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?
- The required pleading and legal and evidentiary predicates must still be satisfied.
- The word alone conclusively establishes every predicate.
- Every offense after sunset is automatically aggravated without inquiry.
- The accused’s denial proves the circumstance.
- 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
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