~ Chin-Ning Chav CRIMINAL PROCEDURE The Rules on Criminal Procedure is viewed by many invaluable tool in the litigation of criminal suits Though it has tndergone sev changes over the years — it has metamorphosed into a set of rules that is mone at pace with the ‘moder dlemancls of lit gants Statutes regulating the procedure of the courts will be nsttued as applicable to motions pending and undetermined atthe time ofthe passage: Nonetheless — jurisprudence reminds us that — as ultimate arbiters of the lay, We cannot and we should not continue to cleave with obstinate tenacity or persist in eiing, with rotelike consistency clearly inapposite oF inapplicable doctrines catalogued in works notable not for logical analysis but by thele reliance on the numerical weight of eases decid "Rul oa 209 SORA 6? [908fon the bases of disparate fact SIhvish obsession for footnotes, Perpetuating a misconception Spawned bythe inertia of cavalier reliance on supposed precedents isa disservice to the doctsine deci As a side bar — in Collector of Custo 2th High Court traced the historical beginnings to a certain exten nour law on criminal procedure as follows. It narrated that — During the Spanish reine, the rales of criminal scedure, were found inthe Provisional Law on Exiginal Procedure which accompanied. the Spanish Fe dade These two laws were published tn the Gincal Gasett sn Marila on March 13 and 14, 1887 and became effective four (4) months thereafter + While the Provisional Law on Criminal Procedure ‘Poop ve Pineda, 219 SCRA penadorel provided for a Justice ofthe peace org By peciminary exam The surat v ler_American When the Philippines came sovercignty, General Order No. 58 was promulgated by re US. Miltary Governot in the exercise of his the Iegishtive powers as commanderin-chi sy kemy and took effect on April 13, 1900 occupa Gangal Onder No. 58 was amended by Act No. 194 of ‘August 10, 1901, the Phlippine Bill of 1902, Act No. 530 rena 9, 1908, Act No. 1627 of July 1, 1907, the Jones Taw of 1316, Section 2474 ofthe Revised Administrative Code of 1917, Act No. 3082 of Mareh 10, 122. and Act No 4178 of December 5, 1934 173 SCRABS6, une 18, 1978 26 8; Fancico, Chil Procedure, 1900 $US. ve Taracong, sur, Nav, Cra! Procedure, 1960 ed, PP, 17) 74 Reva Vor 2 Prine Pera Code and Proce, 1990 0, pa, 11843 2 rina Cae of Po ducing the Spa and veved in the mugiiate “he ano ice! te Hae a search warrant upon Ns ry deseting te place earch wal he pe nei” comprehend! the Cou of Fit Irstance™ Also worth reiterating — the eminent Justice Emilio A. Gancayeo, in the celebrated case of Crespo? expleined the ‘cerca of a court's juradiction over a criminal case once the information is filed Howser, the action of the ctor prsecitor recut a hese mye (sc) ad maybe (ic eat rect t he Scclary of ste who fs fhe pose 1 niyo rere the action o pinion ofthe fc Drseuenty te Sean of tie may det that & mation fe demas the ee be fled i Court oF ethers, tht paint information im Court ‘att, The cout Werby sures cs, hich the authority f hear end ler the fling ofthe mpl or «cra foreaestof he ciel the tat court and the secs ee volentriy submited the Court dod the Court hry ace er the penonof te ac ‘ erguoas vx Yo 72 Po. 225 288 (1947) Maroes Cr 8 PR $8, {ony pau, Poole. Red. 55 Ph 708 710901, Pople vs Soon 47 Me casa 1885, Naver, Gana Poser 120 wd 1973: Pala GA No. 118090 Mc 5,198, 258 SORASOF ‘Hors ot Fedetco © Delgado ve Gonaing, 598 SCRASER, Aula OF, 2006ether «pina fc cas eis of the if After such the t reivesigation By the sal or @neiew ce whereby 0 moto! to dismiss cas ines that continues with Today, we have the Revised Guid the innovations introduced under its more recent predecessor — the Gu gation in Quezon City Trial Courts? — and expands the same with the following salient provisions: delines for Lit 1, Application — The Revised Guidelines apply to all newly-fled criminal cases, including those governed by Special Laws and Rules!" in the First and Second Level Courts, the Smdiganbayan and the FAM No 1-6-1056 (Re: Guseines for Ligation in Quszon Cty Th Cou) W Rapuble Act No. 8168. Cybercrime Provenion Act of 2012, Russ Procedure or Envtonmeral Cases, Rules of Procede fr intact! PoP oft Corse, and Criminal Cases cognizable by the Famly Cou Commercial Coute it of tax Appeals, I also applies to pending criminal cases with te the proceedings. It thot apply t© caves under the Rule on 2, Prohibited Motions — Under the Re Guidelines, the following are prohibited 3) Motion for jedicial determination ‘of probate case b) Mation for preliminary investigation filed beyond the five (3) day period in inquest proceedings! or when preliminary investigation is required" or allowed in. inquest proceedings and the accused failed participate despite due notice: ©) Motion for reinvestigation of the prosecutor who recommends the Filing of the information. once the linvormation has been filed before the court (1) if the motion is fled without prior leave (2). when preliminary investigation is equired and has been actually conducted and the grounds relied ‘upon in the motion are not rmsetorious, such as issues of ' Pronbted mations we dened Sutght etre AGH WON need of comment 1 Seton 6 Rua 112, Ruan of Cove 1 gecton 8 Rua 12, Ras of Cvnecused, oF hack of die procers wher the accuses! wan setually notified, among others 41) Motion to quash lrformation when the ground Is not one of hove ate inthe rullew"* ¢) Motion for bill of particulars that not conform to the rules: 1) Motion to suspend arraignment based on grounds not stated by the rules; and 5). Petition to suspend criminal action based on prejudicial question when no civil ease has been filed. 3. Postponements — Under the Re Guidelines, motions for postponements are prohibited, except based on Acts of Gad, force majeure or physical inability of the witness to appear and testify. If the motion is granted based on said cxceptions, the moving party shall be warned that the presentation of its evidence must still be finished on the dates previously agreed upon. A motion for postponement shall at all times be H Secon 3. ule 117, ules of Cout WSrcton Fide 116 Rules of Cour Secon 1), ule 116, Rules of Court Section 7 Rue 11, Rules ot Cour ald with the Offlee of the Clerk 6 Court. The Branch Clerk of Court shall accompanied by the original 4. Legal Assistance — Under the Revise Guidelines, 4 party tails to quality for PAO services, the IBP shall ide free legal assistance to the party. The IBP shall Executive Judge for posible appointment as counsel de officio in such Prosecution of Civil Liability — Under the Revised dines, where only the civil lability is being prosecuted, the head of the prosecution office may iste a written authority to a private prosecutor who may prosecute in the absence of the public prosecutor!® 6, Consolidation — Under the Revised Guidelines, consolidation of cases may be done even before raffing provided « motion for consolidation accompanies the filing before the Offce of the Clerk of Court Ita new case is Bled involving an accused who has been subjected to further investigation by the office of the prosecutor over a incident invatving the same subject matter as that of the already «aif information, the new case shall be signet lirectty fo the court where the earlier cases pending, provided, there is 1 motion foe consolidation from the officefof the prosecutor that accompanies its filing in court, The proceedings already had in the old ease may be adopted) Archival — Under the Revised G archiving ot cases shall be done within the period prescribed under the guidelines. A criminal case shall be archived only if, after the issuance of the felines, ant of arrest, the accused remains at large for six (6) months from the delivery the warrant to the proper peace office, Such ease may likewise be archived when proceedings therein are ordered suspended for an indefinite period due tothe following: a) The accused appears tobe suffering from an unsound mental condition b) A valid prejudicial question in a Givi action is invoked during the pendency of the criminal case: ©) An interlocutory order or incident in the criminal case is elevated to a higher court which issued a TRO or writ of preliminary injunction; and dd), When the accused has jumped bail before arraignment and canewt be arrested by the bondsman, SC Aaminiseative Crear No. 7-A- 02, ned OCA Creu No 89-2004 sip hs Ural tr he ‘upon personal examination of the accused. may allow a waiver o reading of the information upon understanding. and express consen’ of the accused and one's counsel, which consent shall be expressly stated both the minutes and certificate of arraignment and the onder of arraignment. Note that if the accused pleade guilty to the crime charge in the information, judgment shall be immediatly rendered, except tt those cases involving capital punishment Bail — Under the Revs Guidlines. 2 petition fo all fled after the Sing ofthe information sball be set for suramary hearing ater arraignment and pre-trial. It shall be heard and resolved Within 2 non- ‘extendible period of thirty (0) days from the date of the first hearing, except in drug cases which shall be heard and resolved within twenty GO) calendar days The accused need not proent evidence to) febut the prosecution's ‘evidence. Motion: fo reconsideration on the resolution of petition for bail shall be resalved within a nor-extendibie perio ff ten (10) calendar days from date of submission ofthe motors tea Bargaining — Under the: Rexel Gundelines plea Bargaining except in drag Cones shall Komesiagely prow, provided the peivate offended pat in private crime, oe the arresting officer in10 victimless crimes, 1s presant to give one's pro of the public tor. Thereafter, judgment shall din the proceedings, If there is no. plea bargaining or plea of guilty, the court shall immediately proceed with the autaignment and the pretrial, ‘The schedule of the trial dates, for both the prosecution and the accused, shall be continuous and within the periods provided in the Regular Rules or Special jal dates may be shortened depending on the muumber of witnesses to be presented. From the time of the arraignment and pre-trial it shall be set for trial within thirty (30) days. Trial on the merits shall be conducted for a period of six (6) months only and promulgation of judgment is set within ninety (90) days from submission of the case for decision for regular rules Arraignment and Pre-trial —Undler the delines, arraignment and pre teal shall be scheduled within ten (10) calendar days from date of receipt of the ‘ate for a detained accused, and within thirty (20) calendar days from the date the court acquizes jurisdiction over 9 non-detained accused. The setting, shall be incorporated in the commitment onder or in the approval of the bail in other cases. Notices shall. be sent to. the accused, his/her private complainant or complaining lav enforcement agent, public prosecutor and witnesses whose names appear i" counsel, LL. Pretrial shall proceed eve. On the are of arin provide, they hotified and the course forthe accused and the public prosecutor are present Diuring the pre-sial/ preliminary conference, the coust shall require the patties to stipulate on the testimonies of Wwitnewes who have no personal Knowledge of the material facts constituting the crimes; such a6, forensic chemists, medico-legal ‘auditors, engineers, custodians, expert wi fand other similar witnesses, who will testify on the authenticity, due execution |and the contents of public documents ‘and reports corroborative witnesses: and Ghose “who will tetify on the civil Hiabilty. This 4 without projudice to additional direct and oss ecamination questions, The documentary evidence for ‘both partes shall be marked. The pre trial order shall immediately be served upon the parties and counsel on the same day after the termination of the pre trial Mediation ‘Guidelines, this shall be referred 40 only aitec the arraignment and the pretrial! prvliminary canierence, The mediation Shall be. terminated within. a non= “eatenile period of thirty (@) calendar tay. Except for those cases explicitly ”der the d to mediation, The wing shall be referred to media ates Panibansa Blg. 22 Cases; d) Theft under Art, 308 of the Revised e) Estafa under Art, 315(1) of the Revised Penal Code, except estafe under Article 315(2) and (3); ) Other forms of swindling. under Article 316, of the Revised Penal dling of a minor under Article 317, of the Revised Penal Code 8) hh). Other deceits under Article 318, of the Revised Penal Code; Malicious Mischief under Article Cove: 327, of the Revised Per Libel by means of writings oF similar means under Art 355, of the Ri ised Penal Code » Republic Act No, 1161 as amended by Republic Act No. 8282 pute Act No, 9679 2 the Revied Penal publication of the Revved Penal Cade Gave Stinder (Grave Oral Defamation) — of serious and insulting ature under Article 38, par 1, of the Revie Per Simple Slande> (Oral Defamstion) not of a serious and insulting nature under Aricle 358, of the Revised Pen Cate Grave Slander by Deed of a serious nature under Article 359 pat 1, ofthe Revisl Peal Coe Simple Slander by Dees sot of 2 serious nature under Article 359, pat 2, Revd Penal Coe Incriminating innocent person under Article 363, Reese Penal Ces Intriguing agsinst haeor under Aisle 368, Reise Penal Ce %ee 8) Libel under the Cybererime i Prevention Act of 20128 where the Fiability may be civil in nature; from submission’ of case for 1) Criminal negligence under Title 14, So hudsagiet it b) Eneironmentat Cares — From liability may be civil in ature ancl ! Nekteoiucgbactias en be ac for hearing within thirty (00) day. Teal on the merit shall bo u) Intellectual property: rights casex conducted for a period of thee where the lability may be civil in months then fling of memoranda nature | in within thity 0) days and the P tad conused an information from a complaint was subse. or signed by" Ponce Deluna. It is the ‘cer that emporio imag the subject formation nthe pond th heerad (BY served bythe Cun the evaluation submited by hime maton toma ea pendent een ing th ew dens sn km mo in writing charging a penon with on eblemse scbsereed by the proseculor and fled with the court The Ree he 104 rete at be under ath cee have provided so. On Be ster and sco defined ss a swe aenest ang prc wath ifr, subscted by the offended pay sy” peace Sioeneveieeyemcae eS te Eide papi ta og rom a ‘oth 6 eemplant nd Sa cess reel ot unde cath Ba eeu nt ee {nec rea be oon ie ioe unde Be eee ee ee srt The gation ote pu pot ws ‘hie ima even bal etc op ‘mini cia a ag fp ad ew noche teem TS Oe lems ae fete yayhrabetemd orca ae goed eae eae {Ti the orm Os Se Re ihe hoo ws there be ged with special respeasing principally thatthe pr incip in regard thereto and with the special duty in ree: ct ation of, 38 stated In | Houvier'e ae condonation is the conditienal forgive under the special Tsp husband oF wife of matrimonial of 1 fad confused an information from a complaints committed bility of his oath of office, Chl Concubinage, — Article 33 ofthe Revised Penal Code iste three (3) specific acts of concabinage by a husband: (I) keeping 2 mvéon aba be pr mistress in the conjugal dwelling: (2) sexual intercourse, ander mston ard contol of the prsecuoy, scandalous circumstances, with a woman who is not is wie Fie ential bel Coe and (3) cohabiting with [a woman who i net his wife! in any Manispal Creut Tiel Courts when the other place ror ase ht the ce The offenses of seduction, abduction andl fx pubic if Acts of asdiviousnest ball” not be the lw soatnd may prosecute the cane. Thi prosecuted except upon » complaint Sed shor Solel tea nea by the offended party or hex parent, nat fhe ce Esncpects or guts Reponsl Trial Court) (This. Section was fase, AF the offender opealy repealed by AM. No, 02-2.07-SC effective pardoned by any of them. lf the efended party ties or” becomes incapectated before she can ie the complaint and she has no Known parents, grandparents or May 1, 2002) The crimes of adultery and concubinage chains Sell eee shall not be prosecuted except upon a ciinal cc Sa complain fled by the offended spouse. The offended party cannot institute Article 34 ofthe Revised Penal Code, provides criminal prosecution without including the guilty parties, if both alive, nor, in any Arh 34 Procention of the crime. of ten case, ifthe offended party has consented abvuns, site, auction, ape and at of to the offense or pardoned the offenders. Inteoasness ~The cries of ey coe shal rl fe procure apa fl ye ead Law; Concubiuage; Condonation; Old juris et hashed thatthe cynosure inte question of whether the wie the concubinage is in the wifes “tine of condicl 1 4 , assumption that [she] relly believed Irer _hustand Stl Diao. Oe te Cn aa aa ‘oncubinage.” — Old jurisprudence has held that the & tg jeer * sao v4 Ofc ot he Oneucian Mecano, 7OT SCRA 298, Cobar the question of whether the wife condoned the concubio"® © Estodilo vs Baluma, 426 SCRA 83, March 23, 2004 , . li1c fA ih the ofl party al ext Oe re pronisions of His parngraph a Mic abore-mcntioed crit ticle provides for the extinction of The aorequeted wT fos For the crimes of ada soe Tatilty of the offender. On the uchon, ‘ape snd scm cecogrined for extinguishing ciminal lability 39 P nd concubinage. the P> froults in the extinction of ather hand, in seduction Fasciviousness, two modes are aon and marriage. In all cases, howeve, the institution of the crimiml any pardon made rape criminal lability the pardon must come prior 10 ction. Afer the case has been filed in court by the private complainant, whether by sworn statement ofa the witness stand, cannot extinguish criminal lability ‘The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts fof lasciviousness independently of her parenis, grandparents, of guardian, unless she is incompetent or incapable of doing so, Where the offended party, who ip # minor, falls to file the complaint, her parents, grandparents, or guardian may file the same, The right to file the action ‘ranted to parents, grandparents OF * Feople vs, Dela urna, 390 SCRA S38, October 09, 2002 % guardian shall be axcusive of all other ‘ectnrly in der hea porto fxcapl at sted inthe procading paragraph Criminal Ls: Rape; Cra Procedure. A complaint of he offered party or er reatvs sere in crs opis cast out of consiertion for the effeed sora and her amily oho cfr 0 sfer outrage sence rather th 0 through with the Scandal ofa pubic trl. — A complaint ofthe offended party ot hher relatives is required in times ogninst chastity out of consideration for the offended woman and her family, who might prefer to sutfer the outrage in silence rather than. go through with the scandal of publ tral The lw deems it the wiser policy to let the aggrievest woman and ber family decide tshether 1 expose to public view or to heated controversies in court the vices, fault, ard disgracefsl act curring in the family ‘fa minor under the Rules of Court car file a complain for rape lepenently of her parents, an offended party. then 20 years of ape tho uns found to have the mentality of ex Syerold grt, cont se ile he complain indeperdenty of her rations. — We agree with the OSG that if minor ender the Rules of Court can ile complaint for rape independ of her parents, Jonalyn, then 20 years of age who was found to have the mentality of an ‘year-old gic, could likewise file the complaint independently of her relatives. Her complaint aumbe rightfully considered lect by Xo riminal action for defamation which consists in the imputation ofthe offenses ‘mentioned above shall be browght except the instange of and upon complaint filed by the offended patty a) Pepi va Dela Crs 386 SORA I a 18 2082 © Pople vs ola Cruz 84 SORA I ly, 2008nthe pe ding, personaly pintervenin a mses which’ cany rot In ance of the aarieved Panty. and je auch ofr ary 1 emp conduct of the ase may be gg, fhm the acti i osecuting officer ass puree up nes full responsibilty ‘ sad Guidelines, where only he inder the Re roaecuted, the head of the proses, Pry authority 9 @ private prosecutor yy of the public prosecutor” Finally — wan liability is being P fee poscate in the absence muy P spiciency of complaint or Mee” complaint oF if it states the informal ceased te designation of tne oasions cemplained of orange eae te name of sayeth approsizate da verammasion afte ovfense and te was comme place where the offens fs committed by more Sill of them shall be information ‘When an offens than one person, included in the complaint oF (oa) and Pe nation; Words ei charging. Procedure? In ation in information # am ace «neo pn he ome ws xo tn itor and filed the information’ ffense, subscribed ty tl purpose of the requireme 48 v0 Gillon, 97 Pil 280 Secten 5, ule 110, ues of Court 8 wrking changing a peron with sm olen prosecutor and fled with the court tobe ‘sccused the designation of the offence piven ty theses: th name of the offended party: the appnonings «commision af the oferse: and the pact when committed. The purpose of the er information's validity and stficency io cmable the aoe suitably prepare fr his defense since he prewaed independent knowledge ofthe facts that conse the A complaint or information iy suffiient if it states the name of the accused! the designation of the offense by. the statue; the acts or omissions complained of as constituting the ‘offense: the name of the offence party: the approxienate tee of the commission of the offense; andthe place wherein the offense was committe mead La Complaints The tins suman saleysey tick wos prepared in the ernaeular and the ‘complcint” In Eglch "fu the legal definition of “complaint es & “swore sutement person with a offense, subcrbal bythe ended pete — ‘The term “complin lal by the fred party” ou in Rue 410, Section 5, of the Rules of Court, sai the Cou in Pople ox ins, should be — "8 4 glam & ier of lose iteration ‘moaning a charge allegation, greynce, acest or deuneiaton? — rather the a strict egal construction for mre often ha wt the purty who files is unseeda i the ls The purpose of the npn Seton 3, Rude 10, merely iit ce commence the charging. People ve. Ching $38 SCRA 1, Nowa 2 ap? © Farasco ates. 5, 7 SORA 18 danny 12: 2015 168, Wests Lea! Tanna lenny0 prepared fn ‘ofthe information or he tation of the law allegedly violated but by the actual recital of A motion to quash information is the mode by which an accused assails the validity. of a criminal complaint or Information filed against him for insufficiency on its face in point of lav, or for defects which are apparent in the face a plant bs i —Imany event, the issue on the validity and sufficiency of the complaint has been belatedly put Ap by appellant. The matter could have been raised in a motion te quash the information pursuant to Section 3, Rule 117, ofthe Rules of Court which step he has failed to do. The ru le vs, Garcia, is that — "2 according to the Court's holding in P x xt any time before evtering hs ple, the accused may move to quash information onthe ground tha it does no conform substantial ribed form. The fare of the accused to asset any ground to quash bfre he pleads 0 the inform becuse to quash or foiled to allege the same is inds for a motion 10 quis ition, shal he deemed a wsver of th sry 28,1998 «People vs attlertos 288 SORA 22, Ja ++ Dela Cuesta va. Sanaganbayan. Fst Divon, 709 SORA 31 2010 ‘4 People vs Onan, 70} SCRA 8082013) 40 Compluat or iatrmation ma ame sll be serie i he compat Inormallon snd vcs (3) Plainly, the opening paragraph isan indispensible pat of the Complaint / Information, which normally sates the name of the accused. Its not necessary, much less mandatory, thatthe ame of the accused or his description be stated specifically in the second paragraph of the Information. Secon 6 Rule 110 of the Rules on Criminal Procedure sates — Sec. 6Sulicercy of Complaint of informaton, — A complaint or information is Safcient if it staes the name ofthe accused: the designation of the offense by the ati the acts or omissions complained of constituting the offense: the name of the offended party: the Sppronimate time of the commission of the offense; and the Place wherein the efense was commited. When the offense ie commited by more than ane person. all of them shall be inclucle in the complaint o information * Section & Designation of the fens, — ‘The complaint information sll sate the dnigration af the offense given by the atte, ver the acs or omissions Brattain, the offense, and speciy is + Peat on Baran 288 SORA samen 2,88 + pep Bibl S48 SORA Septambar 5 100 “quatlfying and aggravating, ircumatances, IF there no designation tthe offense, reference shall be made t0 the ection or subsection of the 4 punishing 118) Section & Rule 10 of the 2000 Revised Rules of Crlming) Procedure requires that the information specify the qualifying Tree mstances attending the commission of the crime For them to tercaneicered in the imposition of penolty, This requirement i eneficial to an accused and may, therefore, be piven Fetroactive nw; Criminal Procedure; Information. In one case Rem involving rape, te High Court had the opportunity to observed Rule 110, Section 8 of the Rules of Court, it is itor information shall stale. the that — Und equired that “the compla rignatton ofthe offense given ty the staite ig the offense, ces. If there is no de fo the section or subsection of the Statue er he acs ot specify ils qualifying. and ration of the afese, missions constitu ing eicustan shall be mai TThe information clearly charged: appellant with hable under Article 266-A of the Revised Tape Code the selevant portions of which provide: Arie ME sce When And How Committed: — Rape is commited = aye 1 knowledge of a woman unde punishing i. rape, a crime punish 1) By aman who shall have carnal a any of lowing circumstances: a) Through force, threat of Fn vn te onde party i deprived fay or is otherwise unconscious; c) By means of fraudulent ct chination or grave abuse of authority: d) When the offended party is under twelve (12) years of age OF demented, eve> though nove ofthe circumstances mentioned above be present Section 9. Cause of the accusation. — Tt seein misions complained of & the Conatituting the offense and ‘= People vs Rasima, 540 SORA 728, February 26, 2008 People vs Vida 708 SORA 92, October 23, 2013 2 yng and aggravating circumstances ate ba in tor person of common being charge and angravating cecumstances snd forthe Court to pronounce judgment. 2) Information. — It fundamental that, in criminal prosecutions every clement constituting the offense must be alleged in the Information before an accused can be convicted of the crime ‘Ghuiged. This is 10 apprise the accused of the nature of the Scctsation against him, which is past and parcel of the rights ecorded to an accused enshrined in Article Il, Section 142} of the 1987 Constitution. Section 6, Rule 110 ofthe Rules of Court, in tur, pettinently provides Section 6, Sufficiency of complaint ‘oF information, — A complaint oF information is sufficient it States the name of the acased, the designation of the offense by the statue, the acts or omissions eomplainet of as constituting, the offense, the name of the offended party: the approximate time ofthe commission ofthe offense, and the place wherein the foffense was committed, Jurisprudence bas already set. the Standard! on how the requirement is to be satisfied. Case law dictates thatthe allegations inthe Information must be in such form as is sulficent to enable a person of common understanding to know what offense is intends to be charged land enable the court to know the proper judgment, The Information must allege clearly and accurately the elements of the crime charged. The facts and circumstances necessary to be included therein are determined by reference to the definition nd elements ofthe specficcrimes’® Injormation. —The main purpose of requiring the elements cof a crime to be set out in the Information is to enable the ccs 0 suitably prepare his defense because he is presumed "> auenel va. Poop 820 809A 18 Apa 1 BOT?‘Mlogations of facts constituting he feat ‘cannot be waived, AS further explained in Aydt ib Jone of gullt may be, an accused cannot Be Convicted fj, cess necessarily Included. therein. TO convict hing natnox alleged while he is concentrating his defense pang Fores allaged would plainly be unfair and underhanag Pearle is that a variance between the allegation i iy ion and proof adduced ding tia shall be fatal iy sei fie material and prejudicial to the accused criminal co ch 20 that it affects his substantial rights ‘he purpose of alleging all the circumstances attending crime is for the accused to be able to adequately prepare forhs or her defens eal nature and cause of the actin recused. 6. the actual recital of facts stated in i Complain, not the copton or prevmble herent > have beer late, a What determines spetftion of the provision of law alleged aertasions of aw. — Indeed, the Court has consistently puta wm on the facs embodied im the, formalin & rather than on the designation ol bt tonstituting the offense effense in the caption. In fact, an investigating prosecutor SP fequired to be absolutely accurate in designating the ofeR formal name in the law. What determines the real nati tune ofthe accusation against an accused is the actual =o fads sated in the Information or Complaint, not the Pt) preamble thereof nor the specification of the provision © na SCAAS90 (2008) uml vs. People 823 SORA 18, Ap 18, 2017 ‘Peep Fela, J, 769 SCRA 7S 2018) “ sloped to hav on Vela, Helo cones of law I the fehooves tha Cour to place he text of the Information under Prutcg, Both qualifying and epgrmaling icin 7 Criminal Procedure scene and unequivocal that both qualifying and aggravating circumstances must be allege with Specify in the information (nthe Information, — Re 10 of the Information, — It not necessary that the description of the crime, as worded in the fenal provision allegedly violated, be mproduced verbatim in the accusatory portion of the Information before the accused can be convicted thereunder: Se. 9 Rule 110 ofthe Rules of Courts relevant on this point Section 9, Cause ofthe accusation. — The acs or ornissons complained ‘of as constituting the offense and the qualityieg and aggravating ‘Sreumstances must be sale! in ordinary and concise language Sand not necewarily in the language used in the statute but in terms sulficeent to enable a person of common understanding to know what offense is being charged as wall as is qualifying and aggravating circumstances and fer the court to pronounce jiklgment ‘The Court has held ima eitena of cases thatthe rule Satisfied when the crime ° describe iv ineligile terms with such particularity ato aprise th hae, ith reasonable certainty of the ‘oferse charged.” Furthermore, “the we of eroutives or synonyms or sons of eats cating he foe re Section 10, Mac of commission of the Soe, ~ The complain or information {s sulfitet (C1 can be understood from Its allegadons thatthe offense wan “ural ope #23 SCRA, Ap 2017 * Pore. Tata 844 SCRA 1, Far 8 2008 * curve Pope #28 SCRA 8A 8 2017