Philippine Bar review · Question

Practice question: Variance Between Allegation and Proof

Multiple Choice Hard

Practice question

The information’s factual allegations contain all elements of L. At trial, proof also suggests distinct graver G, but the pleading never alleges G’s additional element. The judge proposes a G conviction solely because the evidence is stronger than expected. Which is correct?
  1. Proof of greater conduct does not authorize bypassing the charged-offense limit; L may be adjudicated if established
  2. Unexpected strength automatically amends every allegation
  3. A witness may orally amend the charge by adding an element
  4. The highest discovered offense must always be imposed
  5. A lower charged offense prevents any judgment at all

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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