A. The Information Need Not Be Under Oath; Matter Which a Prosecutor Must Certify Under Oath in the Information.
1. The information need not be placed under oath by the prosecutor signing the same. He must, however, certify under oath that:
a. he has examined the complainant and his witnesses;
b. there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof;
c. the accused was informed of the complaint and of the evidence submitted against him; and
d. the accused was given an opportunity to submit controverting evidence(Sec. 4, Rule 112, supra.)
2. Contents of the Caption of an Information. The caption of an Information shall, in addition to the name of the prosecutor tiff, indicate the following:
a. the complete names, i.e., given name, alias/es, maternal name, surname and addresses, of all the accused. In the case of accused minors, the parents or guardians shall be indicated in the caption;
b. the case number; and
c. the offense charged. (The denominational of the offense and the specific law and provision violated shall be specified.)
B. RULES COMMON TO BOTH A COMPLAINT AND INFORMATION
1. Sufficiency of a Complaint or an Information. A Complaint or Information is sufficient if it states the following:
a. the name of the accused. The Complaint or Information must state the name and surname of the accused or any appellation or nickname by which he has been or is known his name cannot be ascertained, he must be described under a fictitious with a statement that his true name is known (Sec. 7, par. 1, Rule 110 supra.). If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the Complaint or Information and record (Sec. 7, par. 2, Rule 110, supra.). Where the accused has been sued as “John Doe” in an information filed in due form, and after investigation by the prosecutor, his identity became known, his true name may be inserted without further need or preliminary investigation where one had already been properly conducted and the nature of the crime is not changed (San Diego v. Hernandez, 24 SCRA 110 [1968]). In crimes against property, the designation of the name of the offended party is not absolutely indispensable for as long as the criminal act charged in the Complaint or Information can be properly identified (Sayson v. People, 166 SCRA 693).
b. the designation of the offense committed. To properly inform the accused of the nature and cause of the accusation against him, the Complaint or Information shall state, whenever possible - the designation given to the offense by this statute; the statement of the act or omission constituting the same, and if there is no such designation, reference shall be made to the section or subsection of the law punishing it (Sec. 8, Rule 110, supra) (People v. Gutierrez, 403 SCRA 178). The Information or Complaint must avoid using conclusions of law, but must allege ultimate facts – that is, specific averment of every fact or element that constitutes the crime. Otherwise, the information is void for being violative of the constitutional right of the accused to know the nature of the offense charged against him.
(1) Examples of Conclusions of Law. The terms “sexual abuse”, “rape” or “acts of lasciviousness” are conclusions of law, and not the ultimate facts constituting the acts punishable under Sec. 5, RA 7610. Thus, the allegation that the accused committed “sexual abuse on his daughter, either by “raping” her or committing “acts of lasciviousness on her ” is not sufficient to convict the accused as it does not state the acts or omissions constituting the offense of child abuse (People v. De la Cruz, 383 SCRA 410 [2002]). The allegation that the accused “sexually abused” the complaint is not sufficient to support a conviction for rape. The term “sexual abuse” cannot be equated with the allegation of carnal knowledge or sexual intercourse with the offended party (People v. Flores, G.R. No. 12882324, December 27, 2002). Neither is the term “sexual abuse” sufficient to convict the accused of child abuse under RA 7610 because under Sec. 2 (g) of the Rules and Regulations of the Reporting and Investigation of Child Abuse cases, issued pursuant to Sec. 32 of RA 7610, “sexual abuse” is defined therein by inclusion as follows:
(a) “Sexual abuse includes: employment, use, persuasion, enticement, or coercion of a child to engage in, or assist another person to engage in sexual intercourse or lascivious conduct, or
(b) the molestation, or
(c) prostitution, or
(d) incest with children.”
From the foregoing broad, non-exclusive definition, the phrase “sexually abused” does not comply with the requirement that the complaint must contain a specific averment of every fact necessary to constitute the crime.
(2) Examples of Averments of Ultimate Facts. The body of the information states that the accused “embraced” the complainant, “held her breasts and kissed her lips”. Such allegations constitute specific averment of ultimate facts constituting the offense of child abuse under Sec. 5 of RA 7610. This, despite the fact that the caption and the preamble of the Information designated the offense charged as “Violation of RA 7610. The omission to cite the specific section or subjection. of RA 7610 violated is not sufficient to invalidate the information since there is no doubt that the allegation of the ultimate facts of “embracing” the victim “holding her breast” and “kissing her lips” clearly refer to the “ultimate facts” of the generic term “acts of lasciviousness” which is penalized under Sec. 5, of RA 7610. Hence, the Information was valid (Olivarez v. CA G.R No. 163866, July 29, 2005). In order for the court to impose the penalties under R.A. No. 9346 in rape cases, the following attendant circumstances must be stated in the Information:
(a) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim;
(b) When the victim is under the custody of the police or military authorities;
(c) When the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity;
(d) When the victim is a religious or a child below seven (7) years of old;
(e) When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease;
(f) When the rape is committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency;
(g) When, by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation. (Sec. 11, RA 7659 [The Death Penalty Law).
c. the cause of the accusation. The acts or omissions complained of as constituting the offenses and the qualifying and aggravating circumstances must stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment (Sec 9, Rule 110, supra.).
d. place where the offense was committed. The Complaint or Information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification (Sec. 10, Rule 110, supra.).
A general allegation in the Complaint that the felony was committed within the jurisdiction of the court is sufficient. The remedy is a motion for a bill of particulars under Rule 116, Sec 6 (People v. Pinuela, 91 Phil. 53). There are however, certain crimes where place is essential:
(1) violation of domicle (Art. 128, RPC);
(2) penalty on keeper, watchman and visitor of an opium den (Art. 199, RPC);
(3) trespass to dwelling (Art. 280, RPC);
(4) violation of the election law, e.g., 30-meter radius carrying of a deadly weapon prohibited (Election Code)
e. date of the commission of the offense. The complaint must alleged the specific time and place when and where the offense was committed, but when the time so alleged is not of the essence of the offense, it need not be proved as alleged, and the complaint will e sufficient if the evidence shows that the offense was committed at anytime within the period of the statute of limitation and before the commencement of the action (US v. Smith, 3 Phil 20 [1903]).
f. name of the offended party. The Complaint or Information must state the name and surname of the person against whom or against whose property the offense was committed, or ant appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name (Sec 12, Rule 110, supra.).
C. Other Essential Matters to be Alleged in the Complaint or Information. The following matters shall also be alleged in the Complaint or Information:
1. every essential element of the offense;
2. the criminal intent of the accused and its relation to the act or omission companied of;
3. all qualifying and generic aggravating circumstances which are integral parts of the offense;
4. all matters that are essential to the constitution of the offense, such as the ownership and/or value of the property robbed or destroyed; the particular knowledge to establish culpable intent; or the particular intention that characterizes the offense;
5. age of the minor accused, and whenever applicable, the fact that he/she acted with discernment; and,
6. age of the minor complaint.
D. Number of Offenses Charged. A Complaint or Information must charged only one offense, EXCEPT when the law prescribes a single punishment for various offenses (Sec. 13, Rule 110, supra.). The charge is not defective for duplicity when one singular crime is set forth in the different modes prescribed by law for its commission, or the felony is set forth under different counts specifying the way of its perpetuation, or the acts resulted from a single criminal impulse. Neither is there duplicity when the other offence described is but an ingredient or an essential element of the real offense charged nor when several acts are related in describing the offense (People v. Montilla, 285 SCRA 703).
1. EXCEPTION: The rule in duplicity of offense does not apply where the law prescribes a single penalty for various offenses such as a complex crime under Article 48 of the Revised Penal Code or special complex crime such as robbery with homicide or with rape or rape with homicide.
E. Title of the Complaint or Information. The title of the Complaint or Information shall be in the name of the “People of the Philippines” as plaintiff against all persons who appear to be responsible for the offense involved.
F. Qualifying and Generic Aggravating Circumstances; To be Alleged and Proved. The prosecutor must always consider and allege the applicable qualifying and/or generic aggravating circumstances in any Complaint or Information that he prepares. Any qualifying or generic aggravating circumstances not alleged in the Complaint or Information may not be consider by the court even if proved during trial, except as a ground for the grant of exemplary e damages in the civil aspect of the criminal action where applicable, pursuant to Article 2230 of the New Civil Code.
G. List of Prosecution Witnesses. The information shall contain the complete names and addresses of all identified witnesses for the prosecution. In cases violation of B.P. Blg. 22 and estafa cases, the list of the witnesses shall include the complainant, the bank representative with specific reference to the check and account numbers involved and, in proper cases, he company auditor. In physical injuries cases, the information shall indicate the name of the attending physician with specific reference to the medical report and date of the incident.
F. Amendment of the Complaint or Information. A Complaint or Information may be amended, in form or in substance:
1. before the accused pleads. This may be done without leave of court; however, any amended before plea, which downgrades the nature of the offense charged or excludes any accused from the Complaint or Information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court (Sec. 14, par. 2, Rule 110, supra.).
2. after the accused has plead. The amendment may be made only with leave of court and only as to matters of the form wherein the same can be done without prejudice to the rights of the accused (Sec. 14, par. 1, Rule 110, supra.).
3. during the trial. An amendment may also be made but only with leave of court and also only as to matters of form wherein the same can be done without prejudice to the rights of the accused (Sec. 14, par. 1, Rule 110, supra.).
G. Amendment by Substitution. At any time before judgment, if there has been a mistake in charging the proper offense, the court shall dismiss the original Complaint or Information upon the filing of a new one charging the proper offense in accordance with Rule 119, Sec. 11, provided the accused would not be placed thereby in double jeopardy. The court may also require the witnesses to give bail for their appearance at the trial (Sec. 14, par. 3, Rule 110, supra.).
H. Requisites for the substitution of a defective information with the correct one:
1. It involves a substantial change from the original charge;
2. the substitution of Information must be with leave of court as the original Information has to be dismissed;
3. another preliminary investigation must be conducted and the accused has to plead anew to the new Information; and,
4. substitution presupposes that the new Information involves a different offense which does not include or is not necessarily included in the original charged.
I. NOTE
1. Where the second Information involves the same offense, or an offense which necessarily includes or is necessarily included in the first Information, an amendment of the Information is sufficient; otherwise, where the new Information charges an offense which is distinct and different from that initially charged, substitutions is in order (Galvez v. Court of Appeals, 237 SCRA 659).
2. When it becomes manifest at anytime before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper Information (Sec. 19, Rule 119, Revised Rules on Criminal Procedure).
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