Philippine Bar review · Question

Practice question: Variance Between Allegation and Proof

Multiple Choice Easy

Practice question

If the offense charged is necessarily included in the greater offense proved, which offense does Rule120 Section4 authorize conviction of?
  1. The offense charged that is included in the offense proved
  2. Any uncharged greater offense automatically
  3. Any offense with the highest possible penalty
  4. An unrelated offense chosen after trial
  5. Every offense mentioned by a witness

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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