Practice question
The accused says guilty but cannot explain the offense’s essential elements in the inquiry. The judge has not explained them either. What should the judge do?
- Explain the elements and ascertain genuine understanding
- Assume understanding from the one-word answer
- Treat ignorance as proof of an aggravating circumstance
- Delegate the entire inquiry to a jail guard
- Proceed directly to sentence without clarification
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
Answer this question in flashcards to review your response and continue practicing.