Practice question
An accused says two Code provisions both mention real property, so the court must automatically apply the lighter one despite different elements. The charged deceit offense is clearly applicable and proved; the alternative requires a different factual situation not established. Which is best?
- Shared vocabulary necessarily makes the offenses identical
- The lower number of years always selects the offense
- Every real-property dispute is noncriminal
- The court may discard the Information without analysis
- Pro reo does not erase differences in statutory elements or require an inapplicable lighter offense where the applicable law is clear
Legal references
- Spouses Dulay v.People, GR215132, September13,2021: https://lawphil.net/judjuris/juri2021/sep2021/gr_215132_2021.html
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