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Results for “Criminal Procedure Section 2. Plea of guilty to a lesser offense”

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Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Agreement | ESSAY Medium

Under Rule 118, in a criminal case the prosecution and defense sign a written pre-trial agreement stipulating: (i) th...

Under Rule 118, in a criminal case the prosecution and defense sign a written pre-trial agreement stipulating: (i) the prosecution will drop one related charge; (ii) the accused will plead guilty to a lesser offense; (ii...

Citations: Rules of Court, Pre-trial Agreements under Rule 118 (as applicable), Constitutional protections on due process and voluntariness in criminal procedure

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Lesser Offense | ESSAY Medium

An information filed in the Regional Trial Court charges the accused with estafa through the use of deceit in the col...

...included in the offense charged. (b) Distinguish the requirements and procedure for a valid plea to a lesser offense from a standard guilty plea to the offense charged. (c) Apply the doctrin...

Citations: Rules of Court, Rule on guilty plea to lesser included offense (Rule 116).

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Non-capital Offense | ESSAY Medium

Rogelio Santos is charged with Estafa (a non-capital offense) in the City of Davao. At arraignment, he pleads guilty...

...Sec. 3, Rules of Court, Constitution of the Philippines, Article III, Section 14 (Right to counsel and due process)

Citations: Rule 116, Sec. 3, Rules of Court, Constitution of the Philippines, Article III, Section 14 (Right to counsel and due process)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Lesser Offense | ESSAY Medium

An information filed in the Regional Trial Court charges the accused with robbery with violence upon a person. The ev...

...included in the offense charged. (b) Distinguish the requirements and procedure for a valid plea to a lesser offense from a standard guilty plea to the offense charged. (c) Apply the doctrine to the facts: Is the convict...

Citations: Rule 116, Rules of Court (as to plea proceedings and lesser offenses)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Agreement | ESSAY Medium

Under Rule 118 of the Rules of Court, in a criminal case the prosecution and the accused sign a written pre-trial agr...

Under Rule 118 of the Rules of Court, in a criminal case the prosecution and the accused sign a written pre-trial agreement with these terms: (i) the prosecution will drop a related charge arising from the same act; (ii)...

Citations: Rules of Court, Rule 118

Question Criminal Law | Duty of Courts when Act is Non-punishable or Penalty is Excessive | ESSAY Medium

(a) A city environmental officer issues a permit allowing the discharge of treated wastewater into a river under a lo...

...the governing rule. Revised Penal Code (Act No. 3815), Rules on Court Procedures (provisions on lesser-included offenses)

Citations: Revised Penal Code (Act No. 3815), Rules on Court Procedures (provisions on lesser-included offenses)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Agreement | ESSAY Medium

Under Rule 118, in a criminal case the prosecution and the accused sign a written pre-trial agreement with terms: (i)...

Under Rule 118, in a criminal case the prosecution and the accused sign a written pre-trial agreement with terms: (i) the prosecution will drop one related charge; (ii) the accused will plead guilty to a lesser offense...

Citations: Rules of Court, Rule 118, Constitution, Article III, Due Process Clause

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Lesser Offense | ESSAY Medium

In a case pending before the Regional Trial Court, the information charges the accused with robbery with violence upo...

...included in the offense charged. (b) Distinguish the requirements and procedure for a valid plea to a lesser offense from a standard guilty plea to the offense charged. (c) Apply the doctrine to the facts: Is the convict...

Citations: Rules of Court, Rule 116

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Lesser Offense | MULTIPLE_CHOICE Medium

In a case pending before the Regional Trial Court, information charges the accused with qualified theft arising from...

...included in the offense charged. (b) Distinguish the requirements and procedure for a valid plea to a lesser offense from a standard guilty plea to the offense charged. (c) Apply the doctrine to the facts: Is the convict...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Lesser Offense | MULTIPLE_CHOICE Medium

In a case pending before the Regional Trial Court, information charges the accused with robbery with violence upon a...

...included in the offense charged. (b) Distinguish the requirements and procedure for a valid plea to a lesser offense from a standard guilty plea to the offense charged. (c) Apply the doctrine to the facts: Is the convict...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Lesser Offense | MULTIPLE_CHOICE Medium

In a case pending before the Regional Trial Court, information charges the accused with murder with treachery. The ev...

...included in the offense charged. (b) Distinguish the requirements and procedure for a valid plea to a lesser offense from a standard guilty plea to the offense charged. (c) Apply the doctrine to the facts: Is the convict...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Suspension of Arraignment | ESSAY Medium

Facts: A criminal information charges A with frustrated robbery in the RTC. On the scheduled arraignment date, A appe...

Facts: A criminal information charges A with frustrated robbery in the RTC. On the scheduled arraignment date, A appears with no counsel. The defense, claiming the lack of counsel, moves for postponement to allow appoint...

Citations: Rule 116, Rules of Court (Arraignment and Plea), Constitution, Article III, Section 14(2) (Right to counsel in criminal prosecutions)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Agreement | MULTIPLE_CHOICE Medium

In a criminal case for estafa through misappropriation, the prosecution and the accused sign a written pre-trial agre...

In a criminal case for estafa through misappropriation, the prosecution and the accused sign a written pre-trial agreement under Rule 118 providing: (i) the prosecution will drop a related charge arising from the same sc...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Agreement | MULTIPLE_CHOICE Medium

In a criminal case for homicide, the prosecution and the accused sign a written pre-trial agreement under Rule 118 pr...

In a criminal case for homicide, the prosecution and the accused sign a written pre-trial agreement under Rule 118 providing: (i) the prosecution will drop a related charge arising from the same incident; (ii) the accuse...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Pre-trial Agreement | MULTIPLE_CHOICE Medium

In a criminal case for robbery with physical injuries, the prosecution and the accused signed a written pre-trial agr...

In a criminal case for robbery with physical injuries, the prosecution and the accused signed a written pre-trial agreement under Rule 118 providing: (i) the prosecution will drop a related charge arising from the same a...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Trial In Absentia | ESSAY Medium

Antonio Dizon is charged with kidnapping for ransom in the Regional Trial Court of Cebu City, Branch 7. He was arraig...

...the Regional Trial Court of Cebu City, Branch 7. He was arraigned and pleaded not guilty. On the date set for trial, Dizon is absent despite valid summons; his counsel is present in court. After warning the parties that...

Citations: Rules of Court – Trial in Absentia doctrine; due process considerations in absentia trials, General Philippine criminal procedure principles on relief from judgment and appeals

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Searching Inquiry | ESSAY Medium

During arraignment in a criminal case against accused L for estafa by means of false pretenses, the judge fails to pe...

During arraignment in a criminal case against accused L for estafa by means of false pretenses, the judge fails to perform a proper searching inquiry. The accused speaks a regional dialect and the court does not arrange...

Citations: Rule 116, Sec. 3, Rules of Court

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Searching Inquiry | MULTIPLE_CHOICE Medium

During arraignment in a criminal case against accused P for theft of a motor vehicle, the judge fails to perform a pr...

During arraignment in a criminal case against accused P for theft of a motor vehicle, the judge fails to perform a proper searching inquiry. The accused speaks a Hiligaynon dialect; the court does not arrange for a trans...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Non-capital Offense | MULTIPLE_CHOICE Medium

(a) Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings re...

(a) Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings required to support such a plea. (b) Juancho Alba is charged with Estafa, a non-capital offense, in Cagay...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Non-capital Offense | ESSAY Medium

(a) Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings re...

(a) Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings required to support such a plea. (b) Marcos Dela Cruz is charged with Theft, a non-capital offense, in Il...

Citations: Rules of Court, Rule 116 (Guilty Plea)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Non-capital Offense | ESSAY Medium

(a) Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings re...

(a) Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings required to support such a plea. (b) Maria Santos is charged with Violation of B.P. Blg. 22 (the bouncing...

Citations: Rules of Court, Rule 116, Sec. 3

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Non-capital Offense | MULTIPLE_CHOICE Medium

Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings requir...

Identify the controlling rule on accepting a guilty plea to a non-capital offense and the in-court proceedings required to support such a plea. Apply the rule to the following scenario: In Bacolod City, J. Ramos is charg...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Double Jeopardy | ESSAY Medium

Facts: A is charged in the Regional Trial Court (RTC) for homicide by information I1. After arraignment and plea, the...

...mine whether reprosecution is permissible. Constitution, Article III, Section 21 (Double Jeopardy), Rules of Court, Rule 117 (Motion to Quash)

Citations: Constitution, Article III, Section 21 (Double Jeopardy), Rules of Court, Rule 117 (Motion to Quash)