G.R. No. 169777; G.R. No. 169659; G.R. No. 169660; G.R. No. 169667; G.R. No. 169834; G.R. No. 171246 – 495 SCRA 170 – Political Law – Constitutional Law – Legislative Branch – Question Hour – Constitutionality of E.O. 464 In 2005, scandals involving anomalous transactions about the North Rail […]
Daily Archives: September 6, 2011
17 posts
The information should state not only the designation of the offense by statute but must also specify its qualifying and aggravating circumstances attendant to the commission of the offense. So that in the crime of murder, the qualifying circumstances must be stated specifically as the circumstances attending the commission […]
This is needed in order to enable a person of common understanding to know what offense is being charged and the degree of such commission. More, in order to enable the court to properly pronounce judgment (Sec 9, Rule 110) In the case of People vs Espejon (February 20, […]
This refers to the cause of accusation. Every person accused of an offense is entitled to be duly informed of the nature and the cause for which he is charged. The actual recital of the facts as alleged in the body of the information constituting the gravamen of the […]
There is a presumption that the accused has no independent knowledge of the facts that constitute the offense. It is needed to reasonably indicate the exact offense which the accused is alleged to have committed to enable him to intelligently prepare for his defense; and in case of conviction […]
It is not the designation of the offense in the information that is controlling but the allegations therein which directly apprise the accused of the nature and cause of accusation against him. In the interpretation of an information, what controls is the description of the offense charged and not […]
It includes all the essential elements composing the offense committed together with the qualifying and aggravating circumstances that attended the commission of the offense. Matters of evidence need not be alleged in the complaint or information.
A complaint or information is sufficient to indict a person of an offense when the following are present: The name of the accused; The designation of the offense by the statute; The acts or omissions complained of constituting the offense; The name of the offended party or against whose […]
An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
A sworn written complaint is required if the offense is one which cannot be prosecuted de officio, or is private in nature (adultery, concubinage, abduction, seduction, acts of lasciviousness, defamation consisting in the imputation of any of the above offenses), or where it pertains to those cases which need […]
It is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated (Sec 3, Rule 110). Under this definition, there are three groups of persons who may file a […]
Where the offense charged is required by law to undergo conciliation proceedings, the same must be referred to the proper barangay official before the courts or prosecution offices may take cognizance of the same. This is so provided in Section 412 of the Local Government Code. The referral of […]
No. Such failure to include the exact date of the commission of the crime does not render defective the information. It remains valid as long as it distinctly states the elements of the offense and the acts or omissions constitutive thereof. The exact date of the commission of a […]
The test is: if the language of the law defining the offense can be separated from the exception that the ingredients of the offense may be accurately and clearly defined without reference to the exception, the latter need not be incorporated in the information because the exception is a […]
As a general rule, negative allegations or excepting allegations need not be incorporated in the complaint or information as when they are matters of defense. They must be included only in the information when they form the essential ingredients of the offense charged.