Practice question
Under the ordinary plea-to-lesser-offense rule, does agreement of the accused, offended party, and prosecutor by itself compel the judge to approve the plea?
- Yes; the judge has no remaining role
- Yes; a private agreement is a judgment
- Yes; consent transfers sentencing power to the parties
- No; allowance remains subject to the trial court's sound discretion
- No; plea bargaining is always forbidden
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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