1) Rose, 13 years old, and Ronald, 14 years old, are siblings. They both disappeared during the typhoon.

It was not shown who, between the two, died first. Much so, there are no particular circumstances from which it can be inferred. Who is deemed to have survived? a. Rose b. Ronald c. Both d. None 2) In 2006, Majen and Joseph got married. In October 2008, Majensought to annul her marriage with Joseph. Their marriage was formally terminated by the court in September 2009. In January 2010,Majenand Alvin got married.In June 2010, Majen gave birth and the child was named Junior. What is the presumption with respect to Junior s filiation? a. Since Junior was born before one hundred eighty days after the marriage of Majen and Alvin, Junior is considered to have been conceived during the first marriage. c. Junior was conceived during the second marriage becauseMajen and Alvin were already married at the time he was born. d. Since Junior was born after one hundred eighty days following the celebration of the marriage of Majen and Alvin, Junior is considered to have been conceived during the second marriage. e. Junior was conceived during the first marriage because he was born within the 300 days after the termination of the former marriage. 3) What is a corroborative evidence? a. It is a kind of evidence which is incontrovertible. The law does not permit it to be contradicted. b. It may also refer to cumulative evidence. c. It is an additional evidence of a different character tending to prove the same point. d. It is an additional evidence of the same character as that already given which tends to prove the same point. 4) Which of the following statements is correct? a. Rule 132 absolutely prohibits leading questions. b. The consent of the witness must first be obtained so that he can be re-called. c. A party is bound by the testimony of his own witness and hencea party cannot impeach his own witness d. Leading questions are allowed if the witness is unable to speak or understand the English language.

5) What is an ancient document? a. Refers to a private document which is more than 50 years old, produced from a custody in which it would naturally be found genuine, and is unblemished by alteration or circumstances of suspicion. b. Refers to a public or private document which is more than 30 years old, produced from a custody in which it would naturally be found genuine, and is unblemished by alteration or circumstances of suspicion. c. Refers to a document, public or private, which is more than 100 years old, produced from a custody in which it would naturally be found genuine, and is unblemished by alteration or circumstances of suspicion. d. Refers to a private document which is more than 30 years old, produced from a custody in which it would naturally be found genuine, and is unblemished by alteration or circumstances of suspicion. 6) Is the admission by an accused of killing the victim before a barangay captain ADMISSIBLE? a. No. It was made without the assistance of a counsel. b. No. The constitutional requirements on custodial investigation were not complied with. c. Yes. The barangay captain, as a government official, has the authority to investigate. Whatever statements he has obtained by reason of his position can be usedas evidence against the confessant. d. Yes. The admission, even if done without the assistance of counsel, by an accused of killing the victim before a barangay captain, who is neither an investigating officer nor a law enforcement agent, is admissible. 7) It refers to the weight of evidence which is of greater weight or more convincing than that which is offered in opposition to it. a. Proof beyond reasonable doubt b. Substantial evidence c. Preponderance of evidence d. Clear and convincing evidence 8) Which of the following is NOTa public document? a. A document executed by a private individual which is authenticated by a notary public. b. Last will and testament acknowledged before a notary public. c. A pleading filed in a case and in the custody of the clerk of court. d. A private document required by law to be entered in public records.

9) Which of the following is NOT correct: a. A person authorized to practice medicine cannot in civil and criminal cases, without the consent of the patient, be examined as to any information which he may have acquired while professionally attending the patient. b. A minister cannot, without the consent of the person making confession, be examined as to any confession made to him in his professional character in the course of the discipline enjoined by the church to which the minister belongs. c. A public officer cannot be examined during his term of office as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. d. An attorney s stenographer cannot, without the consent of the client and his employer, be examined any fact the knowledge of which has been acquired in such capacity. 10) Who has the burden of proof in a CIVIL case? a. Plaintiff only b. Defendant only c. Plaintiff and defendant d. Judge 11) May a third person testify as to a privileged communication from one spouse to another which came into the hands of such third party? a. No if such privileged communication came into the hands of a third illegally. b. Yes provided such third person is an agent of either of the spouses. c. Yes provided that there is no collusion and voluntary disclosure on the part of either of the spouses. d. Yes provided that there is voluntary disclosure on the part of either of the spouses. 12) Which of the following is NOT subject to mandatory judicial notice? a. Symbols of nationality such as flag and great seal of a nation. b. Matters relating to the executive department such as the powers and duties of the President. c. Laws of nature such as variation of climate and meteorological conditions in particular places at a particular time. d. None of the above. All are subject to mandatory judicial notice. 13) In order that a party can present evidence to modify, explain or add to the terms of the written agreement , the following must be alleged in a pleading EXCEPT a. An extrinsic ambiguity in the written agreement. b. The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.

c. The validity of the written agreement. d. The failure of the written agreement to express the true intent and agreement of the parties thereto. 14) Which of the following is NOT an exception to the best evidence rule? a. When the original document fails to express the true agreement of the parties. b. When the original is a public record in the custody of a public officer or is recorded in a public office. c. When the original has been lost or destroyed. d. When the original is under the control of the party against whom the evidence is offered and the latter fails to produce it after reasonable notice. 15) The admission of a dying declaration written by a third person and signed by the declarant was objected to on the ground that it was NOT in the exact language used by the declarant. It appears however that it was in substantially the language used by the decedent. That after it was reduced to writing and read to the decedent, he approved and signed it. Should the objection be sustained? a. Yes, the written declaration was not made by the decedent himself. It was written by a third person. Dying declaration must only be made orally; it cannot be made in writing. b. Yes, the written declaration was not in the exact language used by the declarant. c. No, the written declaration was in substantially the language used by the decedent. Further, it was read, approved and signed by the declarant. d. No, provided that such third person was given by the declarant a written authorization to take his declaration.