Information
What is an Information?
Section 4.
INFORMATION
- It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
REQUISITES OF AN INFORMATION:
1. It must be in writing;
2. It must charge a person with an offense;
3. It must be subscribed by the prosecutor; and
4. It must be filed in court.
PERSONS AUTHORIZED TO FILE AN INFORMATION
1. City or provincial prosecutor and their assistants
2. Duly appointed special prosecutors.
Information and Complaint distinguished
1. Complaint - Subscribed by the offended party, any peace officer, or other officer charged with the enforcement of the law violated.
Information - Subscribed by the Prosecutor, It does not have to be subscribed by the offended party or any peace officer, or other peace officer charged with the enforcement of the law.
2. Complaint - Filed either in the MTC or with the provincial/city prosecutor’s office.
Information - Filed in court.
NOTE: PROSECUTION IN THE RTC IS ALWAYS COMMENCED BY INFORMATION, EXCEPT:
1. In certain crimes against chastity (concubinage, adultery, seduction, abduction, acts of lasciviousness); and
2. Defamations imputing any of the aforesaid offenses wherein a sworn written complaint is required in accordance with Section 5 of this Rule.
In case of variance between the complaint filed by the offended party and the information in crimes against chastity, the complaint controls (People v.Oso, 62 Phil 271).
People v. Santiago G.R. No. 137281 (2001)
- A defectively crafted information, such as that alleging multiple offenses in a single complaint or information transgresses Rule 110, § 13. A. However, failure to make a timely objection to such a defect is deemed to be a waiver of the said objection.
Section 4.
INFORMATION
- It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
REQUISITES OF AN INFORMATION:
1. It must be in writing;
2. It must charge a person with an offense;
3. It must be subscribed by the prosecutor; and
4. It must be filed in court.
PERSONS AUTHORIZED TO FILE AN INFORMATION
1. City or provincial prosecutor and their assistants
2. Duly appointed special prosecutors.
Information and Complaint distinguished
1. Complaint - Subscribed by the offended party, any peace officer, or other officer charged with the enforcement of the law violated.
Information - Subscribed by the Prosecutor, It does not have to be subscribed by the offended party or any peace officer, or other peace officer charged with the enforcement of the law.
2. Complaint - Filed either in the MTC or with the provincial/city prosecutor’s office.
Information - Filed in court.
NOTE: PROSECUTION IN THE RTC IS ALWAYS COMMENCED BY INFORMATION, EXCEPT:
1. In certain crimes against chastity (concubinage, adultery, seduction, abduction, acts of lasciviousness); and
2. Defamations imputing any of the aforesaid offenses wherein a sworn written complaint is required in accordance with Section 5 of this Rule.
In case of variance between the complaint filed by the offended party and the information in crimes against chastity, the complaint controls (People v.Oso, 62 Phil 271).
People v. Santiago G.R. No. 137281 (2001)
- A defectively crafted information, such as that alleging multiple offenses in a single complaint or information transgresses Rule 110, § 13. A. However, failure to make a timely objection to such a defect is deemed to be a waiver of the said objection.
Bar Exam Question (2001)
Information (2001)
The prosecution filed an information against Jose for slight physical injuries alleging the acts constituting the offense but without anymore alleging that it was committed after Jose’s unlawful entry in the complainant’s abode. Was the information correctly prepared by the prosecution? Why?
Suggested Answer:
No. The aggravating circumstance of unlawful entry in the complainant’s abode has to be specified in the information; otherwise, it cannot be considered as aggravating. (Sec. 8 of Rule 110, Revised Rules of Criminal Procedure)
Alternative Answer:
The information prepared by the prosecutor is not correct because the accused should have been charged with qualified trespass to dwelling.
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