PROSECUTION OF OFFENSES:

     the character of the crime is not determined by the caption or preamble of the information nor from the specification of the provision of law alleged to have been violated, xxx but by the recital of the ultimate facts and circumstances in the complaint or information.” (People of the Philippines vs. Patricio Rayon, Sr., G.R. No. 194236, January 30, 2013, Brion, J.)