Legal Questions

How must the qualifying and aggravating circumstances be alleged?

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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 thereof. Mere statement of such circumstances in the information is not considered as compliance with Sections 8 and 9 of Rule 110. This is the ruling established in the Alba Case (January 29, 2002).

Even if the aggravating circumstances are proved during the trial, if they were not properly alleged in the complaint or information, the court cannot take them into account in the fixing of the proper penalty.

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