Practice question
For one charge, competent proof establishes recruitment without authority. For a separate alleged estafa transaction, the prosecution offers only a receipt and no proof of the alleged false statement or reliance. It asks to transfer every finding from the first offense automatically. Which is best?
- The distinct estafa elements still require proof; unlicensed recruitment does not supply every missing fact.
- All recruitment findings automatically establish all fraud counts.
- The receipt conclusively establishes the missing statement.
- Separate offenses necessarily share every element.
- The defendant must prove the allegation false without prosecution evidence.
Legal references
- People v. Valle y Lapurga, G.R. No. 235010, August 7, 2024, main decision: https://lawphil.net/judjuris/juri2024/aug2024/gr_235010_2024.html
- People v. Marzan, G.R. No. 227093, September 21, 2022, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68766
Answer this question in flashcards to review your response and continue practicing.