8/12/2019 Evidence - True or False
1/3
TRUE/FALSE or YES/NO PAST QUESTIONS
1 TRUE Coffin plates are part of family reputationExample: Here
lies a honest and a lawyer. Comment: Thats strange.
YES Coffin plates part of family relation
2 TRUE Lithography is an original document
TRUE Lithography made, each copy an original?
3 TRUE Text message is part of electronic evidence.
YES Tape recording can be considered documentary evidence (p.
54, Q4 of Francisco book)4 TRUE Video recordings are part of
electronic evidence.
5 FALSE An amended pleading supersedes the original pleading
which forms part of the record.
NO Amended pleading form part of judicial admission.
6 FALSE Admissions at pre-trial must be assisted by counsel and
prosecutor.
NO Pre-trialaccused-prosecute
7 FALSE AA, witness against RR. RR marries AA. The testimonies
of AA are admissible in evidence.
NO Miss Universe, one deaf before trial, accused married
witness, not disqualified to testify
8 TRUE Negative words=mandatory; Positive words=permissive.
TRUE Under statutory construction, negative words-mandatory,
positive words-directory
9 TRUE Affidavits are hearsay
YES Affidavit part of hearsay evidence
10 FALSE To constitute privilege communication of lawyers, the
ff. requisites must be present: a)lawyer andclient relationship;
b)communication by lawyer to cl ient or vice-versa; c)communication
made inconfidence.
NO Atty-client requisites in relationship----communication,
advice confidential.
11 FALSE Factum probans is the fact in issue or the ultimate
facts to be proved.
12 TRUE Substantial evidence is a degree lower than
preponderance evidence.
13 FALSE Corroborative evidence is an additional evidence of the
same kind bearing the sa me point.
FALSE Additional evidence, different kind, cumulative?
Corroborative (answer)
NO Additional kindcumulativesame kind
Different kindcorroborative
14 FALSE Unliquidated dama ges are implied admissions. 15 FALSE
Blotter in the police station must be presented to court under the
best evidence rule.
FALSE In order to establish the details entered in the police
blotter, it is necessary to produce the blotter to
the court under the BER.
16 FALSE Parol evidence is between the parties and
3rdparties
TRUE Parol evidence rule is not applicable when controversy is
between party and third person.
17FALSE Positive evidence counteracts or disproves a fact which
did or did not occur. Answer: Negative
Evidence.
FALSE Positive evidence which is given to repeal, encounter,
disprove facts given in evidence in either side.
Answer: Rebuttal Evidence.
18 TRUE Preponderance of evidence means greater weight than the
other or opposition.
TRUE Preponderance Evidence is..more convincing
19TRUE Real evidence must have such relation to the fact in
issue as to induce belief in its existence or non-
existence of fact. Answer: Collateral Matters.
20TRUE Admissions maybe contradicted only by showing that it was
made through palpable mistake or that
no such admission was made (Re: Judicial Admission).
NO Failure to answer in a civil case tantamount to judicial
admission (p. 34, Q7 of Francisco and Rule 129,
Sec. 4)
21TRUE The incompetency to testify applies whether the deceased
died before or after the commencement
of the action against him.
22 TRUE Recording converted into CD is admissible under
electronic evidence.
23 FALSE Compulsory blood test is a violation of
self-incrimination.
24 FALSE The counsel of the accused admitted the latter as
insane. Placed him under surveillance withoutknowledge of the
counsel. The findings of the doctor are admissible in evidence.
26 FALSE Dying declaration is a confidential or privilege
communication.
NO Res gestae between husband and wife.
FALSE Statement of a dying wife to her husband is not admissible
as evidence under dying declaration.
27 FALSE Proof of execution ang question (Kinsaymaka prove)
NO Parol evidence not allowed to prove inducement an
execution.
28 FALSE Best evidence rule is the best evidence.
29 FALSE Morphin forced out of suspects mouth is a violation of
self-incrimination.
30 TRUE Persons negligently destroyed the original is not
precluded to present secondary evidence.
8/12/2019 Evidence - True or False
2/3
31 YES Resemblance between father and minor, admissible.
32YES Accused testify subject doer compelled to signature [maybe
compelled to write in open court] (p.
49, Q21 of Francisco)
33 NO Original writing be dispensed with..falsificat ion
previous conviction
34 YES Adverse party custody may be either
plaintiff/defendant
35 YES Dr. --------patient
36 NO Parol evidence
37 NO Complaint, original amended
38 NO Specifically denied39 NO ________not__________ to sa ythe
general rules
40 TRUE Proponent allowed to present secondaryaccused.
41 TRUE Verbal collection of witness admissible under the BER.42
Whether prosecution must prove that the affidavit of accused made
with assistance of counsel.
43
TRUE Implied admission by silence is applicable in criminal and
civil cases but not in court proceedings
(2007 bar question). Reason: There is no admission by silence in
court proceedings because
constitutional right to remain silent.
44 FALSE Question: Are you a homosexual? Is it allowed? Not
allowed in cross-examination for it is insulting.
45 TRUE No pres umption of legitimacy of child born after 300
days before dissolution of marriage (codalprovision).
Tips Given:
1. B was charged with murder. Is proof of bad moral character of
the victim necessary? Why? Are there anyexceptions? Refer to Albano
reviewer.
2. Credit cardPhotocopies of sales invoice presented by card co.
User of the credit card could no longer recall if he has
outstanding obligation.
Supreme Court ruled that card co. must submit original.
Refer to case: Citibank vs. Teodoro
Rule 130, Sec. 3
3. Multiple Choice Question: 1998 Bar Problem (past
exam)Annulment case. Husband can testify against the wife for such
case is an exception under marital disqualificationrule. Child
cannot be compelled to testify against his or her mother because of
filiation. The doctor may testify
as long as such testimony would not blacken the reputation of
the patient in question.
4. Parol evidence rule: A and B entered into a deed of Pacto de
Retro sale. A asked for an extension of 2 days fromthe deadline to
exercise right of redemption. B agreed.
Allowed. Yes . Subsequent agreement sa exception.
5. Multiple Choice Question: Legal separation case. Wife was
given a subpoena to testify as a witness. Wiferefused for it is a
violation of her right against self-incrimination. Court cited her
for contempt. Is the contempt
proper? Yes. Letter of choice: B (Past Question, 2011)
6. Survivor Disqualification Rule:A hired B as a carpenter to
repair his house. The agreed price for the construction is P50,000.
A initially paid
P20,000. A still has P30,000 to pay. However, before he could
pay at the end of the construction, A died due to
Sendong. B filed an action to claim the remaining balance before
As administrator known as C. Can B be barred
from testifying on the debt?
Suggested Answer: Yes, the requisites on the rule on Dead Mans
Statute are present. Incompetency to testify
applies whether the deceased died before or after the
commencement of the action against him if at the time of
the testimony was given he was a lready and cannot disprove
it.
7. What do you mean by demurrer to evidence?8. Multiple choice
question: Facsimile is not part of electronic evidence.9. Multiple
choice question: Metrobank was robbed by A, B, and C. The banks
manager was hit by A, one of the
robbers. 3 minutes after the incident, captain arrived to the
scene. Manager told him what happened. Manager
refused to testify on court on what had hWappened for fear of
his life. Instead, the captain testified on what had
happened.
Suggested Answer: Captains testimony is valid.Letter of Choice:
A. Captains statement is part of res gestae .
10.Multiple Choice Question:Offer of compromise in rape-if
declined: It is an implied admission of ones guilt.
-if the mother made the offer of compromise: It cannot be used
against the accused. The accused himself must
have made such offer to be considered as an implied admission of
ones guilt.
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