Log In Create Account

Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

The prosecution alleges nighttime but supplies no facts or proof that legally support its intended aggravating use. It says listing the word guarantees a higher penalty. Which is sound?
  1. The required pleading and legal and evidentiary predicates must still be satisfied.
  2. The word alone conclusively establishes every predicate.
  3. Every offense after sunset is automatically aggravated without inquiry.
  4. The accused’s denial proves the circumstance.
  5. The penalty must increase merely because the prosecutor requests it.

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

Answer this question in flashcards to review your response and continue practicing.