Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

The prosecution wants a generic aggravating circumstance considered at sentencing. Does Rule 110, Section 8 limit its specification requirement to qualifying circumstances alone?
  1. No; it expressly covers qualifying and aggravating circumstances.
  2. Yes, generic circumstances are always exempt.
  3. Yes, sentencing labels replace allegations.
  4. Yes, only the offense’s caption matters.
  5. Yes, proof automatically replaces every pleading requirement.

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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