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Philippine Bar review · Question

Practice question: Place and Date of Commission of the Offense

Multiple Choice Hard

Practice question

An information gives a nearby approximate date, but the prosecution later seeks a change that alters a material timing element and undermines the already pleaded defense. It says Section11 makes every date change merely formal. Which is best?
  1. Section11 does not make every date change formal; materiality and prejudice must be assessed under the amendment rules
  2. Every date can always be changed after plea
  3. No date can ever be corrected
  4. An approximate date waives all substantive defenses
  5. The prosecutor’s chosen label alone settles prejudice

Legal references

  • Rule110 Sections11 and14: https://lawphil.net/courts/rules/rc_110-127_crim.html

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