Monday, May 19, 2014

RELATIONSHIP BETWEEN THE PREAMBLE AND THE ACCUSATORY PORTION OF THE INFORMATION:

     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.)

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