Philippine Bar review · Question

Practice question: Proof vs. Evidence

Multiple Choice Medium

Practice question

A witness's testimony is admitted, but the court finds it unreliable after evaluating the witness's opportunity to observe and contradictions. Does the testimony's admission alone establish the disputed fact?
  1. Yes; admission requires belief
  2. Yes; reliability can never be examined after admission
  3. No; the court must still assess whether the evidence persuades under the governing standard
  4. Yes; every witness is conclusive on every issue
  5. No; oral testimony is never evidence

Legal references

  • https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — A.M. No. 19-08-15-SC, 2019 Revised Rules on Evidence, effective May 1, 2020; Rules 128 §§1–4, 130 §§1–2, 131 §1, and 133 §§1–2,6.
  • https://lawphil.net/judjuris/juri2013/dec2013/gr_182356_2013.html — Dela Llana v. Biong, G.R. No. 182356, December 4, 2013, MAIN decision (evidentiary facts, ultimate fact, and admissibility versus weight).

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