Practice question
Two offenses are alleged with facts establishing that one is a necessary means to commit the other within Article 48. Does the mere presence of two offense components inevitably establish prohibited duplicity?
- Yes, Article 48 never interacts with Rule 110.
- Yes, every necessary-means allegation requires automatic acquittal.
- Yes, no complex crime may be charged in one information.
- No; the legally applicable single-punishment rule must be considered.
- Yes, a court must ignore the statutory relationship.
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.