MOCK BAR EXAMINATION QUESTIONS INCRIMINAL LAW

1. The public prosecutor need not be present during the trial of a criminal case in the Regional Trial Court:

a. when there is a private prosecutorb. when he has turned over the active conduct of trial to the private prosecutorc. he should always be present unless the chief of the prosecution office or the

regional state prosecutor has authorized the private prosecution in writing to prosecute the case subject to the approval of the court

d. when he has lost controls of the prosecution

2. The signature of counsel in the pleading constitutes a certification that:

a. his client had read the pleading and certifies to the accuracy of the material allegations therein.

b. his client had read the pleading and that to the best of the client’s knowledge, information and belief, there is good grounds to support it and not interposed for delay.

c. he has read the pleading, that to the best of the client’s knowledge, information and belief, there is good grounds to support it and that is not interposed for delay.

d. he has read the pleading, that based on his personal information, there is good grounds to support it, and that it is not interposed for delay.

e. that both client and counsel have read the pleading, that to the best of their knowledge, information and belief there are good grounds to support it and that it is not interposed for delay.

3. The rule that a complaint or information must charge only one offense is absolute.

a. Trueb. False, this is subject to exception.c. False, except when existing laws prescribe a single punishment for various

offense.d. False, except when there are several accused with different participations in the

commission of the crime.

4. Which of the following statements does not conform with existing procedural concepts?

a. Errors of jurisdiction are normally correctible by certiorari while errors of judgment are correctible by appeal.

b. Jurisdiction over the plaintiff is acquired by the filing of the complaint, petition or initiatory pleading.

c. Jurisdiction over the defendant is acquired only by a valid service of summons.d. Jurisdiction over the issues of the case is determined and conferred by the

pleadings filed in the case or by the agreement of the parties.e. Jurisdiction over the rest is acquired by the actual or constructive seizure by the

court of the thing in question, placing the same under the custody of the court.

5. If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, the action may be commenced and tried:

a. in the court of the place where the defendant may be foundb. in the court of the place where the plaintiff residesc. in the court of the place where the defendant formerly residedd. in the court of the place of birth of the plaintiff

6.