Compiled True or False Questions - Evidence 2014
Compiled True or False Questions - Evidence 2014
TRUE FALSE
NAME OF STUDENT
Parawan, Eula
1. Autoptic preference is not allowable merely on the assumption that the condition
of the object is the same or sufficiently similar at the time in issue.
x
Melicor, Joreyna Mae
1. Best evidence rule applies when the contents of the document are the subject of
an inquiry. It is also applicable when the issue is only as to whether or not such
document was actually executed or in the circumstances relevant to its execution.
2. In the case where the original is in the custody of the adverse party, it is
necessary that the adverse party has actual possession of the original and
secondary evidence is not admissible where the adverse party denies having it in
his possession.
1. The parol evidence rule, like other rules on evidence, should be strictly applied
4 in labor cases.
1. The courts of the Philippines shall take judicial notice, without the introduction of
evidence of the laws and public policies of other countries.
2. As a requisite for the application of the rule that when the original consists of
numerous accounts or other documents which cannot be examined in court
without great loss of time and the fact sought to be established in only the general
result of the whole, the original writings need not be produced, the records of
accounts need not be made accessible to the adverse party.
x
x
2. The Regional Trial Court may motu proprio take judicial notice of the street
name of methampethamine hydrochloride or shabu.
7 documentary evidence.
Solatorio, Carol
Belderol, Daphne
Dione (Exec)
Regudo, Marion
x
x
1. Where judicial notice must be taken of a fact, the court is not required to pursue
11
2. Best Evidence rule applies when the purpose of the proof is to establish the
terms of writing including the external or collateral facts about the document such
as existence, execution and delivery.
1. The admissions of a party made in his pleadings and during the hearing in the
CA cannot be used in the present case as they were made in the course of a
different proceeding.
Baron, Ali
2. Jose died leaving behind his children and a wife named Teresita . The heirs
filed a complaint for partition of the estate of their deceased parents. A certain
Hosefina filed a Motion for Intervention claiming she is the legal wife of Jose.
During the hearing of the Motion for Intervention, Teresita admitted several times
she knew of the previous marriage of Jose to Hosefina. Was there need to prove
the existence of the first marriage?
12 1. The original of the document is one the form of which are the subject of inquiry.
2. Objects as evidence are those addressed to the senses of the parties. When an
object is relevant to the fact in issue, it may be exhibited to, examined or viewed by
them.
1. Motive is important only if the culprit's identity is in doubt, not when he is
15
16
Tenedora, Romeo
2. The requisites for admission in evidence of entries in the course of business are
the following:
(1) the person who made the entry is dead, outside the country, or unable to
testify;
(2) the entries were made at or near the time of the transactions to which they
refer;
(3) the person who made the entry was in a position to know the facts stated in the
entries;
(4) the entries were made in a professional capacity or in the performance of a
duty; and
(5) the entries were made in the ordinary or regular course of business or duty.
Geli, Cheska
Mamao, Arief
Bernaldez, Josephus
1. Where the marked peso bills were seized by the police as a result of the search
made on the appellant, the admissibility of these marked peso bills hinges on the
illegality of the arrest and search on the person of the appellant.
2. The Philippine courts are authorized to take judicial notice of the laws of various
states of the American Union. Such laws need not be proven as facts.
17
Gutierrez, Cedric
1.) During trial, the court, on its own initiative only, may announce its intention to
take judicial notice of any matter and allow the parties to b heard thereon.
2.) The admission may be contradicted only by showing that it was made through
palpable mistake or that no such admission was made.
x
x
18 or the rules.
2. A court shall take judicial notice of matters which are of public knowledge, or
capable of unquestionable demonstration, or ought to be known to judges because
of their judicial functions.
1. A written admission made by a party in the course of the proceedings in the
x
Ocat, Mylene M.
x
x
1.) Evidence is not always admissible when it is relevant to the issue and is not
Esmena, Kimberly
2. A party who calls for the production of a document must offer it as evidence,
otherwise, the same will not be admitted.
20 1. The rules of evidence in criminal and civil cases are the same.
Idao, Irene
Maico, Noelle
1. The best evidence to identify a piece of land for registration purposes is the
original tracing cloth plan from the Bureau of Lands.
22
24
1. When the contract between the parties is reduced to writing, the trial court
should not admit oral evidence over the objection of the defendant at all times.
2. When through the ignorance, lack of skill, negligence or bad faith on the part of
the person drafting the instrument or of the clerk or typist, the instrument does not
express the true intention of the parties, the courts may order that the instrument
be reformed motu proprio.
1. A party who calls for the production of a document and inspects the same is
2. As a general rule, the so-called "parol evidence" forbids any addition to or
contradiction of the terms of a written instrument purporting to show that, at or
before the signing of the document, other or different terms were orally agreed
upon by the parties.
1. If the document is in the custody or under the control of adverse party, he must
have reasonable notice to produce it. if after such notice and after satisfactory
proof of its existence, he fails to produce the document, secondary evidence may
be presented.
2. if the document is with a Third Party and there is NO fact of privity between the
Third Party and the Adverse Party, "it is the obligation of the Adverse Party to
produce the document".
Hubahib, Michael
Francis
26
Imperial, Christine
Macatangay, Maria
Theresa
27
1. When secondary evidence has been introduced on failure to comply with the
notice then the adverse party produced the original the secondary evidence is
rendered as erroneous.
28 instrument.
2. When the original document is a public record, its contents may be proved by a
certified copy issued by the public officer in custody thereof, and it Is necessary
that the certification employs the word certificate or certify.
29 by parol evidence.
30
1. A party is not allowed to present evidence to modify, explain or add to the terms
of the written agreement if he puts in issue in his pleading an intrinsic ambiguity,
mistake or imperfection in the written agreement.
Cacho, Klenzene
2. In parol evidence, the general rule is that no evidence of the terms of the written
agreement shall be allowed except the written agreement itself.
33
2.)Judicial notice is the cognizance of certain facts which judges may properly take
and act on with "proof" because they do "not" know them.
x
Guerrero, Riza MAe
x
x
35
2. When the terms of an agreement have been intended in a different sense by the
different parties to it, that sense is to prevail against either party in which he
supposed the other understood it, and when different constructions of a provision
are otherwise equally proper, that is to be taken which is not the most favorable to
the party in whose favor the provision was made.
36
37
Tayao, Irish
2. A court may take judicial notice of the Twitter account of President Aquino.
38
x
Jordan, Rebecca
1.) Best evidence rule consist of writings or any material containing letter, wprds,
numbers, figures, symbols or other modes of written expressions offered as proof
of their contents.
2.) Parol evidence rule is when the subject of inquiry is the contents of a
document, and no evidence shall be admissible other than the original document
itself.
1. In order for Parol Evidence Rule to apply, mistake in the written agreement must
39 be a mistake of fact.
x
x
41
2. In a case where the testimonies of the prosecution witnesses that the victims
died because of stab wounds inflicted by the armed men who entered their
residence remain uncontroverted, their death certificates are cumulative evidence
of the testimonies of the prosecution witnesses.
43 admissible?
2. Is relevancy of an evidence alone sufficient to make it admissible?
YRAY, Rhea
44
TEJANO
2. When the subject of an inquiry is the violation of a contract, Best Evidence Rule
applies.
2. The original of a document is one the contents of which are the subject of
inquiry.
Sanjorjo, Michelle
(exec)
RAMY D. ARMENION
(exec)
2. If the document is in the custody or under the control of adverse party, he must
have reasonable time to produce it. If after such time and after satisfactory proof of
its existence, he fails to produce the document, secondary evidence may be
presented as in the case of its loss.
45
46
2. The trial court imposed the death penalty on the accused, by reason of the
aggravating circumstances of evident premeditation, nocturnity, and dwelling,
without any mitigating circumstances to offset them. However, the defense
contends that the conduct of the accused in going with his family to the
deceaseds house, helping in the preparations for the burial, is incompatible with
his being a criminal. It is, indeed, an old belief that the fear of the suspected party
to touch the corpse was a sign of guilt. The trial court was therefore mistaken in
finding the accused guilty of the crime of murder, qualified by treachery, and in
considering that in the commission of the crime, the accused employed ways,
means, and forms that tended directly and especially to assure it, without risk to
his person from any defense the assaulted party might make.
1. The courts of the Philippines shall take judicial notice, without the introduction of
evidence of the laws and public policies of other countries.
2. As a requisite for the application of the rule that when the original consists of
numerous accounts or other documents which cannot be examined in court
without great loss of time and the fact sought to be established in only the general
result of the whole, the original writings need not be produced, the records of
accounts need not be made accessible to the adverse party.
1. A party who calls for the production of a document and inspects the same is
48
NINA GRACE G.
ARAAS (exec)
LILJOY C. UDTOHAN
(exec)
2. The rule that evidence is inadmissible for having been obtained and confiscated
on the occasion of an unreasonable search and seizure is absolute.
49
2. Parole Evidence Rule is not applicable where the validity of the document is the
very fact in dispute.
2. The original of the document is one the contents of which are the subject of
inquest.
50
53
1. The relation between the evidentiary fact and a particular proposition is always
the same, without regard to the kind of litigation in which that proposition becomes
material to be proved.
2.The rules of evidence are strictly applied in proceedings before the Labor Arbiter
and the National Labor Relations Commission.
54
55
1. The non-application of the best evidence rule is justified when the original has
been lost or destroyed, or cannot be produced in court, with bad faith on the part
of the offeror.
2. A court may take judicial notice of matters which are of general knowledge, or
are incapable of unquestionable demonstration, or ought to be known to judges
because of their judicial functions.
1. When the original document has been lost or destroyed or cannot be produced
in court, the offeror without proof of its execution or existence and the cause of its
unavailability even with bad faith on his part, may prove its contents by a copy, or
by a recital of its contents in some original document or by the testimony of
adverse witnesses in the order stated.
Noneluz I. Hamlig
(exec)
56
1. After the trial, and before judgment or on appeal, the court, on its own initiative
or on request of a party, may take judicial notice of any matter and allow the
parties to be heard thereon if such matter is decisive of a material issue in the
case.
2. An admission, verbal or written, made by the party in the course of the
proceedings in the same case, does not require proof. The admission may be
contradicted by showing that it was made through palpable mistake or that no
such admission was made.
Leomar D. Ladonga
(exec)
1. Under a parole evidence rule, a party may present evidence to modify, explain
or add to the terms of the written agreement if he puts in issue in his pleading an
extrinsic ambiguity, mistake or imperfection in the written agreement.
57
2. The parole evidence rule, like other rules on evidence, should not be strictly
applied in labor cases.
58
60
1. The fact that the complaint duly signed by the offended party and filed with the
justice of the peace of court was not introduced in evidence, nor was the
complainant's signature thereon identified by her at the trial in the Court of First
instance, deprives the trial court of its jurisdiction, because the court does not take
judicial notice of such complaint; it does not form part of the record of the case.
2. The appellant contends that even assuming that he was mentally fit at the time
of the killing, he should not have been convicted of the crime of parricide because
his marriage to Natividad was not proved in accordance with the best evidence
rule, instead only oral evidence was presented to show marriage. This should be
rejected for lack of timely objection.
59
1. During the trial, the court, on its own initiative, or on request of a party, may
announce its intention to take judicial notice of a specific matter and allow the
parties to be heard thereon.
2. Evidence must have such a relation to the fact in issue as to induce belief in its
existence or non-existence. Evidence on collateral matters shall be allowed when
it tends in any reasonable degree to establish the probability or improbability of the
fact in issue.
1. A signed carbon copy or duplicate of a document executed at the same time as
the original may be introduced in evidence without accounting for the nonproduction of the original.
Cataquis, Jasmine
Rawen S.
Arenajo, Christian
(exec)
62
63
64
Parilla, Dave
1. Original document must be produced, except, when the original has been lost or
destroyed, or cannot be produced in court, with bad faith on the part of the offeror.
1. A court may take judicial notice of matters which are of public knowledge, or are
capable to unquestionable demonstration, or ought to be known to judges because
of their judicial functions.
2. The admission may only be contradicted by showing that it was made through
palpable.
x
x
Trias, Parker
x
x
66
x
x
2. After the trial and before judgment or on appeal, the court may take judicial
notice of any matters as long as the parties have given opportunity to be heard.
70
Eisone Brix R.
Manuales
2. When the original document is in the custody or control of the adverse party,
notice to him is not required to produce it.
2. The mere personal knowledge of the judge is not the judicial knowledge of the
court.
Ygana, Ghel
Sual, Jecar
2. A party who deny the genuiness of a proferred instrument may not object that
that it was not properly identified before it was admitted in evidence.
Repaso, Jurdelyn
(exec)
1. Appellant contends that assuming he was mentally fit at the time of the killing,
he should not have been convicted of the crime of parricide because his marriage
to Natividad was not proved in accordance with the best evidence rule. Oral
evidence was presented to prove the fact of marriage and was not objected. The
court on its own motion disregarded the evidence because it should have been
excluded had it been objected to.
Monteron, Karen
68
Cesely, Hope
72
Rojas, Keisha
73
1. After the trial, and before judgment or on appeal, the proper court, motu proprio
take judicial notice of any matter and allow the parties to be heard thereon if such
matter is decisive of material issue in the case.
2. When the subject of inquiry is the content of a document, then no evidence shall
be admissible other than the original document itself, except of the four (4) cases
provided under sec. 3 of Rule 130.
x
x
LEGAL BASIS
Sec 1, Rule 130
Francisco, discussion
Francisco, discussion
Compania Maritima vs
Allied Free Workers
Union 77 SCRA 24
(1977)
Republic vs Court of
Appeals, G.R. No. L62680, September 9,
1988
Vallarta vs Court of
Appeals, 163 SCRA
587
Section 9, Rule 130
Section 5, Rule 130
Francisco, p 169
Soriano vs Compania
General de Tabacos
de Filipinas
Sec 3, R130
Sec. 10, Rule 130
RULE 130 4.
Interpretation Of
Documents. Section
12. Interpretation
according to intention;
general and particular
provisions
RULE 130. 4.
Interpretation Of
Documents. Section
17. Of Two
constructions, which
preferred.
Miguel V. Catalino, 20
SCRA 234
People vs. Watson
(1965)
RULE 130. 2.
Secondary
Evidence.Section 6.
When original
document is in
adverse party's
custody or control.
PEOPLE vs. DE LA
PEA G.R. No. L8474 September 30,
1955
Compania Maritima vs
Allied Free Workers
Union
Cirtek Employees
Labor UnionFederation of Free
Workers vs. Cirtek
Electronics, Inc., G.R.
No. 190515. June 6,
2011, citing Interphil
Laboratories
Employees UnionFFW v. Interphil
Laboratories, Inc.
Heirs of Policronio
Ureta, Sr. vs. Heirs of
Liberato Ureta, G.R.
No. 165748,
September 14, 2011
Rule 128,Sec. 2
People v. Medina
People v. Cruz