Practice question
An accused validly pleads guilty to a noncapital offense. The judge decides to receive evidence from both parties to determine the penalty. The defense objects that the guilty plea legally bars any evidence. Resolve.
- The objection is correct because evidence is prohibited
- Only the prosecutor's consent can authorize the judge
- The objection fails because Section 4 expressly permits such evidence for determining the penalty
- The plea automatically becomes not guilty whenever evidence is received
- The information must be withdrawn
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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