Practice question
Under Rule 116, Section 2, is amendment of the complaint or information necessary merely to enter the permitted plea to the necessarily included lesser offense?
- Yes, in every case
- Yes, only because the accused initially denied guilt
- No; the provision expressly says no amendment is necessary
- Yes; the court must first dismiss all charges
- No; therefore no judicial approval is needed
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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