Philippine Bar review · Question

Practice question: Improvident Plea

Multiple Choice Medium

Practice question

Counsel tells the court guilty while the accused has not personally entered any plea. Can counsel’s statement alone satisfy Section1(b)?
  1. No; the accused must personally enter the plea
  2. Yes; counsel’s retainer substitutes for the personal plea
  3. Yes; a lawyer may always plead guilty without the accused
  4. Yes; silence is necessarily guilty
  5. Yes; the prosecutor may supply the missing plea

Legal references

  • Rules of Court, Rule116 Sections1,3–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • People v Pagal, GR241257, September29,2020, EN BANC MAIN opinion, searching-inquiry guidelines: https://lawphil.net/judjuris/juri2020/sep2020/gr_241257_2020.html

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