Practice question
If the offense proved is necessarily included in the graver offense charged, of what may the accused be convicted under Rule 120, Section 4?
- Any more serious offense mentioned in testimony
- Every offense the prosecutor later suggests
- The included offense actually proved
- Only the graver charge even if an essential element is unproved
- No offense under any circumstances
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).
Answer this question in flashcards to review your response and continue practicing.