MOCK BAR EXAMINATION QUESTIONS INCRIMINAL LAW

1. The During the trial of a damage suit, Mr. DD, defendant, introduced evidence on a matter not raised in the pleadings of the parties. Mr. PP, plaintiff promptly objected on the ground that the evidence concerns a matter not in issue. Under the circumstances:

a. the court has no alternative but to sustain the objectionb. the court must overrule the objection and treat the issue as if it had been raised

in the pleadingsc. the court must order the amendment of the pleadings to conform to the evidence

and grant a continuance to enable the amendment to be made.d. the court in its discretion may allow amendment of the pleading if doing so would

serve the ends of substantial justice.e. the court may order the striking out of an allegation which does not conform to

the evidence.

2. Evidence beyond reasonable doubt -

a. is the same as preponderance of evidenceb. is the equivalent of substantial evidence in administrative casesc. must be absolutely certain to convictd. must be morally certain, otherwise the accused is entitled to acquittal

3. A petition for adoption may be filed in the Regional Trial Court of

a. the place where the adopter residesb. the place where the adoptee residesc. the place where the adoptee was bornd. the place where the birth of the adoptee was recovered

4. Habeas Corpus is not the proper remedy to secure the release of a person detained pursuant to:

a. a warrantless arrestb. a warrant of arrestc. a warrant of arrest issued on the basis of an information charging an offense

which has already prescribed.d. his voluntary surrender

5. In a case for alleged drug-pushing, evidence of:

a. the buy-bust money is indispensableb. the confidant’s testimony who accompanied the poseur-buyer is necessaryc. the drugs subject of the case is indispensabled. the testimony of the chemist who examined the alleged drugs is indispensable

6.