Philippine Bar review · Question

Practice question: Noncapital Offense

Multiple Choice Hard

Practice question

An accused enters an improvident guilty plea to a noncapital offense. A conviction is rendered but is not yet final. The accused moves under Section 5 to withdraw the plea. The prosecutor says the court lost all power to consider it on the date the decision was rendered. Which is most accurate?
  1. Rendering judgment always immediately removes the Section 5 authority
  2. The motion itself automatically acquits the accused
  3. The judge must disregard whether the plea was improvident
  4. Section 5 permits the court to allow withdrawal before the conviction becomes final; rendition alone is not the stated cutoff
  5. The only possible remedy is executive pardon

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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