[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).
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