Legal Questions

Why is there a need to incorporate the qualifying and aggravating circumstances in the complaint or information?

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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, 2002), the Supreme Court ruled: The failure to allege the circumstances affecting criminal liability would bar the prosecution from presenting evidence of their existence. This applies to both qualifying and generic aggravating circumstances.

In the case of People vs Lavador (February 20, 2002), the Supreme Court ruled: To sustain a conviction applying the existence of qualifying and aggravating circumstances, the said circumstances must be properly alleged in the information and duly proved during trial.

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