MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. Of the four instances below, choose one when injunction is not proper:

a.
b.
c.
d.

To restrain the threatened enforcement of an invalid law.

In an action to compel a spouse to cohabit with the other.
In a petition to relief from judgment.
In an action to restrain a criminal prosecution under an unconstitutional statute.

2. Choose the judicial proceeding below in which a writ of habeas corpus can not be availed of

as consequence thereof:
a. Where there has been deprivation of a constitutional right resulting in the
restraint of a person.
b. Where an excessive penalty has been imposed, such sentence is void as to such
excess.
c. Where the petitioner has been unable to establish by evidence to be entitled to
the custody of the minor on account of mistaken identity.
d. Where the lower court had no jurisdiction to impose the sentence.
3. An appeal in habeas corpus case shall be perfected by filing the notice of appeal with the

clerk of court or judge who rendered the judgment within:

a.
b.
c.
d.

15 days from notice of judgment.

30 days from notice of judgment.
5 days from notice of judgment.
48 hours from notice of judgment.

4. Who may not grant a writ of habeas corpus?

a.
b.
c.
d.

Any Regional Trial Court judge.

The Court of Tax Appeals or any member thereof.
The Court of Appeal or any member of thereof.
The Supreme Court or any thereof.

5. The Sandiganbayan:

a. Has no jurisdiction over petitions for prohibition, certiorari or mandamus.

b. Has jurisdiction, if it is in an aid of its Appellate Jurisdiction.
c. Has jurisdiction regardless of whether it is in aid of its appellate jurisdiction or not.
6.