MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL 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 prosecutor
b. when he has turned over the active conduct of trial to the private prosecutor
c. 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 clients 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 clients 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. True
b. 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.
b.
c.
d.
6.

in the court of the place where the defendant may be found

in the court of the place where the plaintiff resides
in the court of the place where the defendant formerly resided
in the court of the place of birth of the plaintiff