This case has been cited 2 times or more.
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2015-09-09 |
JARDELEZA, J. |
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| The main purpose of an Information is to ensure that an accused is formally informed of the facts and the acts constituting the offense charged.[16] Where insufficient, an accused in a criminal case can file a motion to have the Information against him quashed and/or dismissed before he enters his plea.[17] A motion to quash challenges the efficacy of an Information[18] and compels the court to determine whether the Information suffices to require an accused to endure the rigors of a trial. Where the Information is insufficient and thus cannot be the basis of any valid conviction, the court must drop the case immediately and save an accused from the anxiety and convenience of a useless trial.[19] | |||||
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2007-09-21 |
CORONA, J. |
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| The designation in the information of the specific statute violated is imperative to avoid surprise on the accused and to afford him the opportunity to prepare his defense accordingly. However, the failure to designate the offense by statute,[21] or to mention the specific provision penalizing the act,[22] or an erroneous specification of the law violated[23] does not vitiate the information if the facts alleged clearly recite the facts constituting the crime charged.[24] What controls is not the title of the information or the designation of the offense but the actual facts recited in the information.[25] In other words, it is the recital of facts of the commission of the offense, not the nomenclature of the offense, that determines the crime being charged in the information.[26] | |||||