PEOPLE V.

GILO
10 SCRA 753
Facts: Percival Gilo was charged with a crime labelled as “Acts of Lasciviousness” as described
by the offended party before the Justice of the Peace court in Guimal, Iloilo. After conducting the
preliminary investigations, the justice of peace forwarded the case to the lower courts where the
provincial fiscal filed an information charging the similar crime of “Acts of Lasciviousness”. It
was alleged that the crime was committed “with lewd design.” After trial was conducted by the
court and the prosecution had rested its case, the appellant filed a motion to dismiss for lack of
jurisdiction in view of allegation of lewd design in the complaint subscribed by the offended party.
The court, however, deferred action on the motion until after the trial have been completed.
Thereafter, the court rendered decision finding that the act committed was merely one of unjust
vexation. Appellant interposed the present appeal.
Issue: WON the complaint charging acts of lasciviousness which does not allege lewd design is
fatally defective.
Held: Yes. Considering that the crime of acts of lasciviousness may be committed, it is necessary
that it be alleged that it was committed with lewd design, being an indispensable element for all
crimes against chastity. The complaint cannot be considered as acts of lasciviousness because of
the absence of such element, even if the complaint is labelled as acts of lasciviousness. What
characterizes a criminal charge is not the title itself but the body of the complaint or information.
The fatal defect can only be cured by making the proper correction in the complaint filed by the
offended party. The contention of the government that such filing upon the justice of peace is
untenable because the words “feloniously and criminally” that are alleged in the complaint are
general terms which denote the criminal intent of the accused but which do not necessarily connote
the idea of lust needed in the commission of this act. The absence of such element converts to
another crime, which is unjust vexation.