Philippine Bar review · Question

Practice question: Capital Offense

Multiple Choice Medium

Practice question

In a murder case governed by the Section 3 safeguards applied in People v. Pagal, the judge conducts a proper searching inquiry. The prosecutor then asks to submit no evidence because the plea was informed. May the inquiry alone replace the prosecution's evidentiary duty?
  1. Yes; a searching inquiry is the prosecution's entire case
  2. Yes; counsel's presence makes all evidence unnecessary
  3. No; the inquiry and the prosecution's proof are separate requirements
  4. Yes; only the accused must now disprove guilt
  5. No; every informed guilty plea must be rejected

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).

Answer this question in flashcards to review your response and continue practicing.