Philippine Bar review · Question

Practice question: Searching Inquiry

Multiple Choice Hard

Practice question

An accused with limited schooling answers 'guilty' after the charge is read. During questioning he explains that he believes pleading guilty admits only that he was present and guarantees a short sentence. Which is the proper response to that misunderstanding?
  1. Ignore it because the word guilty was spoken
  2. Accept the plea solely to shorten the docket
  3. Treat limited schooling as proof of guilt
  4. Explain the actual charge and lawful consequences and meaningfully ascertain an informed, voluntary choice before relying on the plea
  5. Promise the expected short sentence regardless of law

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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