Practice question
Must an aggravating circumstance relied upon against the accused be alleged in the information under Rule110?
- Only an unfiled police rumor is needed
- No, it may always be invented only at sentencing
- Yes
- Only a private observer must approve
- No allegation is needed because it concerns punishment
Legal references
- Revised Penal Code, Articles14(9)-(10),19-20 and160, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
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