Practice question
The court finds convincing evidence identifying the accused but reasonable doubt remains about an essential element of the charged offense. No necessarily included offense has been established. The prosecutor asks for conviction because most of the case is strong. Which is correct?
- Strong proof of identity automatically supplies every element
- The remaining reasonable doubt on an essential element prevents conviction of the offense on these facts
- The number of proved elements alone controls
- The accused must confess to resolve the doubt
- A serious charge permits a lower standard
Legal references
- A.M. No. 19-08-15-SC, Rule 133, Sections 2 and 4; Patotoy v. People, G.R. No. 257910, March 4, 2025, main decision.
- Reviewed primary authority, Rule 133, Sections 2 and 4: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
- Reviewed primary authority, Main decision, prosecution burden and presumption of innocence: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html
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