Log In Create Account

Philippine Bar review · Question

Practice question: Cause of the Accusation

Multiple Choice Medium

Practice question

An information describes an alleged false representation, the induced delivery, the property and resulting loss. Must the cause-of-accusation inquiry ignore those operative allegations merely because the prosecutor used a different statutory sentence structure?
  1. Yes, only verbatim statutory syntax is permitted.
  2. Yes, facts are irrelevant if sentence order differs.
  3. Yes, every accusation must reproduce the entire statute.
  4. No; intelligible ultimate facts are assessed in ordinary and concise language.
  5. Yes, punctuation alone conclusively proves innocence.

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.