MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. The defendant appeals from a decision of the Regional Trial Court (RTC) affirming a

decision of the Municipal Trial Court (MTC) ordering the defendant to vacate the premises:
a. The RTC decision is immediately executory.
b. The defendant can stay the execution of the RTC decision by filing a bond.
c. The RTC decision can be executed only after the decision of the appellate court
affirming such decision has become final and executory.
2. The Court of Appeals may annul the judgment of the Regional Trial Court on the ground

that:
a. The RTC decision resulted from an intrinsic fraud.
b. The RTC had no jurisdiction over the person of the defendant
c. The RTC had no jurisdiction over the subject matter of the case or that the
decision resulted from extrinsic fraud.
3. In the Court of Appeals, a party who appealed from a decision in a civil case:

a. Has no right to file a motion for new trial

b. May file a motion for new trial on the ground of fraud, accident, mistake, or
excusable negligence which ordinary prudence could not have guarded against
and by reason of which he has been probably impaired in his rights.
c. May file a motion for new trial on the ground of newly discovered evidence which
he could not, with reasonable diligence, have discovered and produced at the
trial and which if presented would probably alter the result.
4. In an original action filed in the Court of Appeals, jurisdiction over the person of the

respondent is acquired:
a. By the service of summons upon him in accordance with Rule 14.
b. By the service of the copy of the petition upon him by the petitioner.
c. By the service upon him or the order of resolution of the Court of Appeals
indicating its initial action on the petition or by his voluntary submission to such
jurisdiction.
5. The doctrine of primacy of the criminal action, which provides that civil action is thus

suspended in whatever stage it may be found upon the filing of the criminal action, accepts
certain exceptions. Which of the following are among those exceptions?
a.
b.
c.
d.
e.

In cases of independent civil action

In cases where the civil action presents a prejudicial questions
When the act or omission from which civil liability may arise did not exist
Both a and b
All of the above