Practice question
The court forced arraignment after the accused repeatedly and timely demanded the required investigation. Is it sound to rely only on the later plea while ignoring those protests?
- Yes, a forced plea always proves voluntary abandonment.
- Yes, all preceding motions vanish from the record.
- Yes, counsel’s protest automatically makes the offense unbailable.
- Yes, the court need not consider whether the request was timely.
- No; the preserved objection and circumstances must be evaluated.
Legal references
- Rules of Court, Rule 113, Sections 2-9, and Rule 114, Section 26, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Go v. Court of Appeals, G.R. No. 101837, February 11, 1992, main decision, preserved preliminary-investigation objection and qualified relief: https://lawphil.net/judjuris/juri1992/feb1992/gr_101837_1992.html
Answer this question in flashcards to review your response and continue practicing.