Wednesday, September 25, 2013

FAILURE TO OBJECT BEFORE ARRAIGNMENT AS REGARDS THE ALLEGATION OF THE DATE OF THE COMMISSION OF THE OFFENSE RESULTS TO WAIVER OF SUCH OBJECTION:

     In any event, even if the information failed to allege with certainty the time of the commission of the rapes, the defect, if any, was cured by the evidence presented during the trial and any objection based on this ground must be deemed waived as a result of accused-appellant’s failure to object before arraignment (PEOPLE vs. CANARES, G.R. No. 174065, February 18, 2009, Second Division, Brion, J.).

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