Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

An information adequately alleges two distinct aggravating circumstances. Does allegation alone conclusively establish them?
  1. Yes, an allegation is a final factual finding.
  2. Yes, the accused must disprove every allegation beyond reasonable doubt.
  3. No; the prosecution must establish the circumstances under the applicable proof standard.
  4. Yes, no evidence concerning circumstances is admissible.
  5. Yes, the caption constitutes sworn proof.

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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