MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. A judgment or final order or resolution of the Commission on Elections or Commission on

Audit may be brought by the aggrieved party to the Supreme Court on certiorari under Rule
65 (Section 2, Rule 64 of the Revised Rules of Court). Assuming upon receipt by the
aggrieved party of the decision of the Comelec on December 15, 2006 the aggrieved party
files a motion for reconsideration of the decision. The motion for reconsideration was denied
per resolution of the Comelec, a copy of which was received by aggrieved party today.
Within what time should the petition be filed by the petitioner with the Supreme Court? It
should be filed within:
a. The fresh period of 30 (30) days reckoned from receipt of the denial resolution:
b. The fresh period of twenty (20) days reckoned from receipt of the denial
resolution:
c. The fresh period of fifteen (15) days reckoned from receipt of the denial
resolution:
d. The remaining period but not less than five (5) days in any event, reckoned from
the receipt of the denial resolution.
2. Y with the use of force entered into the premises belonging to Z with an assessed value of

P20, 000.00. The latter demanded the vacation of the premises but the former refused to
vacate despite the expiration of fifteen day notice to vacate on December 31, 2005. Your
services were engaged today by Y to enforce his right. What action would you file?
a. I would file an action for recovery of possession of the property with the RTC of
the place where the property is dispute is located.
b. I would file an action to quiet the title of my client with the RTC of the place where
the property is located, plus damages.
c. I would file an action for unlawful detainer with the MTC of the place where the
property is located, damages and prayer for issuance of the preliminary
mandatory injunction in order to compel Y to vacate the premises.
d. I would file an action for forcible entry with MTC of the place where the property
is located with prayer for the issuance of preliminary mandatory injunction in
order to compel Y to vacate the premises.
3. X was furnished a copy of the decision on December 10, 2006 he filed a motion for new trial

on December 17, 2006. On December 22, 2006, the motion was denied and X received a
copy of the order on December 28, 2006. When X shall take his appeal? Why?
It must be observed that December 10, the day X received a computation of a period (Art.
13, New Civil Code). December 17, 2006, the day when he filed a motion for new trial,
should not likewise included in the period as the first is excluded and the last day included
January. The period to run again on December 28, 2006 Therefore:
a.
b.
c.
d.

X should take his appeal on or before January 3, 2007.

X should take his appeal on or before January 4, 2007.
X should take his appeal on or before January 5, 2007.
X should take his appeal on or before January 6, 2007.

4. When may a final order be deemed to be not determining the merits of a case?

a. When the final order has been in writing, personally or directly prepared by the
judge.
b. When the final order states clearly and distinctly the facts and the law on which is
based, signed by the judge and filed with the clerk of court.
c. When the final order considers and determines the rights of the parties as those
rights presently exist, upon matters submitted in an action or proceeding.
d. When the final order was signed by the judge personally and filed with the clerk
of court but does not state the reason or basis therefore.
5. Choose one effect from the following which does not arise or result from the filing of

demurrer to evidence.
a. The defendant does not waive his right to offer evidence in the event his motion
was denied.
b. When the accused filed demurrer to evidence without express leave of court, he
waives his right to present evidence and denies the motion dismiss, the accused
may adduce evidence in his defense and submits the case for judgment on the
basis of the evidence of the prosecution.
c. If the motion is granted and the order of dismissal is reversed upon appeal, the
movant loses the right to present evidence on his behalf.
d. In case of reversal, the appellate court shall render judgment for the plaintiff
based on the evidence alone.