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Philippine Bar review · Question

Practice question: Rights of the Accused

Multiple Choice Hard

Practice question

An accused moves to defend personally. The court examines the request and the record concerning whether the accused can properly protect the right without counsel. A commentator says Rule 115 allows no such inquiry and automatically permits any request regardless of ability. Which is correct?
  1. The commentator’s absolute rule appears in Section 1(c)
  2. Only the police decide self-representation at trial
  3. The court may allow personal defense upon motion when it sufficiently appears the accused can properly protect the right without counsel
  4. Counsel rights disappear automatically upon filing a motion
  5. The court must decide the case by public popularity

Legal references

  • Revised Rules of Criminal Procedure, Rule 115, Section 1: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html; Section 1(c).

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