Philippine Bar review · Question

Practice question: Variance Between Allegation and Proof

Multiple Choice Easy

Practice question

Does a lower penalty by itself establish that one offense is necessarily included in another?
  1. No; the required elements and allegations control
  2. Yes; punishment alone always decides inclusion
  3. Yes; every misdemeanor is included in every felony
  4. Yes; the accused’s wealth decides inclusion
  5. 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

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