Friday, February 5, 2016

SUFFICIENCY OF AN INFORMATION:

[U]nder Section 6, the Information is sufficient if it contains the full name of the accused, the designation of the offense given by the statute, the acts or omissions constituting the offense, the name of the offended party, the approximate date, and the place of the offense.” The rule is that qualifying circumstances must be properly pleaded in the Information in order not to violate the accused’s constitutional right to be properly informed of the nature and cause of the accusation against him. However, accused never claimed that he was deprived of his right to be fully apprised of the nature of the charges against him due to the insufficiency of the Information.Also an Information which lacks essential allegations may still sustain a conviction when the accused fails to object to its sufficiency during the trial, and the deficiency was cured by competent evidence presented therein.” (PEOPLE VS. ASILAN [2012]).


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