Philippine Bar review · Question

Practice question: Capital Offense

Multiple Choice Medium

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?
  1. Explain the elements and ascertain genuine understanding
  2. Assume understanding from the one-word answer
  3. Treat ignorance as proof of an aggravating circumstance
  4. Delegate the entire inquiry to a jail guard
  5. 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

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