b. Sufficiency

Facts Charged Do Not Constitute an Offense

The test for the correctness of this ground is the sufficiency of the averments in the information, that is, whether the facts alleged, if hypothetically admitted, establish the essential elements of the offense as defined by law without considering matters aliunde. (People v. Romuadez, G.R. 166510, 2008).

Note: The court in resolving the motion cannot consider –

• Facts contrary to those alleged in the information
• Facts which do not appear on the face of the information

Except: Those admitted by the prosecution.

TEST OF SUFFICIENCY OF A CAUSE OF ACTION

The test of the sufficiency of the facts alleged in the complaint as constituting a cause of action is whether or not admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint. (See Misamis Occidental II Cooperative v. David, G.R. No. 129928, 2005)

If the allegations in the complaint furnish sufficient basis by which the complaint can be maintained, the same should not be dismissed regardless of the defense that may be assessed by the defendants. (Ceroferr Realty Corp. v. Court of Appeals, G.R. No. 139539, 2002)

In order to sustain a dismissal on the ground of lack of cause of action, the insufficiency must appear on the face of the complaint. And the test of the sufficiency of the facts alleged in the complaint to constitute a cause of action is whether or not, admitting the facts alleged, the court can render a valid judgment thereon in accordance with the prayer of the complaint.

Thus, when the obligation to deliver the prestation is not yet due, as where the obligor still had six days to do so, a complaint filed for breach of the obligation should be dismissed. While the plaintiff claimed anticipatory breach in this case, this principle cannot be applied here because the obligation was single and indivisible – to deliver two units of frequency converter. Moreover, there was no showing that Danfoss refused to deliver, and on the contrary, Danfoss made an effort to make good on its obligation. (Danfoss, Inc v Continental Cement Corp, G.R. No. 143788, 2005).

Does Not Conform Substantially to the Prescribed Form

The defects contemplated are defects in form, as where the requirements for the sufficiency of information are not complied with.

Test for Sufficiency in Amparo Petition

The test in reading the petition for the writ of amparo should be to determine whether it contains the details available to the petitioner under the circumstances, while presenting a cause of action showing a violation of the victim’s rights to life, liberty and security through State or private party action.

The petition should likewise be read in its totality, rather than in terms of its isolated component parts, to determine if the required elements – namely, of the disappearance, the State or private action, and the actual or threatened violations of the rights to life, liberty or security – are present. (Razon v. Tagitis, G.R. No. 184298, 2009)

SUFFICIENCY OF NEWSPAPER PUBLICATION

True, to be a newspaper of general circulation, it is enough that it is published for the dissemination of local news and general information, that it has a bona fide subscription list of paying subscribers, and that it is published at regular intervals. Over and above all these, the newspaper must be available to the public in general, and not just to a select few chosen by the publisher. Otherwise, the precise objective of publishing the notice of sale in the newspaper will not be realized. (Metropolitan Bank and Trust Co. v. Peñafiel, G.R. No. 173976, 2009)

The crucial factor is not where the newspaper is printed but whether the newspaper is being circulated in the city or province where the property is located. (Gotesco Properties, Inc. v. Solidbank Corp., G.R. No. 209452, 2017)

In fact, to ensure a wide readership of the newspaper, jurisprudence suggests that the newspaper must also be appealing to the public in general. The Court has, therefore, held in several cases that the newspaper must not be devoted solely to the interests, or published for the entertainment, of a particular class, profession, trade, calling, race, or religious denomination. The newspaper need not have the largest circulation so long as it is of general circulation. (Id.)

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 statute;
• the acts or omissions constituting the offense;
• the name of the offended party;
• the approximate date of the offense; and
• the place where the offense was committed (Rule 110, Sec. 6).

Eyewitnesses whose names are not included in the information may still be presented by the prosecutor at trial (People v. Dela Cruz, G.R. No. 137967, 2001).

Test of sufficiency of the complaint or information:

The test is whether the crime is described in intelligible terms with such particularity as to apprise the accused, with reasonable certainty, of the offense charged to enable the accused to suitably prepare for his defense. (Lazarte, Jr. v. Sandiganbayan, G.R. No. 180122, 2009)

For as long as the ultimate facts constituting the offense have been alleged, an Information will be valid. (People v. Sandiganbayan Fourth Division, G.R. No. 160619, 2015)