Philippine Bar review · Question

Practice question: Lesser Offense

Multiple Choice Hard

Practice question

The prosecution timely presents multiple supported objections to a drug plea offer. The review record is incomplete and does not permit determination whether the trial court correctly considered them. What course does Aquino’s incomplete-record guideline prescribe?
  1. Direct the trial court to rule again following the governing plea-bargaining principles
  2. Assume all disputed facts favor the bargain
  3. Assume guilt of the original charge without trial
  4. Treat the incomplete record as automatic acquittal
  5. Erase all objections solely because review was sought

Legal references

  • Rules of Court, Rule116 Sections1,3–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Aquino v People, GR259094, January28,2025, EN BANC MAIN opinion, comprehensive drug plea-bargaining guidelines1,3,5–12: https://lawphil.net/judjuris/juri2025/jan2025/gr_259094_2025.html

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