Philippine Bar review · Question

Practice question: Searching Inquiry

Multiple Choice Hard

Practice question

An improvident guilty plea is identified before the conviction becomes final. Counsel says Rule116 allows correction only before judgment is first rendered. Which is correct?
  1. Rendering any judgment always removes that power
  2. Section5 permits the court to allow withdrawal before finality of conviction
  3. Only the prosecutor may withdraw the plea
  4. A clerk may unilaterally acquit
  5. Finality is irrelevant to the stated rule

Legal references

  • Rules115–116, Revised Rules of Criminal Procedure: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • People v. Pagal, G.R.241257, September29,2020, main decision: https://lawphil.net/judjuris/juri2020/sep2020/gr_241257_2020.html

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