1964 RULES OF COURT OF THE PHILIPPINES Promulgated January 1, 1964 RULE 118 PLEAS Section 1.

Defendant's plea to the complaint or information.—The defendant shall plead to the complaint or information either by a plea of guilty or not guilty, submitted in open court, and entered of record; but a failure so to enter it shall not affect the validity of any proceeding in the cause. Sec. 2. Refusal to plead.—If the defendant refuses to Plead, a plea of not guilty shall be entered for him. Sec. 3. Plea of guilty to be entered by defendant himself except in minor offenses.—A plea of guilty can be put in only by the defendant himself in open court, except Where the charge is for a misdemeanor or a minor offense in which the penalty that may be imposed is a fine not exceeding two hundred pesos (P200), in which case the plea of guilty may be entered on defendant's behalf by his authorized counsel. Sec. 4. Plea of guilty of lesser offense.— The defendant with the consent of the court and of the fiscal, may plead guilty of any lesser offense than that charged which is necessarily included in the offense charged in the complaint or information. Sec. 5. Plea of guilty—Determination of punishment. — Where the defendant pleads guilty to a complaint or information, if the court accepts the plea and has discretion as to the punishment for the offense, it may hear witnesses to determine what punishment shall be imposed. Sec. 6. Plea of guilty—Withdrawal of.—The court may in its discretion at any time before sentence permit a plea of guilty to be withdrawn. If judgment of conviction has been entered thereon and the same has not become final, the court may set aside such judgment, and allow a plea of not guilty, or, with the consent of the fiscal, allow a plea of guilty of a lesser offense which is necessarily included in the charge.

Sign up to vote on this title
UsefulNot useful