Philippine Bar review · Question

Practice question: Variance Between Allegation and Proof

Multiple Choice Hard

Practice question

An accused is charged with a graver offense whose allegations include every element of a lesser offense. The court finds all lesser-offense elements proved beyond reasonable doubt but a distinct additional element of the graver offense unproved. One party demands conviction of the greater offense; the other demands acquittal merely because the charge was greater. Which is correct?
  1. Convict of the graver offense despite the missing element
  2. Acquit solely because the information named the greater offense
  3. Permit conviction of any unrelated offense
  4. Convict of the necessarily included lesser offense proved, subject to the stated inclusion and evidentiary requirements
  5. Let the parties decide the judgment by agreement

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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