Philippine Bar review · Question

Practice question: Lesser Offense

Multiple Choice Easy

Practice question

Under the ordinary Rule 116, Section 2 procedure, what relation must the proposed lesser offense bear to the offense charged?
  1. It may be any unrelated offense selected by the accused
  2. It must be necessarily included in the offense charged
  3. It must always carry the same penalty
  4. It must be a civil wrong only
  5. It must be committed by a different person

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 §§1–8 (arraignment, pleas, searching inquiry, counsel); Rule 115 §1.
  • https://lawphil.net/judjuris/juri2025/feb2025/gr_263038_2025.html — Aguiling v. People, G.R. No. 263038, February 17, 2025, MAIN decision (plea bargaining in drug cases; judicial framework and objection based solely on inconsistent DOJ policy).
  • https://lawphil.net/judjuris/juri2025/jan2025/gr_259094_2025.html — Aquino v. People, G.R. No. 259094, January 28, 2025, EN BANC MAIN decision (drug-case plea bargaining framework and objections).

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