INFORMATION

An INFORMATION is an accusation in
writing charging a person with an
offense, subscribed by the prosecutor
and filed with the court.

(Section 4, Rule 110 of the Revised Rules of Court)

A Complaint or INFORMATION is sufficient
if it states:
(SECTION 6, RULE 110 of the Revised Rules of Court)

 The name of the accused,

 The designation of the offense given by the
statute,
 The acts or omissions complained of as
constituting the offense,
 The name of the offended party,
 The approximate date of the commission of
the offense, and
 The place where the offense was committed.
1. The name of the accused
SECTION 7, RULE 110 of the Revised Rules of Court

“The complaint or information must state the

name and surname of the accused or any appellation
or nickname by which he has been or is known. If his
name cannot be ascertained, he must be described
under a fictitious name with a statement that his true
name is unknown.

If the true name of the accused is thereafter

disclosed by him or appears in some other manner to
the court, such true name shall be inserted in the
complaint or information and record.”
1. The name of the accused
SECTION 7, RULE 110 of the Revised Rules of Court

 Purpose of the Rule;

 To enable the court to acquire jurisdiction over his
person and to inform him of the facts.

 (FYI)
Verbal Motion to correct spelling is sufficient.
(San Diego vs. Hernandez, 24 SCRA 110, 1968)
2. The designation of the offense given by
the statute
SECTION 8, RULE 110 of the Revised Rules of Court

“The complaint or information shall state the

designation of the offense given by the statute, aver
the acts or omissions constituting the offense, and
specify its qualifying and aggravating circumstances.
If there is no designation of the offense, reference
shall be made to the section or subsection of the
statute punishing it.”
3. The acts or omissions complained of
constituting the offense
SECTION 9, RULE 110 of the Revised Rules of Court

“The act or omissions complained of as

constituting the offense and the qualifying and
aggravating circumstances must be stated in ordinary
and concise language and not necessarily in the
language used in the statute but in terms sufficient to
enable a person of common understanding to know
what offense is being charged as well as its qualifying
and aggravating circumstances and for the court to
pronounce judgment”
 Purpose of Rule #2 & 3

 The purpose is to fully appraise the accused of the

true charge against him.

 The rule broadens the concept and scope of the right

of the accused to be informed of the nature and
cause of the accusation against him.

 This was explained in U.S vs. Karelsen, “The object

of this written accusation was,
1. to furnish the accused with such a description of the
charge against him as will enable him to make his
defense and,
2. to avail himself of his conviction or acquittal for
protection against a further prosecution for the same
cause, and,

3. to inform the court the facts alleged so that it may

decide whether they are sufficient to support a
conviction if one should be had in order that this
requirement may be satisfied, FACTS MUST BE STATED,
NOT CONCLUSIONS OF LAW. Every crime is made up of
certain acts and intent THESE MUST BE SET FORTH IN
THE COMPLAINT WITH REASONABLE PARTICULARITY
OF TIME, PLACE, NAMES, AND CIRCUMSTANCES.”

In short, the complaint or information must contain

specific allegations of every fact and circumstance
necessary to constitute the crime charged.
4. The name of the offended party
SECTION 12, RULE 110 of the Revised Rules of Court

“The complaint or information must state the name and

surname of the person against whom or against whose property
the offense was committed, or any appellation or nickname by
which such person has been or is known. If there is no better way
of identifying him, he must be described under a fictitious name.”

a) In offenses against property, if the name of the offended party

is unknown, the property must be described with such
particularity as to properly identify the offense charged

b) If the true name of the person against whom or against whose

property the offense was committed is thereafter disclosed or
ascertained, the court must cause such true name to be
inserted in the complaint or information and the record.

c) If the offended party is a juridical person, it is sufficient to

state its name, or any name or designation by which it is
known or by which it may be identified, without need of
averring that it is a juridical person or that it is organized in
accordance with law.
5. The approximate date of the commission
of the offense
SECTION 11, RULE 110 of the Revised Rules of Court

“It is not necessary to state in the complaint or

information the precise date the offence was
committed except when it is a material ingredient of
the offence. The offense may be alleged to have been
committed on a date as near as possible to the actual
date of its commission.”
 5. The approximate date of the commission of the
offense
SECTION 11, RULE 110 of the Revised Rules of Court

 (FYI) Crimes where time is ESSENTIAL, to wit;

 Infanticide (Art. 255 of the RPC)
 Abortion (Art 256-257 of the RPC)
 Violation of Sunday Statutes (election law)
6. The place where the offense was committed
SECTION 10, RULE 110 of the Revised Rules of Court

“The complaint or information is sufficient if it can

be understood from its allegations that the offense
was committed or some of its essential ingredients
occurred at some place within the jurisdiction of the
court, unless the particular place where it was
committed constitute an essential element of the
offense charged or is necessary for its identification.”
6. The place where the offense was committed
SECTION 10, RULE 110 of the Revised Rules of Court

 Purpose of Rule:
 Not only to identify where the offense is committed,
but also to show the territorial jurisdiction of the
court.

 (FYI) Crimes where place is ESSENTIAL, to wit;

 Violation of domicile (Art. 128, RPC)
 Penalty on keeper, watchman, and visitor of an
opium den (Art. 199, RPC)
 Trespass to dwelling (Art. 280, RPC)
 Violation of election law e.g 30-meter radius carrying
of deadly weapon prohibited (Election Code)
correlation

Section 10

Section 15

B.P Blg. 129

The place where the action is filed
SECTION 15, RULE 110 of the Revised Rules of Court

 Subject to existing laws, the criminal action shall be instituted and

tried in the court of the municipality or territory where the offense
was committed or where any of its essential ingredients occurred.

 Where an offense is committed in a train, aircraft, or other public

or private vehicle in the course of its trip, the criminal action shall
be instituted and tried in the court of any municipality or territory
where the said train, aircraft, or other vehicle passed during its
trip, including the place of departure and arrival.

 Where an offense is committed on board a vessel in the course of

its voyage, the criminal action shall be tried in the court of the first
port of entry or of any municipality or territory where the vessel
passed during such voyage, subject to the generally accepted
principles of international law.

 Crimes committed outside the Philippines but punishable under

Article 2 of the Revised Penal Code shall be cognizable by the
court where the criminal action is first filed.
The Judiciary Reorganization Act of 1980
(B.P Blg. 129, as amended)

 may be used as a reference regarding the venue of

the court who will try the case

 (FYI)13 Regional Trial Courts, one of each of the

following Judicial regions
(SECTION 13, CHAPTER 2, B.P Blg. 129)
The Judiciary Reorganization Act of 1980
(B.P Blg. 129, as amended)

 The National Capital Judicial  And the municipalities of

Region consisting of the 6. Navotas
cities of: 7. Malabon
1. Manila 8. San Juan
2. Quezon 9. Makati
3. Pasay 10. Pasig
4. Caloocan 11. Pateros
5. Mandaluyong 12. Taguig
13. Marikina
14. Paranaque
15. Las Pinas
16. Muntinlupa
17. Valenzuela
The Judiciary Reorganization Act of 1980
(B.P Blg. 129, as amended)

 One hundred seventy two (172) Regional Trial judges shall be

commissioned for the National Capital Judicial Region

 51 Branches for the City of Manila (Branches 1 to 55)

 32 Branches for Quezon City (Branches 76 to 107)
 12 Branches for Pasay City (Branches 108 to 119)
 12 Branches for Caloocan City (Branches 120 to 131)
 58 Branches for the municipalities of (Branches 56 to 74 & 132 to 170)
Navotas Pateros
Malabon Taguig
San Juan Marikina
Mandaluyong Paranaque
Makati Las Pinas
Pasig Muntinlupa

 3 Branches for the municipality of Valenzuela (Branches 75, 171, & 172)
Example
NOTE:
SECTION 13, RULE 110 of the Revised Rules of Court

“A complaint or information must charge only one

offense, except when the law prescribes a single
punishment for various offenses.”
NOTE:
SECTION 13, RULE 110 of the Revised Rules of Court

 Purpose of Rule:
 The Information is defective when it charges two
or more offenses. The rule enjoining the
charging of two or more offenses in an
Information has for its aim to give the defendant
the necessary knowledge of the charge to enable
him to prove his defenses. The State should not
heap upon the defendant two or more charges
against him which might confuse him in his
defenses.
(People vs. Ferrer, 101 Phil 234, 1957)
NOTE:
SECTION 13, RULE 110 of the Revised Rules of Court

 Effects of Duplicity of Offenses

Charged
 When two or more offenses are charged in a single
complaint or information, and the accused fails to
object to it before trial, the court may convict the
accused of as many offenses as are charged and
proved, and impose on him the penalty for each
and every one of them setting out separately the
findings of fact and law in each case.
NOTE:
SECTION 13, RULE 110 of the Revised Rules of Court

 Remedy of the Accused

 Under Section 3, Rule 117, the accused may
move to quash the complaint or information, on
the ground that more than one offense is
charged except in those cases in which existing
laws prescribe a single punishment for various
offenses, e.g.
 complex crimes (Art. 48, RPC) or
 special complex crimes such as robbery with
homicide, rape with homicide, or rebellion
complexed with murder, robbery, and
kidnapping.