Philippine Bar review · Question

Practice question: Capital Offense

Multiple Choice Hard

Practice question

An accused with little schooling faces a Section3 plea inquiry. The court asks only whether counsel signed the form and whether the accused wants a quick case. It never examines custody, understanding, penalties or the offense’s elements. Does the form alone satisfy Pagal?
  1. No; a substantive searching inquiry into voluntariness and understanding is required
  2. Yes; any signed form conclusively substitutes for the inquiry
  3. Yes; speed replaces comprehension
  4. Yes; limited schooling eliminates the safeguard
  5. Yes; only the prosecutor may ask questions

Legal references

  • Rules of Court, Rule116 Sections1,3–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • People v Pagal, GR241257, September29,2020, EN BANC MAIN opinion, searching-inquiry guidelines: https://lawphil.net/judjuris/juri2020/sep2020/gr_241257_2020.html

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