffering during his lifetime.

Question 8

1 / 1 pts

X was among the accused in a case of robbery where it was alleged that X, together with his
cohorts Y and Z had snatched from A several pieces of jewelry amounting to Php 300,000.00.
Unfortunately for X, it was only he (X) who was caught by the authorities. Y and Z remained at
large. Prior to arraignment, X through his lawyer, expressed their amenability to plea bargaining
and proposed that X plead guilty to the lesser offense of theft for an amount as would merit him
the lower penalty of prision correccional. X disclosed that while he was the one who snatched
the jewelries, he had passed them on to Y and Z who then pawned the items to a pawnshop
along Taft Avenue. As part of the plea bargaining, X promised to disclose the addresses of Y and
Z and the name of the pawnshop where they had pawned the jewelries. Acting on the foregoing
information, A learned that X and Z had moved out from their addresses. Moreover, the
pawnshop had already foreclosed on the jewelries sold them to 3rd persons. Frustrated, A
decided not to consent to a plea bargaining and to proceed with the prosecution of X. A’s lawyer
seeks to introduce X’s admission to the crime as part of the prosecution’s evidence. If you were
the judge, would you allow it?

No, the information divulged by X cannot be admitted in evidence if made without the consent
of A and X, as it is they who are the parties to the plea bargaining, not the lawyers.

Yes, as relating to plea bargaining, the general rule is that any statement made in the course
hereof is admissible, except when the plea is later withdrawn or was not accepted.
 Yes, any statement made in the course of the proceedings is a confession and is a matter of
judicial notice. Moreover, the exclusionary rule on offer of compromise only applies to civil
cases, and not to plea bargaining in criminal cases.

No, as relating to plea bargaining, any statement made in the course hereof, is inadmissible,
even if the plea is later withdrawn or was not accepted. Any rule to the contrary would
discourage negotiations for plea bargaining.

IncorrectQuestion 9

0 / 1 pts

Under the same circumstances above, assuming that the plea bargaining pushed through, and Y
and Z were later arrested and faced trial. Can the testimony of X pointing to them his
conspirators in the commission of the crime, be admitted in evidence against Y and Z?

Yes, as it was a statement made by a witness who was qualified to testify.

No, the information divulged by X cannot be admitted in evidence if made without the consent
of Y and Z under the res inter alios acta rule.

No, in order to be able to testify, X must still be first discharged as a state witness.

Yes, as it was a statement made by a conspirator, pertinent to, and during the existence of, a
conspiracy.

Question 10

1 / 1 pts

B was employed as a cashier of the St. Joseph Parish. Upon audit, she was found to have
defrauded the parish with as much as Php1,000,000.00 of parish funds which came from the
parishioners’ donations sent through the parish’s G-cash account. Only B had access to the G-
cash account.

A case for theft was filed against B before the office of the city prosecutor. C, who was B’s
mother and the head of the Catholic Women’s League (CWL) was embarrassed at the scandal
that her daughter had caused. C wrote to the parish priest, Father DE and offered to pay the
missing funds. During trial, Father DE testified having received a letter from C, and further
identified in evidence the same letter written by C, marked as Exhibit A as an added evidence of
B’s guilt. Should the court admit the letter?

Yes, but only if C is the one who will testify and identify the letter she has written.

No, the offer to compromise made by C was not binding on B as C was not a party to the case.

Yes, because it is an evidence of B’s guilt, amounting as it is to a judicial admission.

No, the offer to compromise made by C cannot be admitted in evidence as it was mere hearsay.

Question 11

1 / 1 pts
Corporation ABC owns a parcel of land which it now seeks to develop as a storage facility for its
goods. It filed a case for ejectment against the occupants on the ground that none of them are
paying any lease rentals. Based on their defences, the occupants, numbering 30 families can be
categorized into 2 groups. The first group consisting of the older occupants alleged that their
occupation originated from a contract of lease with the former owner of the property, Mr. X,
who had leased the property to them for 2 decades. They admitted that after X’s death, they
have not been paying rent. The second group of occupants were more recent settlers who traced
their occupation to a land grant given by the City of Manila, alleging among others that the
property was already expropriated by the city and was being awarded to qualified urban poor.
The trial court, in deciding the case, held in favour of Corporation ABC, on the basis of the line of
defense made by the first group of occupants. According to the court, the existence of a contract
of lease, concurrent with the non-payment of lease rentals, is an admission that binds all the
occupants. Is the trial court correct?

No. the court should not consider the admission made by the first group of occupants binding
on the second group of tenants, particularly when the defenses of both groups differ from each
other. It should have separately considered the merit of each defense posited by each group.

No, the court was incorrect. It should first see if the two groups were in collusion with each
other to further confuse the issues.

Yes, the trial court was correct in admitting the admission made by the first group, considering
that it was acting on the evidence introduced in the same case.

Yes, the trial court was correct as the defense was made by the same set of defendants,
occupying the same property which is subject of the same case. It would be error to categorize
them according to their defenses.

Question 12

1 / 1 pts

In a case for kidnapping filed against W, X, Y and Z, accused W, while in the process of bargaining
with the prosecution for his discharge as state witness, had executed an affidavit detailing the
incident, admitting to his role in the crime, as well as implicating his co-accused X, Y and Z.
Unfortunately, the possibility of him being state witness did not materialize as the lead
prosecutor did not approve of it, on the ground that there was ample evidence to establish the
crime against all four conspirators even without W turning into state witness. What will become
of W’s judicial affidavit then?

W’s judicial affidavit may be admitted to impeach him only. It cannot be admitted against his
co-accused unless there is an independent showing of the existence of a conspiracy.

W’s affidavit can be admitted against all of the accused, as his request to discharge as a state
witness s a matter of judicial notice, as it is part of the records of the case.

W’s judicial affidavit cannot be admitted against him, or any of his co-accused on the ground
that the negotiation for him to be state witness never materialized.

W’s judicial affidavit may be admitted against him, as well as against his co-accused if there was
a showing that the affidavit was freely, and voluntarily executed.
IncorrectQuestion 13

0 / 1 pts

X and Z were owners of adjacent parcels of land. X filed a case for annulment of title against Z,
on the ground that Z’s title encroached a portion of X’s property, consisting of 100 square
meters, more particularly described as – “that area starting from under the huge acacia tree until
the edge of the creek.” During trial, X wanted to introduce in evidence the holographic will of the
deceased M from whom Z had bought the property 10 years prior. The will was executed 50
years ago, and in one of its provisions, M had stated that in the event of his death, the portion of
his property consisting of that area “starting from under the huge acacia tree until the area
where the creek starts” should be returned to his brother X, as he was only borrowing it for
purpose of providing shelter for his livestock. Should the holographic will be allowed in this case,
in support of X’s case against Z?

Yes, the provision in the holographic will of M is admissible in evidence, regardless of who will
be benefitted or prejudiced thereby, as long as it is probated.

Yes, it is considered an admission of M, made against M’s interest, and while M was the owner
of the property, and is therefore binding upon the present owner who is M’s successor-in-
interest.

No, the provision in the holographic will can only be admitted if it is made during the lifetime of
M. The rules prohibit the admission of statements made by deceased persons who cannot
anymore be cross-examined regarding the truth of the statements made during their lifetime.

No, the provision in the holographic will should be admitted only for the purpose of the
settlement of estate of M, and not for any other purpose; otherwise, it will not be reflective of
the true intentions of M, which is to dispose of his properties after his lifetime.

Question 14

1 / 1 pts

Which of the following can be classified as a confession?

The statement of X, expressing willingness to pay for the funeral expenses of the victim, D.

The statement of M, who presented the report on the fingerprint found on the murder weapon
which was near body of the deceased, identifying said fingerprint to be that of X, the accused in
a criminal case, thereby proving that X was near the accused at the time of the latter’s death.

The re-enactment of X, the accused, in a criminal case, of exactly how he had murdered D with
the use of a knife, which re-enactment having been voluntarily made by him, after full
understanding of its consequences.

The statement of X, the accused, in a criminal case for murder, admitting that he was the one
who bought the gun which was used in the killing of the victim, D.

IncorrectQuestion 15
0 / 1 pts

What are the primary characteristic(s) underlying the exceptions to the res inter alios acta rule?

The declaration was made by third parties who are unable to testify in court.

The declaration was made as an extrajudicial admission, in the context of a civil case, and
without any objection from the party against whom it was given (waiver).

The declaration was made on the basis of the general presumption that the declarant will make
a declaration that is not contrary to his own interests.

Identity of interests and privity between the declarant and the third person making the
testimony; that the declaration was made prior to the controversy but during the existence of
the relationship between the privies.

Question 16

1 / 1 pts

The testimony of Ana regarding an incident three years earlier when she gave her ex-friend
Karen several pieces of jewelry to sell with the agreement that Karen pay her the proceeds of
the sale, and to return any piece left unsold but that Karen, contrary to said agreement, did not
give her the proceeds of the sale and moreover, had replaced the diamonds on the unsold pieces
with stones of inferior quality, is NOT ADMISSIBLE in which, of the following instances?

When it is offered as evidence of Karen’s “bad character” in a case for illegal possession of
drugs filed against her.

When it is offered to establish that Karen likes extravagant diamonds as a possible motive in a
crime for theft of diamonds for which she has been charged.

When it is offered in evidence in a case for estafa filed by another person (Edna) against Karen
for the purpose of showing to the court that since Karen is guilty of fraudulently removing
diamonds from Ana’s jewelry, she must also be guilty of the estafa case filed against her by C.

When it is offered in a case for estafa filed by another person (Edna) against Karen where Karen
is accused of defrauding C by replacing the diamonds in the “consigned” jewelry for the purpose
of proving Karen’s practice/habit of fraudulently replacing diamonds from the jewelry given to
her to sell with inferior ones.

Question 1

1 / 1 pts

To prove that it was Susan stabbed her husband Elmer, Rico testified that he heard Leon running
down the street, shouting excitedly, "Sinasaksak daw ni Susan ang asawa niya! (I heard that
Susan is stabbing her husband!)'' Is Leon's statement as narrated by Rico admissible for the
purpose for which it was offered?
 Yes, as an independently relevant statement.

Yes, as part of the res gestae.

No, since the excited statement is itself hearsay.

No, since the startling event had passed.

Question 2

1 / 1 pts

In a case, the prosecutor asked the medical expert the question, "Assuming that the assailant
was behind the deceased before he attacked him, would you say that treachery attended the
killing?” Is this hypothetical question permissible?

No, since the medical expert has no personal knowledge of the fact.

No, since it asks someone who is not qualified as a legal expert, a question that calls for a legal
opinion.

Yes, but conditionally, subject to subsequent proof that the assailant was indeed behind the
deceased at that time.

Yes, since hypothetical questions may be asked of an expert witness.

Question 3

1 / 1 pts

To prove payment of a debt, Bong testified that he heard Ambo say, as the latter was handing
over money to Tessie -- "O, Tessie, Bayad na ako sa iyo, ha. Quits na tayo." Is Bong's testimony
admissible for the purpose for which it was offered?

No, since Bong's testimony of what Ambo said and did is hearsay.

No, since what Ambo said and did was not in response to a startling occurrence.

Yes, since what Ambo said and did is an independently relevant statement.

Yes, since Ambo's statement and action, subject of Bong's testimony, constitutes a verbal act
and is considered part of res gestae.
Question 4

1 / 1 pts

In a homicide case, which of the following evidence, pertaining to the character of either the
deceased or the accused, is admissible?

evidence tending to establish the deceased’s hot temper and aggression where the defense of
the accused was alibi and denial.

evidence tending to establish the deceased’s hot temper and aggression where the defense of
the accused was self-defense.

evidence that the victim was a drug addict and a neighborhood thief where the defense of the
accused is alibi and denial.

evidence that the deceased was a bad person, as he was previously convicted of crimes which
put to question his decency such as the crimes of rape and estafa through falsification.

Question 5

1 / 1 pts

Which of the following statements is FALSE?

The dying declaration must be made when the declarant is under the consciousness of an
impending death and must concern with the cause and surrounding circumstances of the
declarant’s death.

The mere fact that the declarant is blind is irrelevant, for as long as it can be shown that when
he made the statement, he knew he was dying, and that the statement was in connection with
his death, and his identification of the accused was based on the accused’s utterance during the
stabbing.

Where dying declaration is sought to be admitted in evidence, it is only essential that the
declarant made the statement under the consciousness of an impending death. It is not
necessary that he/she must have actually died.

A dying declaration can only be offered in a criminal case for Homicide, Murder, or Parricide
where the declarant is the victim.

Question 6

1 / 1 pts

Which of the following is hearsay evidence?

 The testimony of Betty that the accused David had told her that it was he who killed George
while in a drunken rage. The testimony was offered to rebut the testimony of David who denied
the charge of murder against him.

The testimony of Betty that her close friend Aida, mother of the accused David had told her
that her son David had tearfully confessed to her (Aida) that it was he who killed George while in
a drunken rage. The testimony was offered to prove David’s guilt in the charge of murder.

The testimony of Betty that the accused David had told her that it was he who killed George
while in a drunken rage. The testimony was offered to prove David’s guilt in the charge of murder
in a trial where David was going to testify in his defense.

The testimony of Betty that she saw the accused David kill George while in a drunken rage. The
testimony was offered to prove David’s guilt in the charge of murder.

IncorrectQuestion 7

0 / 1 pts

Which of the following is an exception(s) to the hearsay rule?

A - A police report prepared by SPO3 Crisanto Pernia, in the regular performance of his duty but
presented in court by SPO1 Merlito Garcia on the ground that Officer Pernia was already
reassigned to another police station at the time of trial.

B - Certified true copy of the birth certificate of Melissa M. Reyes, presented by her sister Anita
Reyes to prove that the accused Melissa was a minor at the time of the commission of the crime.

C - Cadastral maps from the DENR issued in the conduct of cadastral surveys presented in
evidence by a defendant in a boundary dispute.

All of the answers A, B, and C.

Question 8

1 / 1 pts

In a criminal case, after the court denies the defense’s demurrer on the ground that the
prosecution is able to establish a prima facie case against accused, it becomes incumbent upon
the defense to adduce evidence to meet and nullify, if not overthrow, the prima facie case
against them. Does this mean that the burden of proof has shifted to the defense at this point?

Yes, the burden of proof to establish guilt beyond reasonable doubt always shifts to the defense
after the prosecution rests its case.
 No, this burden of going forward with the evidence is always on the party who is, under the
order of trial, the next to present evidence. Thereafter, the burden shifts back.

Yes, the burden of proof now lies on the accused to prove his defense.

No, what shifts at this point is the burden of evidence, and not of the burden of proof. The
burden of proof never shifts.

IncorrectQuestion 9

0 / 1 pts

Which of the following statements on “equipoise” is NOT correct?

An equipoise situation will never occur in a criminal case because the presumption of
innocence will always tilt the balance in favour of the accused.

If the evidence is evenly balanced, it must be decided against the party which has the burden of
proof, for the case is found in exactly the same position and the conclusion as it was in the
beginning.

If equipoise occurs in a criminal case, the proceedings results to the conviction of the accused.

An equipoise situation will never occur in a civil case because the burden of proof shifts from
the plaintiff to the defendant, and will shift back again to the plaintiff after the defense rests.

Question 10

1 / 1 pts

When may cross-examination in a criminal case be dispensed with?

When the witness is a child witness.

When the witness is a hostile witness.

When to the mind of the court, the testimony of the witness is complete and there is nothing
anymore that can be elicited through cross-examination.

When the trial is made in absentia, the accused having jumped bail.

Question 11

1 / 1 pts

Among the following, which is an erroneous mode of impeaching a witness?

 When the party calling the witness charges her with her less than reputable reputation for
truth, honesty and integrity due to her previous convictions for falsification.

When the adverse party’s counsel, on cross-examination, confronts the witness regarding her
previous conviction for the crime of rebellion for which she was convicted and eventually, for
which she was granted amnesty.

When the adverse party’s counsel, on cross-examination, confronts the witness with an
affidavit which the witness executed during preliminary investigation and containing allegations
that are contradictory to said witness’ testimony in court

When the adverse party’s counsel, on cross-examination, confronts the prosecution’s lone
eyewitness with proof that she was previously confined in a mental institution for hallucinations.

Question 12

1 / 1 pts

What is the only means allowed to enable a witness to refresh his or her memory?

By allowing the witness to confer with another person who was with him when the incident
occurred to verify if he remembered the incident correctly.

By allowing the witness to undergo hypnosis conducted by an expert in the field of the
paranormal.

By allowing the witness to consult any writing made by him, 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.

By allowing the witness to view a video of the incident, and asking him to identify it.

IncorrectQuestion 13

0 / 1 pts

A judgment of conviction for homicide was rendered against X. Apparently, the defense counsel
inadvertently omitted to offer in evidence the three (3) pictures of a house party showing the
accused and his friends eating and drinking. The pictures which were part of the testimony of X
and subject of his cross-examination would have bolstered his alibi. According to the trial court,
the general rule was that – any evidence which was not offered cannot be considered by the
court. If you are the defense counsel what will you allege in your motion for reconsideration to
convince the judge that the circumstances in this instant case warrant an application of the
exception to the rule?

The inclusion of the pictures in the formal offer of evidence is unnecessary because the court
already saw them during trial, when they were shown and identified by the defense witnesses
without any objection from the prosecution.

Even if not included in the formal offer, the 3 pictures were duly identified by the accused
during his testimony; they were likewise testified on and identified by his friends who testified to
corroborate his alibi. Moreover, their testimonies containing such identification are contained in
the transcript of stenographic notes.
 The court should exercise liberality in the interpretation of the rules particularly in this case
when the liberty of the accused is at stake.

The omission to include the pictures in the formal offer of documents is immaterial; the
pictures were already part of the purpose of the offer of the testimony of the accused and his
friends.

Question 14

1 / 1 pts

In a case for murder, which of the following is, by itself, INSUFFICIENT to sustain a conviction?

The positive testimony of witnesses who actually saw the accused commit the crime.

The confession of the accused of having committed the crime, despite the absence of corpus
delicti.

The dying declaration made by the victim to his wife identifying the accused as his killer, before
he breathed his last.

A plea of guilt from the accused after which the prosecution, upon the directive of the court,
introduced evidence to prove the crime.

Question 15

1 / 1 pts

A drug store was raided following a buy-bust operation. Apparently, the police had acted on
reports that the drugstore was selling diet supplements and weight-loss drugs from China which
were not yet approved by the Bureau of Food and Drug (BFAD) and for which no license to sell
was issued to the drugstore. Mrs. X, the owner of the drug store was arrested and charged of
“having possessed the regulated drug, and thereafter selling, delivering and giving away
methamphetamine hydrochloride, a regulated drug.”

In her defense, Mrs. X alleged that there was no showing by the prosecution that she had no
license or authority to sell the regulated drugs found in her possession. She maintains that since
the absence of a license or authority is an essential ingredient of the crime, proof of such
negative allegation should have been presented by the prosecution. Is X correct?
 No, Where the negative of an issue does not permit of direct proof, or where the facts are more
immediately within the knowledge of the accused, the onus probandi rests upon him.

Yes, X is correct. The prosecution could have easily secured from the BFAD any certification to
show whether or not X is duly issued with the authority to sell the prohibited drugs.

Yes, X is correct. As provided by law, the burden of proof in criminal cases lies with the
prosecution and this never shifts in the course of the trial.

X is partly correct. The burden of proof shifts from the prosecution to the defense, but only
after the prosecution is finished presenting its case.

Question 16

1 / 1 pts

As a general rule, evidence which was not objected to --

is inadmissible, unless the trial court allows its admission motu propio.

is automatically inadmissible.

is automatically admissible unless the trial court denies it admission motu propio.

is admissible, without prejudice to the weight the court may thereafter accord to it.

Question 17

1 / 1 pts

Under the new rules, the offer of evidence shall now be made –

orally and immediately – for testimonial evidence, immediately before the witness takes the
stand and for object and documentary exhibits, immediately after the last witness for the offeror
takes the stand.
it depends on whether it is testamentary or documentary/object evidence. If the former, it is
immediately; if the latter, it must be made in writing, within 15 days, after the testimony of the
last witness of the party making the offer.

in writing, and immediately - for testimonial evidence, immediately before the witness takes the
stand and for documentary exhibits, within 15 days after the last witness for the offeror takes
the stand.

for any kind of evidence, offer is made in writing, within 15 days from the time the last witness is
presented

IncorrectQuestion 18

0 / 1 pts

In an action for annulment of title, the plaintiff X presented in evidence a deed of sale involving a
property covered by TCT No. 1234. However, before the evidence can be marked, the adverse
counsel pointed out that deed of sale bears alterations – particularly the alteration in the title
number, making it appear that it was TCT No. 1234 when in fact, it was TCT No. 1101. The
following are acceptable explanation to the alteration, except –

The plaintiff can testify that it was not an alteration but rather, a typographical error committed
by the secretary typing the document which error is nonetheless is irrelevant to the issue in the
case.

The plaintiff can testify that the alteration did not change the meaning or language of the
instrument because TCT No. 1234 and TCT No. 1101 refer to the same property. TCT No. 1101
was the title of the lot when it was in the name of his parents and TCT No. 1234 was the title
when the lot became the plaintiff’s due to succession.

The plaintiff can testify that the alteration was made by another, without his concurrence.

The plaintiff can testify that the alteration was made with the consent of the contracting
parties.