[8] See Notice of Appeal, id. at 133. [9] CA rollo, pp. 74-75 [10] Id. at 75. [11] Id. at 80 [12] Id. at 86-88. [13] Id. at 91. [14] Rollo, p. 20. [15] Id. at 24-27. [16] Id. at 28-32. [17] Id. at 7-11. SEC. 4. Judgment in case of variance between allegation and proof. – When there is a variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. [18] SEC. 5. When an offense includes or is included in another. – An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter. [19] People v. Pareja, 724 Phil. 759, 784 (2014); People v. Rellota, G.R. No. 168103, August 3, 2010, 626 SCRA 422, 448; People v. Abulon, 557 Phil. 428, 455 (2007). [20] [21] TSN, March 21, 2006, records, pp. 70-74. [22] TSN, April 2, 2007, records, pp. 89-91. [23] People v. Esugon, 761 Phil. 300, 311 (2015).