Sufficiency Of Complaint Or Information
Sufficiency of complaint or information
Section 6. Sufficiency of complaint or information. — A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.
When an offense is committed by more than one person, all of them shall be included in the complaint or information.
A COMPLAINT IS SUFFICIENT IF IT STATES:
1. the name of the accused
2. the designation of the offense by a statute
3. the acts or omission complained of as constituting the offense
4. the name of the offended party
5. the approximate time of the commission of the offense
6. the place where the offense was committed.
People v. Dela Cruz, G.R. No.137967 (2001)
The non-inclusion of some of the names of the eyewitnesses in the information does not preclude the prosecutor from presenting them during trial.
PURPOSE: to safeguard the constitutional right of an accused to be informed of the nature and cause of the accusation against him so that he can duly prepare his defense.
Purpose: To inform the accused of the nature and cause of the accusation against him, which is a constitutional right. The objectives of the right are:
1) to furnish the accused with such a description of the charge against him as will enable him to make the defense
2) to avail himself of his conviction or acquittal for protection against further prosecution for the same cause;
3) to inform the court of the facts alleged, so that it may decided whether they are sufficient in law to support a conviction, if should be had.
NOTE: Substantial defect in the information cannot be cured by evidence that would jeopardize the accused’s right to be informed of the true nature of the offense he is charged with.
PURPOSE: to safeguard the constitutional right of an accused to be informed of the nature and cause of the accusation against him so that he can duly prepare his defense.
Purpose: To inform the accused of the nature and cause of the accusation against him, which is a constitutional right. The objectives of the right are:
1) to furnish the accused with such a description of the charge against him as will enable him to make the defense
2) to avail himself of his conviction or acquittal for protection against further prosecution for the same cause;
3) to inform the court of the facts alleged, so that it may decided whether they are sufficient in law to support a conviction, if should be had.
NOTE: Substantial defect in the information cannot be cured by evidence that would jeopardize the accused’s right to be informed of the true nature of the offense he is charged with.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.