Legal Questions

What is the scope of the act or omission subject of the complaint or information?

image_printPrint this!

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 offense for which the accused is apprised of the charge against and not the designation in the title.

This involves, under the new rules, the inclusion in the information not only the essential elements of the offense charged but also the modifying circumstances attendant in the commission of the offense. It is therefore necessary to allege in the information the qualifying and aggravating circumstances that attended the commission of the offense. (Sec 8 & 9, Rule 110)

image_printPrint this!

Leave a Reply