Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Prosecution of Offenses (Rule 110) › Complaint or Information › Sufficiency
iii. Cause of the Accusation
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 (Serapio v. Sandiganbayan, G.R. No. 128268, January 29, 2003).
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.
CAUSE OF THE ACCUSATION
The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be 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).
The information need not reproduce the law verbatim in alleging the acts or omissions that constitute the offense. If its language is understood, the constitutional right to be informed of the nature and cause of the accusation against the accused stands unviolated.
This mandate to be informed of the nature and cause of the accusation against him does not require a verbatim reiteration of the law. The use of derivatives, synonyms, and allegations of basic facts constituting the crime will suffice. (Omar Villarba v. CA, G.R. No. 227777, June 15, 2020)
Authorities
- Rule 110, Sec. 9
- Serapio v. Sandiganbayan, G.R. No. 128268
- Villarba v. Court of Appeals, G.R. No. 227777, 15 June 2020