INFORMATION

An INFORMATION is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
(Section 4, Rule 110 of the Revised Rules of Court)

A Complaint or INFORMATION is sufficient if it states:
(SECTION 6, RULE 110 of the Revised Rules of Court)

 The name of the accused,  The designation of the offense given by the statute,  The acts or omissions complained of as constituting the offense,  The name of the offended party,  The approximate date of the commission of the offense, and  The place where the offense was committed.

1. The name of the accused

SECTION 7, RULE 110 of the Revised Rules of Court

“The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record.”

1. The name of the accused

SECTION 7, RULE 110 of the Revised Rules of Court

 Purpose of the Rule;
 To enable the court to acquire jurisdiction over his person and to inform him of the facts.

 (FYI)
Verbal Motion to correct spelling is sufficient.
(San Diego vs. Hernandez, 24 SCRA 110, 1968)

2. The designation of the offense given by the statute
SECTION 8, RULE 110 of the Revised Rules of Court

“The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.”

3. The acts or omissions complained of constituting the offense
SECTION 9, RULE 110 of the Revised Rules of Court

“The act or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment”

Purpose of Rule #2 & 3

The purpose is to fully appraise the accused of the true charge against him. The rule broadens the concept and scope of the right of the accused to be informed of the nature and cause of the accusation against him. This was explained in U.S vs. Karelsen, “The object of this written accusation was,
1. to furnish the accused with such a description of the charge against him as will enable him to make his defense and,

2.

to avail himself of his conviction or acquittal for protection against a further prosecution for the same cause, and, to inform the court the facts alleged so that it may decide whether they are sufficient to support a conviction if one should be had in order that this requirement may be satisfied, FACTS MUST BE STATED, NOT CONCLUSIONS OF LAW. Every crime is made up of certain acts and intent THESE MUST BE SET FORTH IN THE COMPLAINT WITH REASONABLE PARTICULARITY OF TIME, PLACE, NAMES, AND CIRCUMSTANCES.”

3.

In short, the complaint or information must contain specific allegations of every fact and circumstance necessary to constitute the crime charged.

4. The name of the offended party
SECTION 12, RULE 110 of the Revised Rules of Court

“The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.” a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged b) If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record. c) If the offended party is a juridical person, it is sufficient state its name, or any name or designation by which it known or by which it may be identified, without need averring that it is a juridical person or that it is organized accordance with law. to is of in

5. The approximate date of the commission of the offense
SECTION 11, RULE 110 of the Revised Rules of Court

“It is not necessary to state in the complaint or information the precise date the offence was committed except when it is a material ingredient of the offence. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.”

5. The approximate date of the commission of the offense
SECTION 11, RULE 110 of the Revised Rules of Court

 (FYI) Crimes where time is ESSENTIAL, to wit;  Infanticide (Art. 255 of the RPC)  Abortion (Art 256-257 of the RPC)  Violation of Sunday Statutes (election law)

6. The place where the offense was committed
SECTION 10, RULE 110 of the Revised Rules of Court

“The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitute an essential element of the offense charged or is necessary for its identification.”

6. The place where the offense was committed
SECTION 10, RULE 110 of the Revised Rules of Court

 Purpose of Rule:  Not only to identify where the offense is committed, but also to show the territorial jurisdiction of the court.  (FYI) Crimes where place is ESSENTIAL, to wit;  Violation of domicile (Art. 128, RPC)  Penalty on keeper, watchman, and visitor of an opium den (Art. 199, RPC)  Trespass to dwelling (Art. 280, RPC)  Violation of election law e.g 30-meter radius carrying of deadly weapon prohibited (Election Code)

correlation
Section 10

Section 15

B.P Blg. 129

The place where the action is filed
SECTION 15, RULE 110 of the Revised Rules of Court

Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where the said train, aircraft, or other vehicle passed during its trip, including the place of departure and arrival. Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.

The Judiciary Reorganization Act of 1980
(B.P Blg. 129, as amended)

 may be used as a reference regarding the venue of the court who will try the case  (FYI)13 Regional Trial Courts, one of each of the following Judicial regions
(SECTION 13, CHAPTER 2, B.P Blg. 129)

The Judiciary Reorganization Act of 1980
(B.P Blg. 129, as amended)

The National Capital Judicial Region consisting of the cities of: 1. Manila 2. Quezon 3. Pasay 4. Caloocan 5. Mandaluyong

And the municipalities of 6. Navotas 7. Malabon 8. San Juan 9. Makati 10. Pasig 11. Pateros 12. Taguig 13. Marikina 14. Paranaque 15. Las Pinas 16. Muntinlupa 17. Valenzuela

The Judiciary Reorganization Act of 1980
(B.P Blg. 129, as amended)       One hundred seventy two (172) Regional Trial judges shall be commissioned for the National Capital Judicial Region 51 32 12 12 58 Branches for the City of Manila Branches for Quezon City Branches for Pasay City Branches for Caloocan City Branches for the municipalities of Navotas Pateros Malabon Taguig San Juan Marikina Mandaluyong Paranaque Makati Las Pinas Pasig Muntinlupa (Branches 1 to 55) (Branches 76 to 107) (Branches 108 to 119) (Branches 120 to 131) (Branches 56 to 74 & 132 to 170)

3 Branches for the municipality of Valenzuela

(Branches 75, 171, & 172)

Example

NOTE:

SECTION 13, RULE 110 of the Revised Rules of Court

“A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses.”

NOTE:

SECTION 13, RULE 110 of the Revised Rules of Court

 Purpose of Rule:
 The Information is defective when it charges two or more offenses. The rule enjoining the charging of two or more offenses in an Information has for its aim to give the defendant the necessary knowledge of the charge to enable him to prove his defenses. The State should not heap upon the defendant two or more charges against him which might confuse him in his defenses.
(People vs. Ferrer, 101 Phil 234, 1957)

NOTE:

SECTION 13, RULE 110 of the Revised Rules of Court

 Effects of Duplicity of Offenses Charged
 When two or more offenses are charged in a single complaint or information, and the accused fails to object to it before trial, the court may convict the accused of as many offenses as are charged and proved, and impose on him the penalty for each and every one of them setting out separately the findings of fact and law in each case.

NOTE:

SECTION 13, RULE 110 of the Revised Rules of Court

 Remedy of the Accused
 Under Section 3, Rule 117, the accused may move to quash the complaint or information, on the ground that more than one offense is charged except in those cases in which existing laws prescribe a single punishment for various offenses, e.g.  complex crimes (Art. 48, RPC) or  special complex crimes such as robbery with homicide, rape with homicide, or rebellion complexed with murder, robbery, and kidnapping.

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