Philippine Bar review · Question

Practice question: Improvident Plea

Multiple Choice Easy

Practice question

Until what point may the court permit withdrawal of an improvident guilty plea under Rule 116 section 5?
  1. Only before the plea is entered.
  2. Before the judgment of conviction becomes final.
  3. Only after the sentence has been fully served.
  4. At any time forever regardless of finality.
  5. Only before a complaint is filed.

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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