Philippine Bar review · Question

Practice question: Noncapital Offense

Multiple Choice Hard

Practice question

After pleading guilty to a noncapital charge, the accused offers evidence that, if accepted, exculpates the accused rather than merely mitigates the penalty. The judge intends to retain the guilty plea and disregard the contradiction solely because a plea was already entered. Which is correct?
  1. A guilty plea can never be affected by exculpatory evidence
  2. Section 1(d) requires treating the guilty plea as withdrawn and entering a not-guilty plea
  3. The exculpatory claim automatically proves innocence without trial
  4. The accused must be sentenced to the maximum regardless of evidence
  5. Only private complainants may authorize a plea change

Legal references

  • Rules of Court, Rule 116, Sections 1(d), 4–5.
  • Reviewed primary authority, Rule 116, Sections 1(d), 4–5: https://lawphil.net/courts/rules/rc_110-127_crim.html

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