Practice question
An information alleges an essential ingredient in the trial court’s territory, but the trial evidence establishes that the entire offense occurred elsewhere. No special territorial exception applies. May the prosecutor rely forever on the allegation despite the established contrary facts?
- Yes, an allegation can never be tested
- No; territorial competence must be supported, not preserved by a disproved location allegation
- Yes, the prosecutor may conclusively invent commission location
- The accused’s merits defense automatically supplies territorial authority
- The court must convict merely to preserve jurisdiction
Legal references
- Brodeth v. People, G.R.197849, November29 2017: https://lawphil.net/judjuris/juri2017/nov2017/gr_197849_2017.html
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