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Place Of The Commission Of The Offense


Section 10.

GENERAL RULE:
   - A complaint or information is sufficient if it appears from
     the allegation that the offense was committed or some of
     its essential ingredients occurred at some place, within
     the territorial jurisdiction of the court.

     EXCEPTION:
        - When the place of commission is an essential element
          of the offense, the place of commission must be
          alleged with particularity e.g. trespass to dwelling,
          destructive arson, robbery in an inhabited house.

PURPOSE: To show territorial jurisdiction of the court.

May conviction be had even if it appears that the crime was
committed not at the place alleged in the information?
   - Yes, provided the place of actual commission was within
     the jurisdiction of the court.

   - UNLESS: the particular place of commission is an
     essential element of the offense charged.


Section 11. Date of commission of the offense

What is the determinative factor in the resolution of the
question involving a variance between the allegation and proof
in respect of the date of the crime? The element of surprise
on the part of the accused and his inability to defend himself
properly

People v. Elpedes, G.R. No. 137106-07 (2001)
   - The remedy against an indictment that fails to allege the
     time of commission of the offense with sufficient
     definiteness is a motion for bill of particulars
     (Rule 116  10). The failure to move or specification or
     the quashal of the information on any of the grounds
     provided for in the Rules deprives the accused of the
     right to object to evidence which could be lawfully
     introduced and admitted under an information of more or
     less general terms but which sufficiently charges the
     accused with a definite crime. Besides, the exact date
     of the commission of the crime is not an essential element
     of the crime.

People v. Baniguid, GR No. 137714 (2000)
   - Death penalty is imposed for the crime of rape if the
     “victim is under 18 years of age and the offender is a
     parent of the victim.” For this purpose, the special
     qualifying circumstances of the victim’s minority and her
     relationship with the offender must be alleged and proved.
     The information must state the exact age of the victim at
     the time of the commission of the crime.

People v. De Villa, G.R. No. 124639 (2001)
   - Under the amendatory provisions of RA 7659 Sec.11, the
     attendance of facts that would mandate the imposition of
     the single indivisible penalty of death are in the nature
     of qualifying circumstances which should be alleged in
     the information and proved at the trial. The New Rules of
     Criminal Procedure which took effect on Dec. 1, 2000, now
     specifically require that both qualifying and aggravating
     circumstances to be alleged in the information.










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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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