Philippine Bar review · Question

Practice question: Improvident Plea

Multiple Choice Hard

Practice question

A conviction rests solely on an improvident guilty plea. Despite repeated opportunities in a fair proceeding, the prosecution presented no proof of guilt. Counsel argues that the plea alone must sustain the conviction. Is that sound?
  1. Yes, an improvident plea always supplies all missing proof.
  2. No; a conviction cannot be sustained solely on that improvident plea, and the proper appellate disposition depends on the actual record and safeguards, as Pagal illustrates.
  3. Yes, the accused must prove the prosecution’s case.
  4. Yes, absence of evidence proves guilt conclusively.
  5. No; every such case must automatically be retried without considering prior opportunities.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 sections 1(d), 5, 6 and 8: exculpatory evidence, withdrawal before finality and counsel safeguards.
  • https://lawphil.net/judjuris/juri2020/sep2020/gr_241257_2020.html — People v. Pagal, G.R. 241257, September 29, 2020, main opinion: improvident plea, independent evidence and case-specific appellate consequences.

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