Rule 128 QUIZ

Choose the best answer as given by our existing statutes, rules, and case law.

What is evidence?

• a. science of proof or the fundamental, natural principle which regulate the art of proving

• b. art of proof or the rules and methods employed in the application of that science to practice

• c. More than one, but not all of the choices.

• d. means of ascertaining the truth respecting a matter of fact

• e. All of the choices

Quasi-judicial bodies are given the authority to make rules for both procedure and the quanta of evidence so required.

• True

• False

Findings of credibility of the trial court will not be accepted on appeal; even findings of facts of the Court of Appeals, when supported by substantial evidence, are not conclusive and binding upon the parties and not reviewable by the Supreme Court.

• False

• True

• It depends.

As an absolute rule, evidence on collateral matter is not allowed because it does not have a direct relevance to the issue of the case. This rule however, is NOT an absolute rule

• False

• True

Which of the following statements is true?

• a. Evidence is only that evidence as may be sanctioned by the Rules of Court.

• b. A contract between two parties agreeing on which documents are admissible in court and which are not may be binding on the court.

• c. A waiver on the privilege against disclosure of state secrets is valid.

• d. None of the choices

• e. More than one, but not all of the choices.

Evidence is admissible when it is relevant to the issue and is not excluded by the law, or Rules.

• True

• False

Requisites for admissibility of evidence are:

a. Evidence is relevant; and

b. Evidence is complete.

• True

• False

Sec. 4, Rule 1 of the ROC lays down the exceptions to the Uniformity Rule of Sec. 2, Rule 128.

• False

• True

Choose the best answer as given by our existing statutes, rules, and case law.

Which of the following statements is true?

• a. Prima facie evidence denotes evidence which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports.

• b. Newly discovered pieces of evidence are those that are relevant, material, and affect the merits of the case but could not, by the exercise of due diligence, have been discovered before the trial.

• c. Cumulative evidence is not a prerequisite to the conviction of the accused.

• d. All of the choices

• e. More than one, but not all of the choices.

This term connotes an absence of a direct connection between the evidence and the matter in dispute.

• Test of Relevancy

• Negative Evidence

• Collateral Matters

• Admissibility