Practice question
A robbery information describes the accused as 'Rico,' the name by which witnesses know him. During proceedings the court learns that his true name is Ricardo Santos. The defense demands automatic dismissal solely because the original charge used the known nickname. What should the court do on that ground?
- Automatically dismiss because a nickname is never allowed
- Insert the true name in the information and record; a known nickname is a permitted initial identification
- Automatically convict because the name has been verified
- Erase the offense allegations and retain only the true name
- Replace the accused with a different person who bears the nickname
Legal references
- Rules of Court, Rule 110, Sections 6–7 and 12.
- Reviewed primary authority, Rule 110, Sections 6–7 and 12: https://lawphil.net/courts/rules/rc_110-127_crim.html
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