If one or more elements of the offense have not been alleged in
the information, the accused cannot be convicted of the offense
charged, even if the missing elements have been proved during
Even the accused’s entering a plea of guilty to such defective
information will not cure the defect, nor justify his conviction
of the offense charged.
IMPORTANT: The new rule requires that the qualifying and
aggravating circumstances be alleged in the information.
1. To enable the court to pronounce a proper judgment;
2. To furnish the accused with such a description of the charge
as to enable him to make a defense;
3. As a protection against further prosecution for the same
cause. ( U.S. v. Karelsen).
RULE ON NEGATIVE AVERMENTS:
1. Where the law alleged to have been violated:
- prohibits generally acts therein defined
- is intended to apply to all persons indiscriminately,
- but prescribes certain limitations or exceptions from
its violation the information is sufficient if it
alleges facts which the offender did as constituting
a violation of law, without explicitly negating the
exception, as the exception is a matter of defense
which the accused has to prove.
2. Where the law alleged to have been violated...
- applies only to specific classes of persons and
- the exemptions from its violation are so incorporated
in the language defining the crime that the ingredients
of the offense cannot be accurately and clearly set
forth if the exemption is omitted, the information
must show that the accused does not fall within the
NOTE: When an exception or negative allegation is not an
ingredient of the offense and is a matter of defense, it need
not be alleged (U.S. v. Chan Toco,12 Phil 262).
- Where what is alleged in the information is a complex
crime and the evidence fails to support the charge as
to one of the component offenses, the defendant can
be convicted of the offense proven.