Philippine Bar review · Question

Practice question: Improvident Plea

Multiple Choice Hard

Practice question

On appeal, an accused establishes an irregular guilty plea but the record also contains independently received evidence proving guilt beyond reasonable doubt, with no relevant procedural unfairness or inadequate factual presentation. Must the mere plea defect automatically produce acquittal or remand?
  1. Yes, every defect compels acquittal.
  2. Yes, every defect compels remand regardless of the record.
  3. The prosecutor may choose the result without judicial review.
  4. No; Pagal explains that consequences depend on the record, independent proof and procedural fairness, rather than a per se remedy for every defect.
  5. No; the guilty plea makes every defect irrelevant in all cases.

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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