Philippine Bar review · Question

Practice question: Noncapital Offense

Multiple Choice Medium

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.
  1. The objection is correct because evidence is prohibited
  2. Only the prosecutor's consent can authorize the judge
  3. The objection fails because Section 4 expressly permits such evidence for determining the penalty
  4. The plea automatically becomes not guilty whenever evidence is received
  5. The information must be withdrawn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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