Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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| [1] Complete the following: Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded.—A witness can testify only to those facts _____________________; that is, which are derived from __________, except as otherwise provided in these rules. | Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded.—A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules. |
| [2] The declaration of a dying person may be received in any case where his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. Under what condition? | The declaration must have been made under the consciousness of an impending death. (Sec. 37) |
| [3] The declaration made by a person deceased, or unable to testify, against the interest of the declarant, may be received in evidence against himself or his successors in interest and against third persons. Subject to what condition? | If the fact asserted in the declaration was at the time it was made so far contrary to declarant's own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true. (Sec. 38) |
| [4] Complete the following: Sec. 39. Act or declaration about pedigree.—The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred ____________________, and the _____________________ is shown by evidence other than such act or declaration. | Sec. 39. Act or declaration about pedigree.—The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. |
| [5] Complete the following: Sec. 40. Family reputation or tradition regarding pedigree.— The reputation or tradition existing in a family ____________________, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be ____________________. | Sec. 40. Family reputation or tradition regarding pedigree.— The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity. |
| [6] Complete the following: Sec. 41. Common reputation.—Common reputation existing previous to the controversy, respecting facts of ____________________, or respecting _____________________, may be given in evidence, Monuments and inscriptions in public places may be received as evidence of common reputation. | Sec. 41. Common reputation.—Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence, Monuments and inscriptions in public places may be received as evidence of common reputation. |
| [7] Complete the following: Sec. 42. Part of the res gestae.—Statements made by a person while a ____________________ is taking place or ____________________ thereto with respect to the circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying an ____________________, and giving it a ____________________, may be received as part of the res gestae. | Sec. 42. Part of the res gestae.—Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae. |
| [8] Entries made at or near the time of the transactions to which they refer, by a person deceased, or unable to testify, who was in a position to know the facts therein stated, may be received as prima facie evidence. Subject to what condition? | If the person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty. (Sec. 43) |
| [9] Complete the following: Sec. 44. Entries in official records.—Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the _____________________, are prima facie evidence of the facts therein stated. | Sec. 44. Entries in official records.—Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated. |
| [10] Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilations is admissible as tending to prove the truth of any relevant matter so stated. Subject to what condition? | If that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein. (Sec. 45) |
| [11] What are the two ways a published treatise, periodical or pamphlet on a subject of history, law, science or art is admissible as tending to prove the truth of a matter stated in them? | (1) If the court takes judicial notice, or (2) a witness expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject. (Sec.46) |
| [12] The testimony or deposition of a witness deceased or unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject matter, may be given in evidence against the adverse party. Subject to what condition? | The adverse party had the opportunity to cross-examine the witness.(Sec. 47) |