Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

An information’s caption names a graver offense, but the body’s material facts describe only a different charge and omit the alleged factual basis for the graver classification. The prosecutor says the heading conclusively controls. Which is best?
  1. The actual factual recital, read with law and applicable pleading rules, controls rather than the caption alone
  2. The caption overrides every material allegation
  3. The court may convict of any offense proved without regard to notice
  4. A wrong caption always requires acquittal despite sufficient facts
  5. The accused’s preferred title controls the offense

Legal references

  • People v. Solar, G.R.225595, August6 2019: https://lawphil.net/judjuris/juri2019/aug2019/gr_225595_2019.html

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