28-36.

28. What is the effect of the amendment to include allegations of habitual delinquency and
recidivism?
The amendment is valid. Under the Rules of Court, any formal amendment after plea is
allowed provided it is with leave of court. Such allegations in the information of habitual
delinquency and recidivism are mere formal amendments.

29. What is the reason for the rule which requires that the information must allege the
designation of the offense?
The reason is to enable a person of common understanding to know what offense is
intended to be charged, and enable the court to pronounce proper judgment.

30. What is the effect if an accused was charged was charged with violation of R.A. No. 7610
alleging that he committed sexual abuse on his daughter?
The accused can be convicted of the crime of lascivious conduct under Section 5(b) of R.A.
No. 7610. R.A. No. 7610 finds application when the victims of abuse, exploitation or discrimination
are children or those "persons below 18 years of age or those over but are unable to fully take care
of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition."

31. What is the effect if accused did not call the attention of the court on the defect of the
information?

The effect if accused did not call the attention of the court on the defect of the information
is that it shall be deemed a waiver of any objections except those based on the grounds provided
for in paragraphs (a),(b), (g), and (i) of Section 3 of Rule 117. Section 9, Rule 117 of the Rules of
Court provides:

Sec. 9. Failure to Move to Quash or to Allege Any Ground Therefor. - The failure of the
accused to assert any ground of a motion to quash before he pleads to the complaint or
information, either because he did not file a motion to quash or failed to allege the same in
said motion, shall be deemed a waiver of any objections except those based on the grounds
provided for in paragraphs (a),(b), (g), and (i) of Section 3 of this Rule.

32. The facts alleged in the information determine nature of information. Is this true?
 Yes. What is controlling is not the title of the complaint, nor the designation of the offense
charged or the particular law or part thereof allegedly violated, these being mere conclusions of
law made by the prosecutor, but the description of the crime charged and the particular facts
therein recited.

33. When is there sufficiency of allegations for the prosecution of hazing?

There is sufficiency of allegations for the prosecution of hazing if the following elements
are present:

1. That there is an initiation rite or practice as a prerequisite for admission into

membership in a fraternity, sorority or organization;

2. That there must be a recruit, neophyte or applicant of the fraternity, sorority or

organization; and

3. That the recruit, neophyte or applicant is placed in some embarrassing or humiliating

situations such as forcing him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury.

34. There can be no conviction for an offense that has already prescribed. Reason?

Article 89 of the Revised Penal Code provides that the prescription of crime has the effect
of totally extinguishing the criminal liability.

35. What is the effect of discrepancies as to time of occurrence of offense alleged?

Such an error is not fatal; it is deemed supplanted by the evidence presented by the
prosecution.

In crimes where the date of commission is not a material element, it is not necessary to
allege such date with absolute specificity or certainty in the information. The Rules of Court
merely requires, for the sake of properly informing an accused, that the date of commission be
approximated.

36. When should the amendment of the information downgrading the nature of the offense
or excluding an accused be made?
 The amendment is done before the accused enters his plea. Section 14, Rule 110 of the
Revised Rules of Criminal Procedure governs the matter of amending the information:

Amendment or substitution. A complaint or information may be amended, in form or in

substance, without leave of court, at any time before the accused enters his plea. After the
plea and during the trial, a formal amendment may only be made with leave of court and
when it can be done without causing prejudice to the rights of the accused.

However, any amendment before plea, which downgrades the nature of the offense
charged in or excludes any accused from the complaint or information, can be made only upon
motion by the prosecutor, with notice to the offended party and with leave of court. The court
shall state its reasons in resolving the motion and copies of its order shall be furnished all parties,
especially the offended party.