ST.
MICHAELS COLLEGE SEMI-FINALS EXAMINATION LAW 1
Name: _______________________________ Date:______________________
Score:____________
Note: Read the questions carefully before answering. Deductions will be given for not following the instructions. The exam will be good only for one (1) hour. Late papers will not be accepted.
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1. A motion requesting that a criminal complaint or information be dismissed on grounds specified by law or rule. a. Motion to dismiss b. Motion to quash c. Motion for new trial d. Appeal 2. Which of the following grounds can only be raised before arraignment or else it is deemed waived? a. Double Jeopardy b. Lack of jurisdiction over the subject matter c. Lack of jurisdiction over the person of the accused d. Prescription of criminal liability 3. Which of the following is not a ground for extinction of criminal liability? a. marriage of the offended woman to the accused b. absolute pardon c. service of sentence d. death 4. In which of the following instances will the court acquire jurisdiction over the offense charged? a. arrest of the accused b. voluntary surrender of the accused c. filing of the complaint or information d. provision of law 5. Who among the following may not file the information? a. COMELEC b. Ombudsman c. Prosecutor d. Special counsels designated by the Department of Justice 6. Which of the following penalties will prescribe after 12 years? a. prision mayor b. prision correccional
c. reclusion temporal d. reclusion perpetua 7. In case the complaint or information fails to conform with the prescribed form, what is the other remedy that may be availed by the accused aside from the motion to quash? a. motion to dismiss b. motion for bill of particulars c. certiorari d. mandamus 8. Test I. Multiple Choice. Select the best answer and write its corresponding letter on its specified number as written on the table. Test II. Computation of Periods. Identify the correct dates as asked in the given facts of situation. Write your answers on the boxes before the number.
1. The accused enters a plea of not guilty on
February 25, 2011. When will be his last day to prepare for trial?
2. The accused counsel received the pre-trial order on
February 25, 2011. Until when may the court commence the trial?
4. If the accused was charged under the Comprehensive
Drugs Act. A complaint was filed against him on February 25, 2011. Until when may trial against him be conducted? February 25, 2011, until when may it be extended in the first twelve month period?
5. If the trial against the accused was commenced on
6. The accused enters a plea of not guilty on February
25, 2011. Until when may the court order a pre-trial conference?
7. The accused was arraigned on February 25, 2011.
Until when may the court order a pre-trial conference?
8. The pre-trial was terminated on February 25, 2011.
Until when may the judge issue a pre-trial order?
9. The accused enters a plea of guilty on February 25,
2011. Until when may the court order a pre-trial conference?
10. The accused wasplaced under preventive detention on
February 25, 2011. Until when may the court order a pre-trial conference? Test III. Illustrate the order of trial by filling up the boxes with the corresponding procedure (2pts each).
