MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. What is the nature of the right to preliminary investigation?

a.
b.
c.
d.
e.

Inquisitional
Personal
Alternative
Both a and b
All of the above

2. Which of the following instances will operate as waiver of the right to preliminary

investigation by the accused?

a. If the accused fails to ask for preliminary investigation after being aware for more
than five (5) days that the case had been filed in court.
b. Where the accused posted a bond
c. Failure to claim it before the accused pleaded
d. Both a and c
e. All of the above
3. For instance, the provincial or city prosecutor promulgated an unfavorable resolution of the

case, where can be accused file a petition for review of the said resolution?
a.
b.
c.
d.
e.

Office of the President

Metropolitan Trial Court
Regional Trial Court
Department of Justice
None of the above

4. An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to

surrender, refused to do so and instead answered the latter with a stroke of his lance, the
policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner. Is
the act of the policeman on resorting to extreme means will always be justified?
a. Yes, since an arresting officer is required to act within the performance of his duty, he
must stand his ground and cannot, like a private individual, take refuge in fight; his
duty requires to overcome his opponent.
b. No, it was provided under the Rules of Court that no violence or unnecessary force
shall be used in making an arrest. Such provision accepts no exception.
c. It depends, the reasonableness of the force employed by the arresting officer must
be adjudged in the light of the circumstances as they appeared to the officer at the
time he acted, and the means is generally considered to that which ordinary prudent
and intelligent person with the knowledge would have deemed necessary under the
circumstances.
5. As a rule a private person making an arrest should notify the person arrested of his purpose

and acquaint him with the cause of the arrest, however this rule accepts certain exceptions.
Which of the following are those exceptions?

a. Where the arrest is made at the time the offense is committed for attempted or on
fresh pursuit;
b. When the giving of such information is largely impracticable, as when he forcibly
resists before the person making the arrest has the opportunity so to inform him;
c. When the giving of the information will imperil the arrest;
d. All of the above