Philippine Bar review · Question

Practice question: Duplicity of the Offense

Multiple Choice Easy

Practice question

If several improperly joined offenses are charged but only one is proved, does waiver authorize convictions on the unproved offenses?
  1. Yes, every allegation becomes proof on waiver.
  2. No.
  3. Yes, waiver conclusively admits all counts.
  4. Yes, evidence is unnecessary after arraignment.
  5. Yes, the court must convict on all allegations.

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.