2.

Information
FORM NO. 246. Abduction with Consent
(See Arts. 343, 344, R.P.C.)

(Caption and Title)

INFORMATION

The undersigned, provincial fiscal, upon sworn complaint originally file by the offended
party, accuse
________________ of the crime of Abduction with Consent, committed as follows:

That on or about ______________ in the municipality of ________________, province

of ________
, Philippines, within the jurisdiction of the Court, the said accuse willfully, unlawfully, and
feloniously removed, took and carried away ____________________________ , a

An information is an accusation in writing charging a person with an offense subscribe

by the fiscal and filed with the court. (Sec. 3, Rule 110, Revised R.C.)
The fiscal or state attorney or his assistants shall certify under oath in the information to
be filed by him that the defendant was given a chance to appear in person or by counsel at said
examination and investigation: Provide, That no assistants fiscal or state attorney may file an
information except with the prior authority or approval of the city or provincial fiscal or state
attorney and only in a casein which himself conducted the preliminary investigation. (R.A No.
5180; P.D. No. 77, s. 1972, as amended by Department of Justice Circular No. 74, date July 26,
1967 as amended by Department of Justice Circular No. 23, s. 1975 to all provincial and city
fascals and state prosecutors regarding the conduct of preliminary investigations.
The practice of some fiscals, especially in the city of Manila, is to entitle this kind of
pleading in cases of abduction, seduction, rape or acts of lasciviousness, and in adultery and
concubinage, as COMPLAINT signed by the offended party herself and have it filed I court. This
practice is said to be in accordance with Art. 334, R.P.C. which requires that such as offenses
shall not prosecuted “except upon a complaint filed by the offended party, etc. The phrase
“upon a complaint filed by the offended party’” however, does not mean that the offended
party ha s the right to sign the people’s pleading; it simply mean that the fiscal should not file
any information in court such cases, except upon a previous complaint originally filed by the
offended party with the justice of the peace or any judicial officer charged with the criminal
investigations. Hence, the correct procedure is that which is herein presented, and which was
also the procedure followed in the case of People v. Formento, 60 Phil 434. See also People v.
Solon, 47 Phil. 443; people. Savellano, S.C.D., May, 1974 p. 314.

Virgin over twelve and under eighteen years of age, from her dwelling with her consent and
with lewd designs.

Contrary to law:

_____, _____________ , 19 _______.

_______________________
(Provincial Fiscal)
WITNESSES:

________________________

________________________

Certification

Virginity is not to be understood in so material a sense as to exclude the idea of the abduction of
a virtuous woman of good reputation. (U.S. v. Casten, 34 Phil. 88.)
All information, for offenses filed by city or provincial fiscals must contain a certification under
oath by the investigation fiscal that before filing the case he had previously conducted a preliminary
investigation wherein the accused was given a chance to appear. Such a certification under oath may be
state substantially as follows:
“A preliminary investigation has previously been conducted in this case under my direction,
having examined the witnesses in according with the provisions of Republic Act No. 5180, as amended by
P.D. No. 77, Dec. 6, 1972 and P.D. 911, March 23, 1978 and as implemented by Dept. of Justice Circular
No. 74, series of 1967, and Circular No. 23, series of 1975.

_______________________
Assistant
Fiscal

SUBSCRIBED AND SWORN to before me this_______ day of ________ , 19_____ ,in the
city/municipality of___________________ , Philippines, by ________ , assistant fiscal
of_______________.

________________________
Judge, Court of
First Instance

Of__________________”

The “OK” or approval by the or Provincial Fiscal is also required by law before any information
may be filed
by any assistant fiscal.(R.A 5180) as amended by P.D. No. 77 and P.D. 911, (1976) and as implemented by
Department of Justice Circulars Nos. 74 (s. 1967) and (s. 1975.)