Practice question
After a valid conviction for the lesser injury offense, the victim dies from the same assault, creating the graver offense through a supervening fact. Assume the death and causal connection are established and Rule 117’s other requirements apply. Does the prior conviction invariably bar the graver prosecution?
- Yes, supervening facts are expressly excluded from the rule.
- Yes, no lesser conviction can ever be followed by a graver charge.
- Only the victim’s surname matters.
- Section 7 expressly recognizes an exception where the graver offense develops from supervening facts arising from the same act.
- The prior sentence must automatically be ignored.
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 21.
- Rules of Court: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Rule 117, Section 7.
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