MIDTERM EXAMINATION IN EVIDENCE

1. Enumerate at least five (5) innovations introduced in 2019 to the 1997 Rules of Civil
Procedure (2 points each) [Total of 10 points]

2. True or False (1 point each): [Total of 10 points]

2.1. Presentation of evidence becomes necessary if there are legal issues presented in the
pleadings filed.

2.2. Evidence is competent if it is not excluded by the Rules, law, and the Constitution.

2.3. The distinction between an act or declaration against pedigree and family reputation or
tradition regarding pedigree is that in the former, it is not required that the person testifying
is a member of a family.

2.4. Admissibility of evidence can be equated with weight of evidence.

2.5. Hearsay evidence not objected to may be admitted in evidence.

2.6. Cumulative and corroborative evidence are the same.

2.7. The opinion of an expert witness is binding upon the court.

2.8. The doctrine of processual presumption means that where a foreign law is not pleaded
or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours.

2.9. The right against self-incrimination merely covers testimonial compulsion.

2.10. The Rules of Evidence in the Rules of Court will suppletorily apply to the Rules on
Electronic Evidence in matters not specifically covered by the latter.

3. Enumerate the kinds of evidence in the order of hierarchy of reliability and give examples.
(6 points)

4. Distinguish proof from evidence. (4 points)

5. Cite Five (5) exceptions to the hearsay rule and give examples (2 points each) [Total of 10
points]

6. What is the Vallejo standard in relation to the DNA Evidence Rule? Is this standard
applicable in all instances wherein DNA evidence is presented? (5 points)
7. Mario and Wally are both employed as security guards of a factory. One night, they
agreed to drink while on duty. After they consumed five (5) bottles each of Red Horse 500
ml. beer, they became intoxicated. Later, they were already in a heated altercation until such
time that a gunshot was heard. Mario had a fatal shot on his chest. Wally sped off from the
crime scene.

Fortunately, a passer-by saw Mario, who was then alone bathed in his own blood, and
brought him to the nearest hospital. While at the emergency room, Mario’s daughter arrived
and asked her father who did it to him. As Mario could hardly speak, his daughter gave him a
pen and paper for him to write the name of the culprit. Mario was able to scribble the name
of Wally on it. As he was then so weak, he was unable to sign the paper. However, he
managed to affix his thumbmark using the blood from his clothes.

Two (2) days later, Mario died.

A case for murder was filed against Wally. During the presentation of the prosecution’s
evidence, Mario’s daughter was called on to testify. Can her testimony qualify as a dying
declaration or part of res gestae? Justify your answer. (6 points).

8. The accused was charged with Estafa. During the presentation of the defense’s evidence,
she presented evidence of her good moral character to prove that she has no deceitful
intent. [This item has 2 subquestions]

(a) Can the court consider such evidence? (3 points);

(b) Can the prosecution, on the other hand, prove the bad moral character of the accused? If
your answer is yes, when can you present the same? (3 points).

9. A, B, C, D and E were charged with Arson in conspiracy with one another. While they were
planning on the manner of the execution of the crime, F, the wife of B, was just nearby and
heard the entire plan. F was then called by the prosecution to testify. [This item has 3
subquestions]

(a) Can the testimony of F be admissible against all the accused? Justify your answer (5
points).

(b) Would your answer be the same if the marital disqualification rule be invoked and the
marriage was already dissolved? (5 points)

(c) Give the difference between marital privilege and marital disqualification rule. (4 points)
10. Under the Rules, a witness can testify only to those facts which he or she knows of his or
her personal knowledge; i.e., those which are derived from his or her own perception.

If C tells D that he killed Z, and D testifies on this fact, will the latter’s testimony be hearsay?
Justify your answer. (5 points).

11. What are the prophylactic rules of evidence? Discuss. (5 points).

12. Robi was convicted of the crime of child pornography. Among the evidence presented
against him were photos and messages taken from his Facebook Messenger account. It
would appear that Robi gave the minor access to his own account. In turn, after being
pressured by her mother to give the same access to Robi’s account, she allowed her mother
to secure photos and messages therefrom.

On appeal, the accused asserted that the materials were obtained in violation of his right to
privacy and should have been declared inadmissible as evidence.
If you were to rule on the matter, would you sustain the position of the accused? (4 points).

13. Is a photograph an object or documentary evidence? Explain (3 points)

14. What is the rule on offer of compromise (6 points): [This item has 2 subquestions]

(a) in civil cases; and

(b) in criminal cases.

15. The National Housing Authority (NHA) initiated an expropriation case before the Regional
Trial Court of Manila against M, a landowner. The latter submitted before the court the
appraised value provided by an independent private appraiser. M’s counsel then moved that
the court take judicial notice of the fair market value in the area, i.e., Php 50,000 per square
meter. [This item has 2 subquestions]

(a) Can the fair market value of a real property be taken judicial notice of by the court on the
ground that it is capable of unquestionable demonstration? (4 points)

(b) If your answer is yes, can you classify it as discretionary in nature? (2 points)