Practice question
As of the governing law, may a Philippine court impose the death penalty because the case is discussed as a capital-offense plea under Rule 116?
- Yes; the procedural label itself authorizes death
- Yes; a guilty plea revives repealed penalties
- Yes; the prosecutor may waive R.A. No. 9346
- No; R.A. No. 9346 prohibits imposition of death
- No; therefore every serious charge must be dismissed
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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