Friday, March 21, 2014

WHAT IS CONTROLLING IN AN INFORMATION SHOULD NOT BE THE TITLE OF THE COMPLAINT, NOR THE DESIGNATION OF THE OFFENSE CHARGED OR THE PARTICULAR LAW OR PART THEREOF ALLEGEDLY VIOLATED, THESE BEING, BY AND LARGE, MERE CONCLUSIONS OF LAW MADE BY THE PROSECUTOR, BUT THE DESCRIPTION OF THE CRIME CHARGED AND THE PARTICULAR FACTS THEREIN RECITED.

     In addition, the Information need not use the language of the statute in stating the acts or omissions complained of as constituting the offense. What is required is that the acts or omissions complained of as constituting the offense are stated in ordinary and concise language sufficient to enable a person of common understanding to know the offense charged. (People of the Philippines vs. Anastacio Amistoso, G.R. No. 201447, January 9, 2013, Leonardo De Castro, J.) 

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