Practice question
Facts constituting a graver necessarily inclusive charge were already known before the former plea. The State invokes only Section7(b), without supervening facts or an unauthorized lesser plea. Does the later decision to use the facts establish that exception?
- No; later use is not discovery only after plea
- Yes; prosecutors can reset the discovery date at will
- Every known fact is necessarily supervening
- The exception applies only to acquittals
- The caption alone proves later discovery
Legal references
- Rules111 Section7,116 Section11,117 and118: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Constitution ArticleIII Section21: https://lawphil.net/consti/cons1987.html
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