AN ACCUSED CANNOT BE CONVICTED OF AN OFFENSE THAT IS NOT CLEARLY CHARGED IN THE COMPLAINT OR INFORMATION. TO CONVICT HIM OF AN OFFENSE OTHER THAN THAT CHARGED IN THE COMPLAINT OR INFORMATION WOULD BE VIOLATIVE OF THE CONSTITUTIONAL RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION.

     Indeed, the accused cannot be convicted of a crime, even if duly proven, unless the crime is alleged or necessarily included in the information filed against him. (Anna Lerima Patula vs. People of the Philippines, G.R. No. 164457, April 11, 2012, BERSAMIN, J.).