Practice question
Does a lower penalty by itself establish that one offense is necessarily included in another?
- No; the required elements and allegations control
- Yes; punishment alone always decides inclusion
- Yes; every misdemeanor is included in every felony
- Yes; the accused’s wealth decides inclusion
- Yes; all offenses involving money are identical
Legal references
- Rules of Court, Rule120 Sections1–6; Rule110 Sections8–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
Answer this question in flashcards to review your response and continue practicing.