Information in Criminal Cases | PRACTICAL EXERCISES

Below is a comprehensive discussion of Information in Criminal Cases under Philippine law, focusing on relevant Remedial Law provisions, Legal Ethics, and some practical points and legal forms considerations. While this write-up is extensive, it is still recommended to consult the relevant codal provisions (particularly the Revised Rules of Criminal Procedure), jurisprudence, and updated issuances for the most authoritative statements on the subject.

I. DEFINITION AND NATURE OF AN INFORMATION

  1. Definition

    • An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
    • It is distinct from a Complaint, which is filed by the offended party or any peace officer or other public officer charged with the enforcement of the law violated (subject to exceptions).

  2. Purpose

    • To inform the accused of the nature and cause of the accusation against them.
    • To enable the court to acquire jurisdiction over the person of the accused and the subject matter of the accusation.

  3. Legal Basis

    • The principal provisions on the Information in criminal cases are found in Rule 110 (Prosecution of Offenses) of the Revised Rules of Criminal Procedure.
    • Constitutional underpinnings of the right of the accused to be informed of the nature and cause of the accusation (Article III, Section 14(2) of the 1987 Philippine Constitution).

II. DISTINCTION: COMPLAINT VS. INFORMATION

  1. Who Files

    • Complaint: Filed by the offended party or by any peace officer or other public officer charged with the enforcement of the law violated.
    • Information: Filed by the prosecutor or other authorized prosecuting officer.

  2. Form and Content

    • Both must be written.
    • Both must contain similar requisites for validity (name of the accused, designation of the offense, acts or omissions complained of, etc.).
    • The main difference is the signatory: the offended party (or peace officer) for a complaint, versus the prosecutor for an information.

  3. Effect on Jurisdiction

    • For the court to acquire jurisdiction over the person of the accused and the offense charged, there must be a valid complaint or information.
    • Defect in the complaint or information may affect the validity of the proceedings unless remedied by an amendment or cured by evidence without objection.

III. CONTENTS AND REQUISITES OF A VALID INFORMATION

A. Mandatory Contents (Rule 110, Section 6)

  1. Name of the Accused

    • The Information must state the name and personal circumstances of the accused, or if unknown, a fictitious name with a description that can identify them.
    • Accuracy is essential to avoid issues of mistaken identity or ambiguous allegations.

  2. Designation of the Offense

    • The Information must state the name of the offense given by law (e.g., Murder, Theft, Estafa, etc.).
    • If the law does not provide a specific name for the offense, reference the section or subsection of the law allegedly violated (e.g., “Violation of Section 5, R.A. No. 9165”).

  3. Acts or Omissions Constituting the Offense

    • Clear and concise statement of the acts or omissions that constitute the offense charged.
    • It must be stated in ordinary and concise language.

  4. Name of the Offended Party

    • When required by law, the name or any designation that can identify the offended party should be provided.
    • In crimes against property (e.g., Theft, Robbery, Estafa), the offended party is the owner or lawful possessor of the property.
    • In crimes involving personal violence (e.g., Murder, Homicide, Physical Injuries), the offended party is the person injured or killed.

  5. Approximate Date of Commission

    • The Information must specify the approximate time (or date) the offense was committed, if the exact date is unknown.
    • This ensures compliance with the right of the accused to be informed with sufficient precision to prepare a defense.

  6. Place of Commission

    • The Information must state the place (municipality or city and province) where the offense was committed or is alleged to have been committed.
    • The place of commission may affect venue and jurisdiction.

  7. Signature of the Public Prosecutor

    • The Information must be signed by the public prosecutor or any authorized prosecuting officer.
    • This is crucial for validity; an unsigned Information is void.

B. Other Notable Points

  • Omission or Defect: If there is a substantial defect or omission in the Information (e.g., it fails to allege an essential element of the crime), it may render the Information invalid.
  • Surplusage: Surplusage or extra language that does not affect the essential allegations of the Information is generally disregarded and does not affect validity.

IV. AMENDMENT OR SUBSTITUTION OF INFORMATION

  1. Amendment Before Plea

    • The prosecutor can amend the Information in form or substance before the accused enters a plea, without need for leave of court.
    • This includes changing the nature of the offense charged if warranted by the evidence, or correcting errors in the name of the accused, date, place, etc.

  2. Amendment After Plea

    • After the accused has pleaded, only formal amendments may be made, and only with leave of court, and provided it does not prejudice the rights of the accused.
    • Any substantial amendment (one that affects the nature of the offense charged) after the plea would generally require the filing of a new Information and the accused to plead anew, or, in some instances, it is barred altogether.

  3. Substitution of Information

    • If it appears at any time before judgment that the offense charged in the original Information is not the proper offense, the prosecution may move for substitution, subject to the rights of the accused to raise the defense of jeopardy if it applies.
    • Substitution is more substantial in scope than mere amendment.

V. EFFECT OF DEFECTS IN THE INFORMATION

  1. Waiver of Defects

    • If the accused fails to object to a defect in the Information before arraignment, such defect may be deemed waived, provided it is not a jurisdictional defect or does not affect the substantial rights of the accused.
    • However, if the Information fails to charge an offense altogether, this is a fundamental flaw that cannot be waived.

  2. Quashal of Information

    • The accused may move to quash the Information if it appears that the facts charged do not constitute an offense, or if the court has no jurisdiction, or there is double jeopardy, among other grounds.
    • If the motion to quash is granted, the case is dismissed, but the dismissal may be provisional or final depending on the ground.

VI. LEGAL ETHICS CONSIDERATIONS

  1. Duty of the Prosecutor

    • The prosecutor must ensure that the Information is filed only when there is probable cause.
    • The prosecutor must act in good faith and with fairness in drafting the Information.
    • Rule 6.02 of the Code of Professional Responsibility (for lawyers) states that a lawyer in government service shall not use his public position to promote or advance his private interests. This applies to prosecutors ensuring neutrality and impartiality.

  2. Duty of Defense Counsel

    • Defense counsel must diligently review the Information for defects.
    • Should raise timely objections and safeguard the rights of the accused to be properly and sufficiently informed of the charges.

  3. Duty of Candor to the Court

    • Both prosecution and defense lawyers must maintain candor towards the tribunal.
    • Misrepresentations in the drafting or in the content of the Information can lead to sanctions or charges of misconduct.

VII. PRACTICAL POINTS ON PREPARATION OF AN INFORMATION

  1. Gathering Evidence and Probable Cause

    • The prosecutor must have sufficient evidence constituting probable cause to support each material allegation.
    • Inquest proceedings or preliminary investigation typically precede the drafting of the Information (unless it is a direct filing situation).

  2. Drafting Style

    • Use concise and clear language.
    • Cite relevant penal provisions or special law provisions.
    • Number paragraphs and keep allegations specific but succinct.

  3. Consistency with Documentary Attachments

    • If the offense involves documentary evidence (e.g., in Estafa or Falsification cases), ensure the Information references these documents consistently.

  4. Coordination with Investigators and Complainants

    • The prosecutor should clarify any inconsistencies or missing elements before finalizing the Information.
    • Ensuring clarity can prevent future motions to quash or amendments.

VIII. EXAMPLE OF A BASIC FORM OF AN INFORMATION

Republic of the Philippines
Province/City of ________
Office of the Prosecutor

INFORMATION

The undersigned Prosecutor accuses ______________ of the crime of ______________ (e.g., Murder) committed as follows:

That on or about the ______________ day of ____________, 20, in the Municipality/City of ______________, Province of ______________, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with treachery and taking advantage of superior strength (if applicable), did then and there willfully, unlawfully, and feloniously attack, assault, and use personal violence upon one ______________, thereby inflicting upon the latter mortal wounds which caused his death, to the damage and prejudice of the heirs of ______________.

ACTS CONTRARY TO LAW.

(Signature of Prosecutor)
Prosecutor IV
Office of the City/Provincial Prosecutor

VERIFICATION/CERTIFICATION

  • In some instances, an oath or certification is required, especially if required by a special law or local rule.
  • In typical criminal Informations for violation of the Revised Penal Code, a formal verification is not usually required, but the signature of the Prosecutor is essential.

Notes:

  • If there are multiple accused, name them separately and specify their acts, especially in complex crimes or conspiracy.
  • If the offense is a violation of a special law, mention the specific section and subsection of that law and the particular penalty classification.

IX. KEY TAKEAWAYS

  1. An Information must be complete and valid for the court to lawfully acquire jurisdiction over the person of the accused and the offense charged.
  2. Defects in form or content can be grounds for a motion to quash if they prejudice substantial rights or fail to charge an offense.
  3. Amendments are generally permitted before plea (whether formal or substantial) and more restricted after plea (only formal).
  4. Legal ethics demands that prosecutors file Informations supported by evidence (probable cause) and that defense counsel is vigilant in safeguarding the accused’s rights.
  5. Practical drafting guidelines ensure the Information is clear, accurate, and meets all technical and substantive requirements.

In summary, the Information in a criminal case is critical because it frames the charge against the accused and initiates the court’s exercise of jurisdiction. The prosecutorial duty to carefully draft the Information is balanced by the defense counsel’s responsibility to scrutinize it. Strict adherence to the rules on form and content and ethical considerations is indispensable to due process in criminal proceedings.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login