- 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.
- 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
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.