Philippine Bar review · Question

Practice question: Variance Between Allegation and Proof

Multiple Choice Easy

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?
  1. Any more serious offense mentioned in testimony
  2. Every offense the prosecutor later suggests
  3. The included offense actually proved
  4. Only the graver charge even if an essential element is unproved
  5. 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.