On
Duplicity of Offense

Section 12. Name of the offended party

The rules require the complaint or information to state the name and surname of the persons against whom or against whose property  the offense was committed or any appellation or nickname by which
such person has been or is known and if there is no better way of identifying him, he must be described under a fictitious name (Sayson v. People, 166 SCRA 693).

In crimes against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the particular offense charged.

To constitute larceny, robbery, embezzlement, obtaining money by false pretenses, malicious mischief, etc., the property obtained must be that of another person, and indictment for such offense must name the owner and variance in this respect between the indictment and the proof will be fatal.


Section 13. Duplicity of the Offense

The information is defective when it charges two or more DISTINCT or DIFFERENT offenses. A complaint or information must charge only one offense, except when the law prescribes a single
punishment for various offenses.

PURPOSE: To give the defendant the necessary knowledge of the charge to enable him to prove his defense. The State should not heap upon the defendant two or more charges which might confuse
him in his defense.

WAIVER
- When the accused fails, BEFORE ARRAIGNMENT, to move for the quashal of the information which charges 2 or more offenses, he thereby waives the objection and may be found guilty of as many offenses as those charged and proved during the trial.

Where the law with respect to an offense may be committed in any of the different modes provided by law, the indictment in the information is sufficient if the offense is alleged to have been committed in one, two or more modes specified therein. The various ways of committing the offense should be considered as a description of only one offense and the information cannot be dismissed on the ground of multifariousness.

EXCEPTIONS TO THE RULE ON DUPLICITY
1. continuous crimes
2. complex crimes
3. special complex crimes
4. crimes susceptible of being committed in various modes
5. crimes of which another offense is an  ingredient

REQUISITES OF CONTINUOUS CRIMES:
1. Plurality of acts performed separately during a period of time;
2. Unity of penal provision infringed upon or  violated;
3. Unity of criminal intent which means that two or more violations of the same penal provision are united on one and the same intent leading to the perpetration of the same criminal purpose or claim (People v. Ledesma).