Practice question
What must the prosecution do with a qualifying or aggravating circumstance that it seeks to use to increase the accused's criminal penalty?
- Mention it only during sentencing.
- Allege it in the Information and prove it beyond reasonable doubt.
- Establish it only by rumor.
- Obtain the victim's written demand for it.
- Leave it to judicial notice in every case.
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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