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Philippine Bar review · Question

Practice question: Designation of the Offense; Qualifying and Aggravating Circumstances

Multiple Choice Hard

Practice question

A court proposes to appreciate a generic aggravating circumstance never put in issue by the accusation, merely because it notices suggestive evidence. Which is the proper starting rule?
  1. The court may always replace the accusation at sentencing.
  2. Rule 110 requires qualifying and aggravating circumstances to be alleged; the court cannot treat generic status as automatic notice.
  3. All adverse facts in evidence necessarily are pleaded aggravations.
  4. Only qualifying circumstances need notice.
  5. The prosecutor’s closing argument automatically amends every information.

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

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