Practice question
Before conviction becomes final, an accused shows that a guilty plea was improvidently made and asks to replace it with a not-guilty plea. What authority does Section 5 give the court?
- No authority once any judgment is written
- Power to remove every charge without further proceedings
- Duty to convict without considering the request
- Power to disregard all rights of the prosecution
- Discretion to permit withdrawal and substitution with a not-guilty plea
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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