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Mock Bar Examination Questions in Criminal Law

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MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. Bail is a matter of right under the following conditions:

1. In MTC, MTC in Cities, MCTC before or after convictions


2. In RTC, after conviction if the penalty imposed is not more than six (6) years
3. In RTC, before conviction of an offense not punishable by death, reclusion
perpetua or life imprisonment.
Which of the following conditions are correct?
a.
b.
c.
d.

Statement No. 1 only


Statement No. 2 only
Statement No. 3 only
Both statement No. 1 and 3

2. Which of the following are the proper grounds that the court should consider in order to

properly grant a new trial in a criminal case?


a. Errors or mistakes of counsel
b. Errors of law or irregularities prejudicial to the substantial rights of the accused
c. New and material evidence has been discovered which the accused could not
with reasonable diligence have discovered and produced at the trial
d. Both B and C
3. An accused in a rape case was convicted by the Regional Trial Court of Manila and the

death penalty was imposed upon him. The judgment shall be reviewed by the:
a.
b.
c.
d.

Supreme Court
Court of Appeals
The same Regional Trial Court
Department of Justice

4. Which of the following statements are true and correct?

a. Any amendment before plea, which downgrades the nature of the offense
charged or excludes the accused from the complaint or information can be made
only upon motion of the prosecutor, even without notice to the offended party and
without leave of court.
b. If it appears at the time before judgment that a mistake has been made in
charging the proper offense the court shall automatically dismiss the complaint or
information filed.
c. The venue of criminal prosecution may be waived same as the venue in civil
action.
d. The offended parties are allowed to intervene by counsel in the prosecution of
the offense when the civil action is instituted in the criminal action.
5. Which of the following is not a right of an accused?

a. To be presumed innocent.

b. To be present and defend in person and by counsel at all times.


c. Allow conference or visits by any members of his immediate family, priest or any
religious organization, any medical doctors, members of national and
international non-governmental organization accredited by the Commission on
Human Rights and the Office of the President or by his counsel.
d. To testify as a witness in his own behalf.
6. The court denied the demurrer to evidence which the accused filed with leave of court.

Hence, the accused:


a.
b.
c.
d.

Loses the right to present his evidence


Does not lose the right to present his evidence
Can be compelled by the court to present his evidence
Has the option whether to present or not his evidence.

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