Philippine Bar review · Question

Practice question: Improvident Plea

Multiple Choice Hard

Practice question

The accused expressly refuses to enter any plea because he cannot understand the charge. The judge orders a guilty plea entered as a sanction for refusal and proceeds to sentence. What does Section1(c) require instead?
  1. A not-guilty plea must be entered for refusal to plead
  2. Guilty must be entered as punishment for silence
  3. The prosecutor may convict by declaration
  4. Refusal waives every element of the crime
  5. The clerk may enter any plea preferred by the complainant

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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