Philippine Bar review · Question

Practice question: Capital Offense

Multiple Choice Hard

Practice question

A murder accused argues that R.A. No. 9346's prohibition of death means the court may discard every Rule 116, Section 3 safeguard and convict solely on his guilty plea. The prosecutor agrees. Under People v. Pagal, which is sound?
  1. The parties may eliminate all Section 3 protections by agreement
  2. The prohibition of death conclusively establishes guilt
  3. The statute requires dismissal of every murder case
  4. Pagal continued to apply Section 3's searching inquiry and prosecution-proof safeguards despite the prohibition on imposing death
  5. The court must impose death to preserve the safeguards

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 §§1–8 (arraignment, pleas, searching inquiry, counsel); Rule 115 §1.
  • https://lawphil.net/judjuris/juri2020/sep2020/gr_241257_2020.html — People v. Pagal, G.R. No. 241257, September 29, 2020, EN BANC MAIN decision (Rule 116 §3; searching inquiry, prosecution evidence, and acquittal on the particular record).
  • https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html — R.A. No. 9346 §§1–2 (death penalty prohibited; substitute penalties).

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