Philippine Bar review · Question

Practice question: Searching Inquiry

Multiple Choice Hard

Practice question

In a murder case, defense counsel says, 'I have discussed everything with my client.' The judge asks counsel no further questions and directs none to the accused about the charge, custody, coercion, penalties, or understanding. Counsel's assurance is treated as a complete substitute for searching inquiry. Is that sufficient?
  1. Yes; the judicial duty is fully delegated to counsel
  2. No; counsel's assurance does not replace the court's meaningful inquiry into the accused's voluntariness and comprehension
  3. Yes; a capital-offense plea is exempt when counsel appears
  4. Yes; a guilty plea prohibits further questions
  5. No; counsel must instead decide the sentence

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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