MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. Where the criminal action has already been filed in the proper court, the application for the

issuance of a search warrant for the seizure of the instrument used in the commission of the
crime may be filed in:
a.
b.
c.
d.

Any Court in the province where the instrument is kept.

The proper Court where the criminal action has been filed or is pending
Any Court in the Judicial region where the crime was committed
In any Court within the Judicial Region where the accused resides

2. A money claim against the estate of a decedent which is not filed within the period fixed in

the NOTICE to creditors to file their claims:

Is forever barred
May be enforced by action by the creditor against the executor or administrator of
the decedent.
c.
May be raised as a counterclaim in a suit brought against the creditor by the
executor or administrator of the decedent.
d.
May be ordered paid by the Court, if there is a residue of the estate after all the
claims against such estate have been fair.
a.
b.

3. Where the estate of a resident is escheated:

a. His personal properties shall be assigned to the municipality or city where they are
located.
b. His real properties shall be assigned to the municipality or city where he last resided.
c. All his personal and legal properties shall be assigned to the province.
d. His personal properties shall be assigned to the municipality or city where ha last
resided and his real properties to the municipality or city where they are located.
4. One of those actions cannot be brought against an executor or administrator:

a.
b.
c.
d.

To recover real or personal property from the estate of the decedent

To enforce a lieu or such real or personal properties.
To recover damages for an injury to person or property
To recover money, debt or interest therein from the estate of the decedent.

5. The order fixing the date and time of the hearing of the petition for guardianship or a minor

or incompetent residing in the Philippines:

a. Must be published in a newspaper of general circulation in the province where the
minor or incompetent resides for (3) consecutives weeks prior to the hearing.
b. Must be published in a newspaper of general circulation in the province where the
petitioner resides for three (3) consecutive weeks prior to the hearing.
c. Must be published in a newspaper of general circulation in the Philippines for three
(3) consecutive weeks prior the hearing.
d. Is not required to re published in any newspaper