Practice question
An information alleges coordinated conduct by several accused but no facts showing a deliberately adopted defenseless mode of attack. May the prosecutor equate conspiracy alone with a sufficient factual allegation of treachery?
- Yes, any two accused automatically establish treachery.
- Yes, conspiracy is a universal substitute for every circumstance.
- Yes, the number of names conclusively proves a defenseless attack.
- No; coordination and treachery are distinct matters requiring their respective factual bases.
- Yes, the judge may infer that every attack was treacherous from the caption.
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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