Practice question
An Information sufficiently charges homicide but contains no allegation of the aggravating circumstance that the prosecutor later seeks to establish. At trial, evidence supports that circumstance, and the prosecutor asks for an increased criminal penalty on that basis. The defense timely objects. What should the court do with the requested increase?
- Grant it because trial evidence always cures an omitted aggravating allegation.
- Reject that increase because proof alone does not cure the missing required allegation.
- Dismiss the homicide charge automatically.
- Treat the prosecutor's closing argument as an amended Information.
- Increase the penalty whenever the victim's family agrees.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 14, 62 and 64.
- Revised Rules of Criminal Procedure, Rule 110 Sections 8–9, allegation of qualifying and aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
- RA 9165, Section 25, statutory qualifying aggravation: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/1435
- RA 10175, Section 6, ICT-qualified offenses and one-degree enhancement: https://lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html
- RA 10591, Sections 3(v) and 29, loose-firearm definition and penalty rules: https://lawphil.net/statutes/repacts/ra2013/ra_10591_2013.html
- Togado v People, G.R. No. 260973, August 6, 2024, en banc main decision, firearm evidence guidelines: https://lawphil.net/judjuris/juri2024/aug2024/gr_260973_2024.html
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