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?
- The commentator’s absolute rule appears in Section 1(c)
- Only the police decide self-representation at trial
- The court may allow personal defense upon motion when it sufficiently appears the accused can properly protect the right without counsel
- Counsel rights disappear automatically upon filing a motion
- 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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