Practice question
An accused timely challenges two unrelated offenses in one information. The prosecutor merely says they show a similar method. Does similarity alone establish Article 48’s necessary-means relationship?
- Yes, every similar method is a complex crime.
- Yes, a common motive always prescribes one punishment.
- Yes, all offenses by one person merge.
- Yes, similarity abolishes the statutory predicates.
- No.
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/
Answer this question in flashcards to review your response and continue practicing.