Practice question
A judge asks only, 'You know you may go to prison, correct?' and receives 'Yes.' The judge neither explains the offense's elements nor the applicable penalty and consequences. Is this necessarily an adequate searching inquiry?
- Yes; any single affirmative answer suffices
- Yes; the phrase 'go to prison' replaces all explanation
- No; a merely cursory warning does not establish the required informed and voluntary plea
- Yes; explanation is prohibited when counsel is present
- No; every guilty plea must be rejected regardless of circumstances
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 §§1–8 (arraignment, pleas, searching inquiry, counsel); Rule 115 §1.
- https://lawphil.net/judjuris/juri2020/sep2020/gr_241257_2020.html — People v. Pagal, G.R. No. 241257, September 29, 2020, EN BANC MAIN decision (Rule 116 §3; searching inquiry, prosecution evidence, and acquittal on the particular record).
- https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html — R.A. No. 9346 §§1–2 (death penalty prohibited; substitute penalties).
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