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Duplicity Of The Offense


Section 12. Name of the offended party

The rules require the complaint or information to state the name
and surname of the persons against whom or against whose property
the offense was committed or any appellation or nickname by which
such person has been or is known and if there is no better way of
identifying him, he must be described under a fictitious name
(Sayson v. People, 166 SCRA 693).

In crimes against property, if the name of the offended party is
unknown, the property must be described with such particularity
as to properly identify the particular offense charged.

To constitute larceny, robbery, embezzlement, obtaining money by
false pretenses, malicious mischief, etc., the property obtained
must be that of another person, and indictment for such offense
must name the owner and a variance in this respect between the
indictment and the proof will be fatal.


Section 13. Duplicity of the Offense

The information is defective when it charges two or more DISTINCT
or DIFFERENT offenses. A complaint or information must charge
only one offense, except when the law prescribes a single
punishment for various offenses.

PURPOSE: To give the defendant the necessary knowledge of the
charge to enable him to prove his defense. The State should not
heap upon the defendant two or more charges which might confuse
him in his defense.

WAIVER
   - When the accused fails, BEFORE ARRAIGNMENT, to move for
     the quashal of the information which charges 2 or more
     offenses, he thereby waives the objection and may be
     found guilty of as many offenses as those charged and
     proved during the trial.

Where the law with respect to an offense may be committed in
any of the different modes provided by law, the indictment in
the information is sufficient if the offense is alleged to have
been committed in one, two or more modes specified therein.
The various ways of committing the offense should be considered
as a description of only one offense and the information
cannot be dismissed on the ground of multifariousness.

EXCEPTIONS TO THE RULE ON DUPLICITY
1. continuous crimes
2. complex crimes
3. special complex crimes
4. crimes susceptible of being committed in various modes
5. crimes of which another offense is an  ingredient

REQUISITES OF CONTINUOUS CRIMES:
1. Plurality of acts performed separately during a period of time;
2. Unity of penal provision infringed upon or  violated;
3. Unity of criminal intent which means that two or more
   violations of the same penal provision  are united on one and
   the same intent leading  to the perpetration of the same
   criminal purpose or claim (People v. Ledesma).









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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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