MOCKBOARD EXAM ON CRIMINAL PROCEDURE
oRULE 114-BAIL
oRULE 115 - RIGHTS OF ACCUSED )
(1) It is the right of the accused to have a subpoena issued in his
behalf in order to compel the attendance of witnesses.
A. subpoena duces tecum
B. Subpoena ad testificandum
C. Subpoenatecum duces
D. All of them
(2) Right of the accused to be present and defend in person and by
counsel at every stage of the proceedings, from _________.
A. Arraignment to appeal of judgment
B. custodial investigation to appeal
C. preliminary investigation to judgment
D. arraignment to promulgation of the judgment
(3) If the accused pleads not guilty, arraignment and pre-trial should
be held within how many days from the time the court acquires
jurisdiction over the accuse?
A. 10 days
B. 15 days
C. 25 days
D. 30 days
(4) If the other party had the opportunity to cross-examine the
witness before he died or became unavailable, what is the effect of
his testimony?
A. Cannot be used as evidence
B. Can be used as evidence
C. Conditionally accepted in court
D. Considered as void
(5) the following are the remedies available to the accused whose
right to speedy trial has been violated, except:
A. File a motion to dismiss on the ground of violation of right to
speedy
B. File for mandamus to compel a dismissal of the information
C. If he is restrained of his liberty, file for habeas data
D. Ask for the trial of the case and move to dismiss
(6) Can an accused or witness invoke the right against self-incrimination if he
is asked about past criminality? which of the following answers is wrong?
A. If he can still be prosecuted for it, questions about the past criminal liability
are not covered by the protection against self-incrimination
B. if he cannot anymore be prosecuted for it anymore, he cannot invoke the
right
C. If he can still be prosecuted for it, questions about the past criminal liability
are still covered by the protection against self-incrimination
D. All answers are correct
(7) Suppose that x was a witness in a judicial proceeding. The
counsel asked him about his whereabouts during a certain date. X
was actually together with a woman in a motel during that date.
Revealing his whereabouts would result to a domestic turbulence.
Can x rightfully invoke his right against self-incrimination?
A. Yes
B. no
(8) This right covers testimonial compulsion only and the
compulsion to produce real or physical evidence using the body
of the accused?
A. Right against self-incrimination
B. Right to counsel
C. Right to be present in trial
D. Right to due process
(9) Accusation is synonymous to guilt—conviction should not
then be based on the strength of the evidence of the
prosecution and not the weakness of the defense?
A. True
B. False
(10) Accusation is synonymous to guilt—conviction should not
then be based on the strength of the evidence of the
prosecution and not the weakness of the defense?
A. True
B. False
(11) Accused has the right to be present and defend in person
and by counsel at every stage of the proceedings, from
arraignment to promulgation. What kind of counsel is referring
in the statement?
A. competent counsel
B. Independent counsel
C. competent counsel
D. effective counsel
(12) Is DNA testing covered by the right against self-
incrimination?
A. yes
B. no
(13) The mistake of counsel binds the client
A. True
B. False
(14) Means that the trial should be conducted according to the
law of criminal procedure and the rules and regulations and it
should be free from vexatious, capricious and oppressive delay.
True
A. Right against self-incrimination
B. Right to counsel
C. Right to be present in trial
D. Right to speedy trial
(15) Can the right to appeal be waived?
A. Yes it can be waived impliedly
B. Yes it can be waived expressly
C. Both are correct
Exam on Bail
(16) The security given for the release of a person in
custody, furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the
conditions specified by law.
A. Subpoena
B. Recognizance
C. Bail
D. warrant
(17) The following are the different forms of bail, except:
A. Corporate surety
B. Property bond
C. Recognizance
D. Cashier
(18) Where should one post bail if he hasn't been charged yet?
A. In the RTC of the place where he is in custody
B. In the MTC of the place where he is in custody
C. In the Court of Appeals
D. In the Supreme Court
(19) Any domestic or foreign corporation, licensed as a surety in
accordance with law and currently authorized to act as such, may provide
bail by a bond subscribed jointly by the accused and an officer of the
corporation duly authorized by its board of directors.
A. Bondsman
B. Corporate surety
C. Cash deposit
D. Recognizance
(20) Can an accused post bail even if he has not been formally
charged in court?
A. Yes as long as the accused is under custody of the law
B. No, charged in court is a mandatory requirement
C. It is subject to the discretion of the judge
D. None is correct
(21) If the accused is convicted in the RTC for an offense
punishable from 6 to 8 years, is bail a matter of right or of
discretion?
A. Matter of right
B. Matter of discretion
C. It is neither a matter of right nor a matter of discretion.
D. It is either a matter of right nor a matter of discretion.
(22) A person shall not be admitted to bail if charged with a
capital offense.
A. When the evidence of guilt is weak
B. When the evidence of guilt is strong
C. When the evidence of guilt is not enough
D. All of them
(23) The accused may be allowed to continue on provisional
liberty during the pendency of the appeal subject to the consent
of the bondsman.
A. provided another bail should be given
B. under the same bail
C. under bail with higher value
D. None of them
(24) Upon custody and prior to conviction, when the offense
charged is not punishable by death, life imprisonment, or
reclusion perpetua.
A. Bail is a matter of right
B. Bail is a matter of discretion
C. Bail should not be allowed
D. Bail is not required
(25) There is nothing inconsistent with posting bail and filing a
motion to quash information.
A. True
B. false
