Practice question
A circumstance is inadequately described using only a broad label. The defense did not timely challenge the detail and the prosecutor invokes Solar, but the evidence never proves the circumstance. May waiver alone supply it at sentencing?
- Yes, silence conclusively proves all circumstances
- No; waiver of the pleading-detail objection does not prove the circumstance
- Yes, a prosecutor’s request is evidence
- Yes, every charged circumstance must automatically be appreciated
- No circumstance can ever be appreciated after a detail defect
Legal references
- People v. Lastimosa, G.R.265758, February3 2025: https://lawphil.net/judjuris/juri2025/feb2025/gr_265758_2025.html
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