The Court’s discussion in People vs. Villanueva G.R. No. 138364 October 15, 2003 on
the relationship between the preamble and the accusatory portion of the
Information is noteworthy, and we quote: The preamble or opening paragraph
should not be treated as a mere aggroupment of descriptive words and phrases.
It is as much an essential part [of] the Information as the accusatory
paragraph itself. The preamble in fact complements the accusatory paragraph
which draws its strength from the preamble. It lays down the predicate for the
charge in general terms; while the accusatory portion only provides the
necessary details. The preamble and the accusatory paragraph, together, form a
complete whole that gives sense and meaning to the indictment. x x x The
Information sheet must be considered, not by sections or parts, but as one
whole document serving one purpose, i.e., to inform the accused why the full
panoply of state authority is being marshaled against him. Our task is not to
determine whether allegations in an indictment could have been more artfully
and exactly written, but solely to ensure that the constitutional requirement
of notice has been fulfilled x x x. (Soledad
vs. People G.R. No. 184274 February 23, 2011 Nachura, J.)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.