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Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

A homicide information contains no allegation of the victim’s dwelling or any corresponding circumstance. The prosecutor seeks a dwelling aggravation solely by calling it generic. Which is correct?
  1. Every generic circumstance is automatically included.
  2. Generic classification does not dispense with the required allegation.
  3. A witness may amend the information by testifying.
  4. The court must add every possible circumstance itself.
  5. The accused must allege the prosecutor’s desired aggravations.

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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