Philippine Bar review · Question

Practice question: Capital Offense

Multiple Choice Medium

Practice question

After pleading guilty in a Section 3 case, the accused presents evidence that, if accepted, exculpates him entirely. Rule 116, Section 1(d) is invoked. What is the prescribed response to the plea?
  1. Deem the guilty plea withdrawn and enter a plea of not guilty
  2. Ignore the evidence because guilty pleas are irrevocable
  3. Automatically increase punishment
  4. Require the accused to destroy the evidence
  5. Treat the evidence as a second guilty plea

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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