Practice question
Before plea, a prosecutor seeks an amendment downgrading the charged offense. Does the general pre-plea freedom to amend eliminate court approval?
- No; this exception requires leave of court
- Yes; downgrades are exempt from all safeguards
- Yes; the prosecutor alone finally decides it
- Yes; no motion may ever be required
- Yes; the offended party alone issues leave
Legal references
- Rules of Court, Rule110 Sections2–5,14,16 and Rule111 Sections1–3: https://lawphil.net/courts/rules/rc_110-127_crim.html
- AM02-2-07-SC, April10,2002, amending Rule110 Section5 effectiveMay1,2002: https://lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html
- People v Peralta, GR257105, August27,2025, MAIN opinion, pre-plea amendment and Rule110 Section14 exception: https://lawphil.net/judjuris/juri2025/aug2025/gr_257105_2025.html
Answer this question in flashcards to review your response and continue practicing.