MOCK BAR EXAMINATION QUESTIONS INCRIMINAL LAW

1. The effect of the reversal on appeal of an order granting a demurrer to evidence is that:

a. The defendant loses the right to present his evidenceb. The defendant does not lose his right to present his evidencec. He loses his right to present his evidence only if he did not make a reservation to

present his evidence in case of a denial of his demurrer to evidence.

2. A dismissal of the complaint as a result of a preliminary hearing on the affirmative defense pleaded in the answer has the following effects on the counterclaim pleaded in the answer:

a. The counterclaim is dismissedb. The counterclaim is not dismissedc. The counterclaim can be prosecuted only in the same case.

3. The pendency of a special civil action under rule 65 produces the following effect:

a. It interrupts the course of the principal case.b. It interrupts the course of the principal case only if there is a temporary

restraining order or a writ of preliminary injunction issued against the public respondent.

c. The court trying the principal case has no discretion to postpone the hearing thereof to await the decision in the special civil action.

4. The mode of appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction is by:

a. A notice of appeal filed with the Regional Trial Courtb. Petition for review on certiorari under Rule 45c. Petition for review under Rule 42

5. A final and executory judgment may be enforced by motion:

a. Within 15 days from the entry thereofb. Within 10 years from the entry thereofc. Within 5 years from the entry thereof

6.