Practice question
An information sufficiently charges homicide but alleges no circumstance qualifying it as murder. Evidence later suggests treachery. May the court use Rule 120's variance rule alone to convict of the uncharged graver murder offense?
- No; the rule does not authorize conviction of the uncharged greater offense on these facts
- Yes; proof always expands the accusation
- Yes; surprise at trial replaces an allegation
- Yes; the accused's silence rewrites every charge
- No; therefore homicide must also be ignored
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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