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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a capital offense case (murder with qualifying circumstances), the arraignment proceeds in open court. The accused, represented by counsel, submits a written plea of guilty and a waiver of defenses. The court immediately convicts and imposes sentence solely on the pleaded admission, with no prosecution evidence presented and no in-court inquiry into voluntariness or a record of the facts constituting the offense. The defense objects that there was no proper inquiry and no record of the factual bases, but the court proceeds to judgment. Which of the following statements best expresses the controlling rule and the proper remedy under Philippine law?

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Conviction is void; the remedy is to convert the case to a civil action and proceed accordingly. Conviction is void; the proper remedy is to set aside the judgment and remand for trial on the merits with a proper in-court inquiry into voluntariness and a record of the facts constituting the offense. Conviction is void; the remedy is to file a petition for direct review with the Court of Appeals to challenge the pleabargain-like process. Conviction is void only if the accused can show the plea was involuntary; if there is no such showing, the conviction remains valid.

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