Practice question
A qualifying circumstance is alleged in broad terms but inadequately detailed. The accused fails to use the proper timely remedies, and the circumstance is proved at trial. Does the defective detail invariably prohibit appreciation?
- Yes, every detail defect is absolutely nonwaivable
- No, proof of the circumstance is unnecessary after waiver
- No, waiver permits conviction of any wholly unrelated offense
- Every complete omission is necessarily identical to inadequate detail
- No; Solar’s qualified waiver rule may permit appreciation when the circumstance is proved
Legal references
- People v. Lastimosa, G.R.265758, February3 2025: https://lawphil.net/judjuris/juri2025/feb2025/gr_265758_2025.html
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