Philippine Bar review · Question

Practice question: Improvident Plea

Multiple Choice Medium

Practice question

Before a conviction becomes final, an accused shows that his guilty plea resulted from failure to understand its consequences and seeks withdrawal. Does section 5 authorize the court to consider the request?
  1. No, every guilty plea is irrevocable at once.
  2. Yes; the court may permit withdrawal of an improvident plea and substitute not guilty.
  3. Yes; the request itself automatically acquits him.
  4. No, unless the prosecutor chooses to pardon him.
  5. Yes; it automatically erases all independently admitted evidence.

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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