Thursday, September 19, 2013

IN DEFERENCE TO THE CONSTITUTIONAL RIGHT OF AN ACCUSED TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM, SECTION 6, RULE 110 OF THE REVISED RULES OF CRIMINAL PROCEDURE (RULES) REQUIRES, THAT THE INFORMATION SHALL STATE THE DESIGNATION OF THE OFFENSE GIVEN BY THE STATUTE AND THE ACTS OR OMISSIONS IMPUTED WHICH CONSTITUTE THE OFFENSE CHARGED.

     Additionally, the Rules requires that these acts or omissions and its attendant circumstances “must be stated in ordinary and concise language” and “in terms sufficient to enable a person of common understanding to know what offense is being charged x  x  x  and for the court to pronounce judgment.” The test of the information’s sufficiency is whether the crime is described in intelligible terms and with such particularity with reasonable certainty so that the accused is duly informed of the offense charged. In particular, whether an information validly charges an offense depends on whether the material facts alleged in the complaint or information shall establish the essential elements of the offense charged as defined in the law. The raison d’etre of the requirement in the Rules is to enable the accused to suitably prepare his defense. (FERNANDO Q. MIGUEL vs. THE HONORABLE SANDIGANBAYAN, G.R. No. 172035, July 4, 2012, BRION, J.).

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