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Philippine Bar review · Question

Practice question: Duplicity of the Offense

Multiple Choice Hard

Practice question

After waiver of duplicity, a judgment announces guilt for three charged offenses but supplies findings and proof only for one. Does waiver cure that defect in the other convictions?
  1. No; each conviction must satisfy the charged-and-proved and separate-findings requirements.
  2. Yes, waiver supplies all missing evidence and reasons.
  3. Yes, one proven offense necessarily proves all others.
  4. Yes, the prosecutor’s joinder conclusively determines guilt.
  5. Yes, every remaining sentence follows automatically.

Legal references

  • Rules of Court, Rule 110, Sections 7-15; Rule 116, Section 9; Rule 117, Sections 3(f) and 9; Rule 120, Section 3, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Revised Penal Code, Article 48, as amended by Act 4000 (grave or less grave felonies), official consolidated text: https://pcw.gov.ph/act-no-3815-the-revised-penal-code/

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