People v. Trayco, 612 Phil. 1140, 1158-1159 (2009) citing People v. Bali-Balita, 394 Phil. 790, 809 (2000). [30] [31] Supra note 24. [32] See People v. Caoili, G.R. Nos. 196342 & 196848, August 8, 2017. [33] Revised Rules on Criminal Procedure, Rule 120, Sections 4 and 5. Section 4. Judgment in case of variance between allegation and proof. - When there is variance between the offense charge 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. Section 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. [34] People v. Leonardo, 638 Phil. 161, 198 (2010). [35] Quimvel v. People, G.R. No. 214497, April 18, 2017. [36] Id. [37] Navarrete v. People, 542 Phil. 496, 511 (2007). [38] Caballo v. People, 710 Phil. 792, 805 (2013). [39] See People v. Caoili, supra note 32. [40] TSN, September 10, 2007, pp. 14-15. [41] Id. at 16. People v. Egan, 432 Phil. 74, 90 (2002) citing People v. Tayag, 385 Phil. 1150 (2000). [42] [43] TSN, September 10, 2007, pp. 7-9.