Philippine Bar review · Question

Practice question: Variance Between Allegation and Proof

Multiple Choice Easy

Practice question

Is comparison of statutory offense titles alone sufficient for the variance inquiry?
  1. No; the essential ingredients and allegations must be examined
  2. Yes; factual allegations never matter
  3. Yes; the case caption is conclusive on every element
  4. Yes; only the docket number matters
  5. Yes; only the prosecutor’s closing speech matters

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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