News Ticker

Menu

Sufficiency Of Complaint Or Information


Section 6. 

A COMPLAINT IS SUFFICIENT IF IT STATES:
1. the name of the accused
2. the designation of the offense by a statute
3. the acts or omission complained of as constituting the offense
4. the name of the offended party
5. the approximate time of the commission of the offense
6. the place where the offense was committed.

People v. Dela Cruz, G.R. No.137967 (2001)
   The non-inclusion of some of the names of the eyewitnesses
   in the information does not preclude the prosecutor from
   presenting them during trial.

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.

Purpose: To inform the accused of the nature and cause of the
accusation against him, which is a constitutional right. The
objectives of the right are:
1) to furnish the accused with such a description of the charge
   against him as will enable him to make the defense
2) to avail himself of his conviction or acquittal for
   protection against further prosecution for the same cause;
3) to inform the court of the facts alleged, so that it may
   decided whether they are sufficient in law to support a
   conviction, if should be had.


NOTE: 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.




Share This:

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.

No Comment to " Sufficiency Of Complaint Or Information "

Post Any Question Or Correction

  • To add an Emoticons Show Icons
  • To add code Use [pre]code here[/pre]
  • To add an Image Use [img]IMAGE-URL-HERE[/img]
  • To add Youtube video just paste a video link like http://www.youtube.com/watch?v=0x_gnfpL3RM