Frias v People

FACTS:

 December 18, 1997 – Abesamis (COA auditor) notified Municipality of

Capas Panganiban (treasurer) and Domingo (accountant) of the
Municipality’s disallowed cash (50,000 and 950,000), directing them to
settle the said amount.
 Neither of the 2 returned the amount. Hence, Abesamis requested Frias
(mayor) to settle the disallowed cash.
 Frias, however, refused and reasoned that he gave the proceeds of cash
advances to Panganiban (treasurer) via Frias’ authority.
 After 2 months of no action, Abesamis filed a criminal action charging
Frias in violation of Article 218 of RPC.
 Sandiganbayan found Frias guilty.
 Frias claimed that he was deprived of due process because the charge
against him failed to identify his acts or omissions constituting a
violation of the law and to identify the particular law which required him
to render an account.

ISSUES:

 W/O/N Frias was deprived of due process because the Information

against him failed to identify his acts against Article 218 of RPC.

HELD:

 NO. His right to due process was not deprived. He has the right to
question the sufficiency of the information; however, that right is not
absolute. An accused can question the sufficiency of an Information only
if before his arraignment. Frias failed to challenged the sufficiency of
the Information before his arraignment. He was too late.
 Also, an accused is deemed to have waived his right to assail the
sufficiency of the Information when he voluntarily entered a plea in his
arraignment, of which Frias had done in the case.