MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. Which court/s has/have jurisdiction over a case for violation of Section 3(e) of Republic Act
No. 3019 (Anti Graft and Corrupt Practices Act) where the defendants are a city mayor
(salary grade 27), the city tourism operations officer (salary grade 11) and a computer
operator (salary grade 9)?
a. The proper Regional Trial Court since two of the respondents are officials with salary
grade 27.
b. The Sandiganbayan for the city mayor (salary grade 27) and the proper Regional
Trial Court for the city tourism operations officer (salary grade 11) and computer
operator (salary grade 9).
c. The Sandiganbayan since one of the respondents is an official with salary grade 27.
d. The Sandiganbayan of the proper Regional Trial Court, depending on which court
first acquires jurisdiction over the case.
2. Can a prosecutor conducting a preliminary investigation require the parties to submit a draft

Resolutions for their respective positions (that is, for the complaint, a Resolution dismissing
the complaint for lack of probable cause) either of which he will just adopt, depending on his
evaluation of the case?
a. Yes, nothing in the Revised Rules of Criminal Procedure prohibits such a procedure.
b. No, as this will allow the parties to exert undue influence on the prosecutor.
c. Yes, as this will result in the prompt resolution of preliminary investigations.
d. No, because the prosecutor should personally determine whether there is probable
cause to try the accused.
3. A party who has suffered damages due to the issuance of an improper irregular or excessive

attachment against him may claim such damages:

a. Only after the judgement has become final executory
b. Only in a separate action against the party who secured the writ of attachment.
c. In the same case wherein the writ of attachment was issued, at any time before the
trial, or before an appeal has been perfected or before the judgment becomes executory.
4. Who may not grant a writ of habeas corpus?

a. Any Regional Trial court judge

b. The court of tax appeals or any members thereof
c. The court of appeals or any member thereof
d. The Supreme Court or any member thereof
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 found
b. in the court of the place of birth of the plaintiff
c. in the court of the place where the defendant formerly resided.
d. in the court of the place where the plaintiff resides.
6.