Practice question
A sufficient murder information alleges an unlawful intentional killing qualified by treachery. The evidence proves the unlawful intentional killing, but no qualifying circumstance. Assuming no other circumstance changes the offense, may the court convict of homicide?
- No; failure to prove treachery always requires complete acquittal
- No; homicide can never be included in murder
- Yes; homicide is the necessarily included offense proved on these facts
- Yes; but the court must still impose the murder penalty
- No; only the complainant may choose a substitute charge
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
- https://lawphil.net/judjuris/juri2025/may2025/gr_239523_2025.html — Satuito v. People, G.R. Nos. 239523-33 et al., May 19, 2025, MAIN decision, Part IV (variance and included offenses).
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III §§12 and 14 (custodial safeguards and right to be informed of the accusation).
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