This case has been cited 5 times or more.
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2009-12-04 |
CHICO-NAZARIO, J. |
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| An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.[17] To be considered as valid and sufficient, an information must state 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.[18] The purpose of the requirement for the information's validity and sufficiency is to enable the accused to suitably prepare for his defense, since he is presumed to have no independent knowledge of the facts that constitute the offense.[19] | |||||
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2009-03-20 |
TINGA, J. |
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| Contrary also to petitioners' assertions, the specific acts of the accused do not have to be described in detail in the information, as it is enough that the offense be described with sufficient particularity to make sure the accused fully understand what he is being charged with. The particularity must be such that a person of ordinary intelligence immediately knows what the charge is.[33] Moreover, reasonable certainty in the statement of the crime suffices.[34] It is often difficult to say what is a matter of evidence, as distinguished from facts necessary to be stated in order to render the information sufficiently certain to identify the offense. As a general rule, matters of evidence, as distinguished from facts essential to the description of the offense, need not be averred.[35] The particular acts of the accused which pertain to "matters of evidence," such as how accused city officials prepared the inspection reports despite the absence of a project plan or how the contractor was able to use substandard materials, do not have to be indicated in the information. | |||||
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2007-11-22 |
CHICO-NAZARIO, J. |
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| An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.[27] To be considered as valid and sufficient, an information must state 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.[28] The purpose of the requirement for the information's validity and sufficiency is to enable the accused to suitably prepare for his defense since he is presumed to have no independent knowledge of the facts that constitute the offense.[29] | |||||
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2006-06-27 |
YNARES-SANTIAGO, J. |
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| We find ourselves unable to agree with this ratiocination of the trial court because it violates the constitutional right[29] of petitioner to be informed of the nature and cause of the accusation against him. As early as the 1904 case of U.S. v. Karelsen,[30] the rationale of this fundamental right of the accused was already explained in this wise: The object of this written accusation was First. To furnish the accused with such a description of the charge against him as will enable him to make his defense; and second, to avail himself of his conviction or acquittal for protection against a further prosecution for the same cause; and third, to inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, if one should be had. (United States vs. Cruikshank, 92 U.S. 542.) 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 (plaintiff and defendant), and circumstances. In short, the complaint must contain a specific allegation of every fact and circumstances necessary to constitute the crime charged.[31] (Emphasis supplied) It is fundamental that every element constituting the offense must be alleged in the information. The main purpose of requiring the various elements of a crime to be set out in the information is to enable the accused to suitably prepare his defense because he is presumed to have no independent knowledge of the facts that constitute the offense.[32] The allegations of facts constituting the offense charged are substantial matters and an accused's right to question his conviction based on facts not alleged in the information cannot be waived.[33] No matter how conclusive and convincing the evidence of guilt may be, an accused cannot be convicted of any offense unless it is charged in the information on which he is tried or is necessarily included therein.[34] To convict him of a ground not alleged while he is concentrating his defense against the ground alleged would plainly be unfair and underhanded.[35] The rule is that a variance between the allegation in the information and proof adduced during trial shall be fatal to the criminal case if it is material and prejudicial to the accused so much so that it affects his substantial rights.[36] | |||||