Practice question
The prosecution establishes a same-title prior final conviction but recidivism was not alleged in the information. It asks the court to appreciate it solely because the evidence emerged during sentencing. No valid amendment or other applicable exception exists. What safeguard matters?
- The Rule110 allegation requirement for aggravating circumstances
- Evidence always eliminates the charging requirement
- Every prior conviction automatically aggravates without notice
- The accused must amend the prosecution’s information
- Only the judge’s later preference matters
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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