This case has been cited 3 times or more.
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2010-02-04 |
PERALTA, J. |
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| Further, the real nature of the criminal charge is determined not from the caption or preamble of the information or from the specification of the provision of law alleged to have been violated, they being conclusions of law which in no way affect the legal aspects of the information, but from the actual recital of facts as alleged in the body of the information.[33] Simply put, the crime charged is determined by the information's accusatory portion and not by its denomination. | |||||
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2005-08-25 |
CALLEJO, SR., J. |
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| The real nature of the offense charged is to be ascertained by the facts alleged in the body of the Information and the punishment provided by law, not by the designation or title or caption given by the Prosecutor in the Information.[38] The Information must allege clearly and accurately the elements of the crime charged.[39] | |||||
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2000-01-25 |
DE LEON, J. |
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| As such, appellants cannot pretend that the Information did not fully apprise them of the charges against them as to cause them surprise in the event of conviction. The appellation of the crime charged as determined by the provincial fiscal may not exactly correspond to the actual crimes constituted by the criminal acts described in the Information to have been committed by the accused, but what controls is the description of the said criminal acts and not the technical name of the crime supplied by the provincial fiscal[31]. Since appellants defended themselves not only against the offense of Qualified Illegal Possession of Firearms Used in Murder as specified in the Information, but also, and more seriously against the crimes of Murder, Frustrated Murder and Attempted Murder as described in the body of the Information, it cannot be said that their conviction for the latter crimes is infirm and invalid. | |||||