MMXI Bar Questions and Answers
Criminal Procedure
2. A pending criminal case, dismissed provisionally, shall be deemed
permanently dismissed if not revived after 2 years with respect to offenses
punishable by imprisonment
A. of more than 12 years.
B. not exceeding 6 years or a fine not ...
2. A pending criminal case, dismissed provisionally, shall be deemed
permanently dismissed if not revived after 2 years with respect to offenses
punishable by imprisonment
A. of more than 12 years.
B. not exceeding 6 years or a fine not exceeding P1,000.00.
C. of more than 6 years or a fine in excess of P1,000.00.
D. of more than 6 years.
3. Angie was convicted of false testimony and served sentence. Five years later,
she was convicted of homicide. On appeal, she applied for bail. May the Court
of Appeals deny her application for bail on ground of habitual delinquency?
A. Yes, the felonies are both punishable under the Revised Penal Code.
B. Yes, her twin convictions indicated her criminal inclinations.
C. No, the felonies fall under different titles in the Revised Penal Code.
D. No, the charges are both bailable.
5. Which of the following is a correct statement of the rule on amendment of the
information in a criminal proceeding?
A. An amendment that downgrades the offense requires leave of court even
before the accused pleads.
B. Substantial amendments are allowed with leave of court before the accused
pleads.
C. Only formal amendments are permissible before the accused pleads.
D. After the plea, a formal amendment may be made without leave of court.
6. Gary who lived in Taguig borrowed P1 million from Rey who lived in Makati
under a contract of loan that fixed Makati as the venue of any action arising from
the contract. Gary had already paid the loan but Rey kept on sending him letters
of demand for some balance. Where is the venue of the action for harassment
that Gary wants to file against Rey?
A. In Makati since the intent of the party is to make it the venue of any action
between them whether based on the contract or not.
B. In Taguig or Makati at the option of Gary since it is a personal injury action.
C. In Taguig since Rey received the letters of demand there.
D. In Makati since it is the venue fixed in their contract.
9. The Metropolitan Trial Court convicted Virgilio and Dina of concubinage.
Pending appeal, they applied for bail, claiming they are entitled to it as a matter
of right. Is their claim correct?
A. No, bail is not a matter of right after conviction.
B. Yes, bail is a matter of right in all cases not involving moral turpitude.
C. No, bail is dependent on the risk of flight.
D. Yes, bail is a matter of right in the Metropolitan Trial Court before and after
conviction.
10. As a rule, the judge shall receive the evidence personally. In which of the
following circumstances may the court delegate the reception of evidence to the
clerk of court?
A. When a question of fact arises upon a motion.
B. When the trial of an issue of fact requires the examination of a long account.
C. In default or ex-parte hearings.
D. Upon motion of a party on reasonable grounds.
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