Professional Documents
Culture Documents
AMF | pg. 1
Test of sufficiency of the complaint or
information 2) Every element must be stated in the
- Whether the crime is described in information.
intelligible terms with such particularity as - What facts and circumstances
to apprise the accused, with reasonable are necessary to be included
certainty, of the offense charged to therein must be determined by
enable the accused to suitably prepare reference to the definitions and
for his defense since he is presumed to essentials of the specified
have no independent knowledge of the crimes.
facts that constitute the offense. - The requirement of alleging the
elements of a crime in the
- For an information to be sufficient, it must information is to inform the
validly charge an offense. It must also accused of the nature of the
establish the essential elements of the accusation against him to
offense charged. suitably prepare his defense.
The presumption is that the
- An information is fatally defective when it accused has no independent
is clear that it does not really charge an knowledge of the facts that
offense or when an essential element of constitute the offense.
the crime has not been sufficiently
alleged. 3) Even if the designation of the crime in the
information is defective, what is
Questioning the insufficiency of the controlling is the allegation of the facts in
complaint or information the information that comprises a crime
- Objections relating to the form of the and adequately describes the nature and
complaint or information cannot be made cause of the accusation against the
for the first time on appeal. The accused- accused.
appellant should move before
arraignment either for a bill of Date of the commission of the offense
particulars, for instance, if he wants to - Under Sec. 11, Rule 110 it is not
know the exact date of the commission of necessary to state in the complaint or
the allege offense. information the precise date the offense
was committed except when the date of
- He may also move for the quashal of the commission is a material element of the
information if it does not conform to the offense.
prescribed form.
- When the date is given not of the
- If he fails to purse either remedy, he is essence of the offense, it need not be
deemed to have waived his objection to proven as alleged; thus, the complaint
any formal defect in the information. will be sustained if the proof shoes that
the offense was committed at any date
- Where the objection, however, is based within the period of the statute of
on lack of jurisdiction over the subject limitations and before the
matter, the same may be raised or commencement of the action.
considered motu propio by the court at
any stage of the proceedings or on How to state the name of the accused
appeal. Sec. 7 of Rule 110 states:
a) The complaint or information must state
Cause of the accusation the name and surname of the accused,
- It is the acts or omissions constituting or any appellation or nickname by which
that offense as well as the qualifying and he has been known or is known.
aggravating circumstances.
b) If his name cannot be ascertained, he
How the nature of the offense is determined must be described under a fictitious
1) By the actual recital of the facts in the name. A description of the accused
complaint or information. under a fictitious name must be
AMF | pg. 2
accompanied by a statement that his true Designation of the offense
name is unknown. a) That the name given to the offense by
statute shall be stated in the complaint or
c) If, later, his true name is disclosed by him information.
or becomes known in some other
manner, his true name shall be inserted If the statute gives no designation to the
in the complaint or information and in the offense, the reference shall be made to
records of the case. the section or subsection punishing it.
AMF | pg. 3
Duplicity of the offense
- It presupposes that there is a joinder of
distinct offenses in one complaint or
information.
AMF | pg. 4