Practice question
Two property offenses carry different penalties, but the lower-penalty offense has an essential entrustment element absent from the charge and not necessarily included in it. Is the smaller penalty alone enough to use Section4?
- No; an essential-element relationship is still required
- Yes; every cheaper penalty is an included offense
- Yes; both concern property so elements never matter
- Yes; the same complainant makes them identical
- Yes; lower punishment eliminates the right to notice
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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