Practice question
The private offended party fails to appear at arraignment despite due notice. The accused proposes a plea to a necessarily included lesser offense, and the trial prosecutor conforms. Under Rule 116, Section 1(f), may the court allow it without the absent offended party's conformity?
- Yes; the rule permits court allowance with the trial prosecutor's conformity alone in these circumstances
- No; absence always defeats every plea bargain
- Yes; but only if the prosecutor also stays away
- No; the accused must plead guilty to an unrelated offense instead
- Yes; and the court loses all discretion
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/juri2025/feb2025/gr_263038_2025.html — Aguiling v. People, G.R. No. 263038, February 17, 2025, MAIN decision (plea bargaining in drug cases; judicial framework and objection based solely on inconsistent DOJ policy).
- https://lawphil.net/judjuris/juri2025/jan2025/gr_259094_2025.html — Aquino v. People, G.R. No. 259094, January 28, 2025, EN BANC MAIN decision (drug-case plea bargaining framework and objections).
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