Practice question
A fraud charge attributes the representation to the accused but leaves the allegedly induced transaction wholly unidentified despite a timely demand for necessary particulars. Which response best serves Section 9?
- Tell the accused to guess which transaction will be tried.
- Use the filing fee as the only factual accusation.
- Treat every transaction during the accused’s lifetime as charged.
- Declare the charging omission itself proof of guilt.
- Identify the material accusation and supply the necessary particulars through the proper procedure.
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
- CICL XXX v. People, G.R. No. 238798, March 14, 2023, EN BANC MAIN decision, especially its discussion of pleading discernment and waiver (not the separate dissenting opinions): https://lawphil.net/judjuris/juri2023/mar2023/gr_238798_2023.html
Answer this question in flashcards to review your response and continue practicing.