100 QUESTION AND ANSWER

EVIDENCE

1. Evidence which will be admitted although normally inadmissible because similar inadmissible
evidence has been introduced by the other party.

A. Opinion Evidence
B. Conditional Admissibility of Evidence
C. Curative Admissibility of Evidence
D. Multiple Admissibility of Evidence

2. Evidence that is not excluded by the rules, statute or the Constitution.

A. Competent evidence
B.  Relevant evidence
C. Material evidence
D. Testimonial evidence
E. Object or real or autoptic evidence

3. Evidence that will be admitted although seemingly not admissible provided that its relevancy
would be shown in a later stage of the trial.
A. Opinion Evidence
B. Multiple Admissibility of Evidence
C. Conditional Admissibility of Evidence
D.  Curative Admissibility of Evidence

4. - that which standing alone, unexplained or uncontradicted, is sufficient to maintain the

proposition affirmed.
A. Primary evidence
B. Negative evidence
C. Positive evidence
D. Prima Facie Evidence
E.  Secondary evidence or Substitutionary Evidence

5.  is the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.
A. Burden of Proof
B.  SUBSTANTIAL EVIDENCE
C. Presumption of Law
D. PREPONDERANCE OF EVIDENCE

6. is evidence more than preponderance of evidence but less than proof beyond reasonable doubt. It
is the quantum required to prove insanity, paternity or filiation, self defense among others.
A. PREPONDERANCE OF EVIDENCE
 B. Presumption of Fact
C. SUBSTANTIAL EVIDENCE
D. CLEAR AND CONVINCING EVIDENCE
E.  Presumption of Law
F. Burden of Proof

7. Evidence that will contradict the other party’s evidence.

A. Self serving evidence
B. Rebuttal evidence
C.  Opinion Evidence
D. Inculpatory evidence

8. Is known as presumption presumtiones juris. They are the conclusive (juris et de jure) and
disputable presumptions (presumption juris tantum).
A. Presumption of Fact
B. Burden of Proof
C. Presumption of Law
D.  SUBSTANTIAL EVIDENCE
E. CLEAR AND CONVINCING EVIDENCE
F. PREPONDERANCE OF EVIDENCE

9. that which proves the fact in dispute without the aid of any inference or presumption.
A. Cumulative evidence
B. Direct evidence
C.  Expert evidence
D. Corroborative evidence
E. Circumstantial evidence

10. document or information received, recorded, transmitted, stored, processed or produced

electronically
A. Exculpatory evidence
B. Evidence Aliunde or Extraneous evidence
C. Documentary evidence
D.  Electronic evidence
E. Forgotten evidence

11. - that which is directly addressed to the senses of the court and consists of tangible things
exhibited in court.
A. Competent evidence
B. Material evidence
C. Object or real or autoptic evidence
D.  Testimonial evidence
E. Relevant evidence
15. when a witness affirms that a fact did or did not occur.
A. Primary evidence
B. Positive evidence
C. Secondary evidence or Substitutionary Evidence
D. Prima Facie Evidence
E. Negative evidence
16. - additional evidence of a different character to the same point.
A. Corroborative evidence
B. Expert evidence
C. Circumstantial evidence
D. Cumulative evidence
E. Direct evidence

17. evidence having any value in reason as tending to prove any matter provable in an action.
A. Object or real or autoptic evidence
B. Competent evidence
C. Relevant evidence
D. Testimonial evidence
E. Material evidence

18. are evidence which has the tendency to implicate or incriminate a person.
A. Inculpatory evidence
B. Self serving evidence
C. Rebuttal evidence
D. Opinion Evidence

19. - it means that the testimony adduced by one side is more credible and conclusive than that of the
other, or the evidence as a whole, adduced by one side is superior to the other. It is not meant the mere
numerical array of witnesses, but it means the weight, credit and value of the aggregate evidence on either
side.

 _______means evidence which is of greater weight or more convincing than the other.
A. Burden of Proof
B. Presumption of Law
C. SUBSTANTIAL EVIDENCE
D. PREPONDERANCE OF EVIDENCE

20. is the evidentiary fact or the fact by which the factum probans is to be established.
A. EVIDENCE
B. PROOF
C. FACTUM PROBANS
D. FACTUM PROBANDUM

21. the result or the effect of evidence.

A. LAW
B. PROOF
C. RIGHTS
D. EVIDENCE

22. is known as presumtiones hominis

A. Burden of Proof
B. Presumption of Law
 C. SUBSTANTIAL EVIDENCE
D. PREPONDERANCE OF EVIDENCE
E. Presumption of Fact

23. evidence of the same kind and to the same state of facts

A. Cumulative evidence
B. Expert evidence
C. Circumstantial evidence
D. Corroborative evidence
E. Direct evidence

24. one made by the party to favor his own interest. It is one made by a party out of court.

A. Rebuttal evidence
B. Inculpatory evidence
C. Opinion Evidence
D. Self serving evidence

25. evidence from outside or another source

A. Exculpatory evidence
B. Forgotten evidence
C. Documentary evidence
D. Evidence Aliunde or Extraneous evidence 
E. Electronic evidence

26. evidence directed to prove a fact in issue as determined by the rules of substantive law and pleading

A. Relevant evidence
B. Material evidence
C. Competent evidence
D. Testimonial evidence
E. Object or real or autoptic evidence

27. it consists of writings or any material containing letters, words, numbers, figures, symbols or other
modes of written expressions offered as proof of their contents.

A. Electronic evidence
B. Evidence Aliunde or Extraneous evidence
C. Documentary evidence
D. Forgotten evidence
E. Exculpatory evidence

28. the ultimate fact or the fact sought to be established. It is the fact to be proved

A. FACTUM PROBANS
B. EVIDENCE
C. PROOF
D. FAUM PROBANDUMCT
29. that which is submitted to the court through the testimony or deposition of a witness. It is that which
directly comes out of the witness’s mouth, oral or written, such as depositions and affidavits.

A. Testimonial evidence
B. Material evidence
C. Competent evidence
D. Relevant evidence
E. Object or real or autoptic evidence

30. such relevant evidence as a reasonable mind might accept as adequate to support a conclusion

A. CLEAR AND CONVINCING EVIDENCE

B. Presumption of Law
C. PREPONDERANCE OF EVIDENCE
D. SUBSTANTIAL EVIDENCE
E. Burden of Proof

31. that which the law regards as affording the greatest certainty of the fact in question.
A. Primary evidence 
B. Negative evidence
C. Positive evidence
D. Prima Facie Evidence
E. Secondary evidence or Substitutionary Evidence

32. the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
A. LAW
B. RIGHTS
C. EVIDENCE
D. PROOF
33. when the evidence not admissible for one purpose but admissible for two or more purposes
A. Curative Admissibility of Evidence
B. Multiple Admissibility of Evidence
C. Conditional Admissibility of Evidence
D. Opinion Evidence

34. it is the duty of a party to present evidence on the facts in issue necessary to establish his claim or
defense.

A. SUBSTANTIAL EVIDENCE
B. Presumption of Law
C. Burden of Proof
D. PREPONDERANCE OF EVIDENCE

35. evidence given by an ordinary person regarding of what he thinks

A. Opinion Evidence
B. Rebuttal evidence
C. Inculpatory evidence
 D. Self serving evidence

36. evidence that will contradict the other party’s evidence.

A. Self serving evidence
B. Rebuttal evidence
C. Opinion Evidence
D. Inculpatory evidence

37. evidence which was not presented in court because of oversight or forgetfulness of a party or counsel
A. Exculpatory evidence
B. Documentary evidence
C. Evidence Aliunde or Extraneous evidence
D. Forgotten evidence
E. Electronic evidence

38. when a witness states he did not see or know of the occurrence of a fact.
A. Prima Facie Evidence
B. Negative evidence 
C. Secondary evidence or Substitutionary Evidence
D. Positive evidence
E. Primary evidence

39. that which is inferior to the primary evidence and is permitted only when the best evidence is not
available.

A. Prima Facie Evidence

B. Negative evidence
C. Positive evidence
D. Primary evidence
E. Secondary evidence or Substitutionary Evidence

40. - the testimony of one possessing in regard to a particular subject or department of human activity,
knowledge not usually acquired by other persons.
A. Direct evidence
B. Circumstantial evidence
C. Corroborative evidence
D. Expert evidence
E. Cumulative evidence

41. - that evidence which will excuse a person from an alleged fault or crime.
A. Exculpatory evidence
B. Electronic evidence
C. Documentary evidence
D. Evidence Aliunde or Extraneous evidence
E. Forgotten evidence

42. the proof of fact or facts from which, taken either singly or collectively, the existence of the particular
fact in dispute may be inferred as a necessary or provable consequence.
A. Circumstantial evidence
B. Cumulative evidence
C. Corroborative evidence
 D. Expert evidence
E. Direct evidence

43. inference which the law makes so preemptory that will not allow them to be overturned by any
contrary proof.

A. Presumption
B. Disputable presumption
C. Conclusion
D. Conclusive presumption

44. Logical necessity which rest upon a party at any particular time during the trial to create a prima facie
case in his own favor or to overthrow one created against him.

A. Res gestae
B. Burden of evidence
C. Burden of proof
D. Estoppel

45. it is a bar which precludes a person from denying or asserting anything to the contrary of established
truth.

A. Res gestae
B. Estoppel
C. Burden of proof
D. Burden of evidence

46. these questions suggest to the witness the answer to which an examining party requires.

A. Leading
B. Misleading
C. Estoppel
D. Res gestae

47. A written act or record of acts of a sovereign authority of private writing acknowledge before a notary
public.
A. Public document
B. Official Document
C. Private Document
D. Official records
48. Which among the following may disqualify a witness?
A. Capacity of observation
B. Capacity of recollection
C. Capacity of Knowledge
D. Capacity of communication.

49. What would ascertain an alibi and denial in hearing

A. Testimony
B. Evidence
C. Proof
D. Positive identification
50. Prescribe that governing rules of evidence
A. Revised penal code
B. Constitution
C. Rules on criminal procedure
D. Rules of court

51. Factum probans means

A. Evidentiary fact
B. Ultimate fact
C. Weigh of evidence
D. Preponderance of evidence

52. Evidence which has some relation to what sought to be proved.

A. Relevant
B. Material
C. Competent
D. Admissible

53. It affect an issue in an important or substantial matter

A. Relevant
B. Material
C. Competent
D. Direct

54. Those evidence which are admissible in court are held to be

A. Relevant
B. Material
C. Competent
D. Direct

55. Refers to an evidence of the same kind adduced to prove the same fact
A. Real
B. Cumulative
C. Corroborative
D. Circumstantial

56. Additional evidence of a different kind but tending to prove the same fact
A. Real
B. Cumulative
C. Corroborative
D. Circumstantial

57. Oral testimony given in open court.

A. Real evidence
B. Documentary evidence
C. Testimonial evidence
D. Admission evidence

58. An evidence delivered in open court wherein the witness states that he does not know whether a fact
did or did not occur.
 A. Positive
B. Negative
C. Direct
D. Circumstantial

59. Evidence which is sufficient to prove an issue unless overcome or rebutted by other evidence
A. Primary
B. Secondary
C. Prima facie
D. Best

60. Given by a person specialized knowledge in some particular field.

A. Primary
B. Best
C. Secondary
D. Expert

61. That kind of evidence which cannot be rebutted or overcome

A. Primary
B. Best
C. Real
D. Conclusive

62. Legal basis of inadmissibility of evidence obtain thru torture, violence, or intimidation
A. Sec. 2 bill of rights
B. Sec. 3 bill of rights
C. Sec. 12 bill of rights
D. Sec. 17 bill of rights

63. Cognizance of certain facts which judge may properly take as fact because they are already known to
them
A. Cognizance
B. Judicial Admission
C. Judicial Knowledge
D. Judicial Notice

64. One which assume as true a fact not yet testified to buy the witness or contrary to that which has
previously stated
A. Leading
B. Misleading
C. Confusing
D. Res gestae

65. In case of falsification of document what would be the best evidence

A. Authentic document
B. Holographic document
C. Questioned document
D. Genuine document

66. When a writing affirms that a fact did or did not occur, such testimony is said to be
A. Relevant Evidence
 B. Material Evidence
C. Positive Evidence
D. Negative

67. Which among the following may not be a means to impeach judicial record?
A. Want of jurisdiction in the court or judicial officer
B. Conclusion between the parties
C. Fraud in the party offering the record
D. Alteration

68. Which among the following may be used as evidence in a judicial processing?
A. Privilege conversation
B. Dying declaration
C. Filial Privilege
D. Parental Privilege

69. In PD 1612, the possession of stolen good is

A. Evidence against the accuse
B. Means that the accuse is not the owner
C. Means that the accuse is an accessory to the crime
D. Prima Facie evidence of fencing

70. Occurs when the evidence adduced proves that disputed fact
A. Cumulative
B. Corroborative
C. Circumstantial
D. Relevant

71. Evidence of this kind are those which are capable of perception
A. Testimonial
B. Corroborative
C. Real
D. Material

72. A priest may not be able to testify on pertinent matters to the case if said conservation or facts relates
to that told in the confession made by the
A. Penitent
B. Patent
C. Client
D. Secretary

73. Who among the following are automatically disqualified to take the witness stand?
A. Sick Person
B. Children
C. Homosexual and lesbian
D. Insane person

74. Evidence which show the best evidence existed as to the proof of the fact in question
A. Real evidence
B. Best Evidence
C. Secondary Evidence
 D. Res gestae

75. Legal fitness of a witness to be heard on the trial

A. Admissibility
B. Compensation
C. Qualification
D. Eligibility

76. means sanctioned by the rules of court to ascertain the truth respecting a matter of fact
A. Proof
B. Intent
C. Motive
D. Evidence

77. A duplicate receipt signed and carbon copied at the same time is in terms of evidentiary value is
deemed as
A. Duplicate
B. Original
C. Authenticate
D. Genuine

78. Exemption to the hearsay rule made under the consciousness of an impending death
A. Parole evidence
B. Ante mortem statement
C. Deadman statute
D. Mi ultimo adios

79. When are children deemed not competent to qualify as a witness?

A. They understand the obligation of the oath
B. They have not reached the age of discemment
C. They must have sufficient knowledge to receive just impression as to the fact on which testify
D. They can relate to those fact truly to the court at the time they are offered as witness

80. Those made on the record or in connection with the judicial proceeding in which it is offered
A. Judicial admission
B. Admission
C. Confession
D. Extra judicial

81. Those made elsewhere irrespective of time place or to whom make.

A. Judicial admission
B. Admission
C. Confession
D. Extra judicial

82. The totality of evidence presented for the consideration

A. Quantum of proof
B. Quantum of evidence
C. Burden of proof
D. Burden of evidence
83. Refers to degree of proof required in order to arrive attract conclusion
A. Quantum of proof
B. Quantum of evidence
C. Burden of proof
D. Burden of evidence

84. Error in personae is?

A. Mistake in identity
B. Mistake in blew
C. Guilty mind
D. Guilty act

85. actusreos is?

A. Mistake in identity
B. Mistake in blew
C. Guilty mind
D. Guilty act

86. res ipsaloquitor is?

A. Mistake in identity
B. Mistake in blew
C. The thinks speaks for itself
D. At first glans

87. the behavior of a witness on the witness stand during trial to be consider by judge on the issue of
evediality exemplifying purpose
A. Demeanor evidence
B. Character evidence
C. Demonstrative evidence
D. Hearsay

88. Evidence that has tangible and exemplifying purpose

A. Demeanor evidence
B. Character evidence
C. Demonstrative evidence
D. Hearsay

89. A question which calls a single answer to more one question

A. Leading question
B. Misleading question
C. Argumentative question
D. Compound question

90. A question which assumed a disputed fact not stated

A. Leading question
B. Misleading question
C. Argumentative question
D. Speculative

91. You saw Jose killed Juan because you were present when it happened as through
A. Leading question
 B. Misleading question
C. Argumentative question
D. Speculative

92. Do you still be at your wife?

A. Leading question
B. Misleading question
C. Argumentative question
D. Speculative

93. Circumstantial facts and declaration incidental to the main fact means things done
A. Factum probans
B. Factum probandum
C. Res gestae
D. Owes probans

94. A person who gives testimonial evidence in a judiciary tribunal

A. Witness
B. Prosecution
C. Defense
D. Clerk of court

95. In this sort of action, a person merely acknowledges certain facts but thus not admit his guilt
A. Testimony
B. Admission
C. Confession
D. Extra judicial confession

96. When a categorical statement of guilt was made before a competent tribunal we classify it as
A. Confession
B. Admission
C. Judicial confession
D. Extra judicial confession

97. Any evidence either oral or documentary wherein the probative value is not base on personal
knowledge of the witness but that from another
A. Testimonial evidence
B. Dying Evidence
C. Res gestae
D. Hearsay

98. Refers to family history of descent

A. Pedigree
B. Tradition
C. Inheritance
D. Heritage

99. obligation impose upon a party established their alleged fact by proof are termed as “burden of proof”,
what is its latin translation
A. Factum probans
B. Factum probandum
 C. Owe probandi
D. Owes probandi

100. The probative aid given by the court to particular evidence

A. Preponderance of evidence
B. Evidentiary fact
C. Ultimate fact
D. Weight of evidence