Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] In civil cases, the party having the burden of proof must establish his case by what weight of evidence? | Preponderance of evidence. (Sec. 1) |
| [2] In determining where the preponderance or superior weight of evidence on the issues involved lies, what six things about witnesses may the court consider? | (1) manner of testifying, (2) their intelligence, (3) their means and opportunity of knowing the facts to which they are testifying, (4) the nature of the facts to which they testify, (5) the probability or improbability of their testimony, their interest or want of interest, and also (6) their personal credibility so far as the same may legitimately appear upon the trial. (Sec. 1) |
| [3] May the court consider the number of witnesses presented by the opposing parties? | Yes, but the preponderance is not necessarily with the greater number. (Sec. 1) |
| [4] Complete the following: Sec. 2. Proof beyond reasonable doubt.—In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown ____________. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding ____________, produces ____________. ____________ certainty only is required, or that degree of proof which produces conviction in an ____________. | Sec. 2. Proof beyond reasonable doubt.—In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. |
| [5] When can an extrajudicial confession made by an accused be sufficient ground for conviction? | When the confession is corroborated by evidence of corpus delicti. (Sec. 3) |
| [6] Circumstantial evidence is sufficient for conviction based on what three factors? | (a) There is more than one circumstance; (b) The facts from which the inferences are derived are proven; and (c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (Sec. 4) |
| [7] In cases filed before administrative or quasi-judicial bodies, when may a fact be considered as established? | If it is supported by substantial evidence. (Sec. 5) |
| [8] What is “substantial evidence?” | That amount of relevant evidence that a reasonable mind might accept as adequate to justify a conclusion. (Sec. 5) |
| [9] When may the court stop the introduction of further evidence upon any particular point? | When the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. (Sec. 6) |
| [10] Complete the following: Sec. 7. Evidence on motion.—When a motion is based on facts not appearing of record the court may hear the matter on ________________ presented by the respective parties, but the court may direct that the matter be heard ________________. | Sec. 7. Evidence on motion.—When a motion is based on facts not appearing of record the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. |