Practice question
An accused was convicted on a lesser guilty plea entered without the required prosecutor and offended-party consent; the Rule116 Section1(f) exception does not apply. The State later charges a graver necessarily inclusive offense. Is the former conviction an invariable bar?
- Yes; the consent defect is always irrelevant
- No; Section7(c) expressly addresses that unauthorized lesser plea
- Only the accused’s consent matters
- Every unauthorized lesser plea creates permanent immunity
- The graver charge must be civil
Legal references
- Rules111 Section7,116 Section11,117 and118: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Constitution ArticleIII Section21: https://lawphil.net/consti/cons1987.html
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