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?
- Rendering any judgment always removes that power
- Section5 permits the court to allow withdrawal before finality of conviction
- Only the prosecutor may withdraw the plea
- A clerk may unilaterally acquit
- 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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