Consummated Crimes | Information in Criminal Cases | PRACTICAL EXERCISES

Consummated Crimes | Information in Criminal Cases | PRACTICAL EXERCISES

Below is a thorough, step-by-step discussion of Information in Criminal Cases (Consummated Crimes) under Philippine law, with emphasis on Remedial Law, Legal Ethics, and Legal Forms. This discussion will cover:

  1. Definition and Nature of an Information
  2. Distinguishing an Information from a Complaint
  3. Consummated Crimes Under the Revised Penal Code
  4. Essential Allegations in an Information for a Consummated Crime
  5. Form and Content Requirements
  6. Drafting a Sample Information (Legal Form)
  7. Important Remedial Law Principles
  8. Relevant Ethical Considerations

1. Definition and Nature of an Information

A. Definition

  • An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
  • It serves as the formal written charge setting forth the facts and circumstances constituting the offense so that the accused is fully informed of the nature of the accusation.

B. Purpose

  • The Information ensures that the accused understands the exact offense charged, allowing them to prepare a defense.
  • It protects the constitutional right of the accused to be informed of the nature and cause of the accusation (Article III, Section 14(2) of the 1987 Constitution).

2. Distinguishing an Information from a Complaint

  1. Complaint

    • A complaint is a sworn written statement charging a person with an offense.
    • It is usually subscribed by the offended party, any peace officer, or other public officer charged with enforcing the law.
  2. Information

    • An Information, on the other hand, is filed by a public prosecutor or other officer authorized by law to conduct a preliminary investigation and to prosecute offenses.

In practice, complaints are typically used at the investigation stage (barangay complaint, prosecutor’s office, etc.), while an Information is the formal charging document filed in court after a finding of probable cause.


3. Consummated Crimes Under the Revised Penal Code

A. Stages of Execution of Crimes

Under the Revised Penal Code (RPC), felonies can be attempted, frustrated, or consummated:

  1. Attempted Felony

    • When the offender begins the commission of a felony but does not perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.
  2. Frustrated Felony

    • When the offender has performed all the acts of execution which would produce the felony as a consequence, but the felony is not produced by reason of causes independent of the will of the perpetrator.
  3. Consummated Felony

    • When all the elements necessary for the execution and accomplishment of the felony are present, resulting in its completion.

B. Importance of Accurate Allegation of Consummation

  • The degree or stage of the felony (consummated, frustrated, or attempted) directly affects the imposable penalty under the RPC.
  • Prosecutors must determine whether the crime has been fully carried out (i.e., consummated) or not, as this has significant repercussions on the penalty and the accused’s defense.

4. Essential Allegations in an Information for a Consummated Crime

An Information charging a consummated offense must state:

  1. Jurisdictional Facts

    • The court must have jurisdiction over the subject matter and the person of the accused. Typically, the offense must have been committed within the territorial jurisdiction of the court where the Information is filed.
  2. Name of the Offended Party

    • State the name of the person or entity offended by the crime.
    • If the offended party is a private individual, use their real name or, if unknown, a fictitious name alongside a statement that the real name is unknown.
  3. Name of the Accused

    • The name (real name or alias, if real name is unknown) of the accused. Proper identification ensures the correct individual is charged.
  4. Designation of the Offense

    • Specify the name of the offense (e.g., Murder, Homicide, Theft, Robbery) given by statute.
  5. Acts or Omissions Constituting the Offense

    • A concise statement of the ultimate facts and essential elements of the crime. Do not merely state legal conclusions (e.g., “the accused committed theft”); rather, describe how the accused took personal property belonging to another without consent and with intent to gain.
  6. Date and Place of Commission

    • Indicate the approximate date (or range of dates, if exact date is unknown) and the place where the offense was allegedly committed, to show the court’s territorial jurisdiction.
  7. All Elements Indicating Completion/Consummation

    • For a crime to be charged as consummated, all the elements must be alleged to have been fulfilled.

5. Form and Content Requirements

Under Rule 110 (Prosecution of Offenses) of the Revised Rules of Criminal Procedure:

  1. Style and Caption

    • The case title typically reads: “People of the Philippines vs. (Name of Accused).”
  2. Signature

    • Must be signed by the public prosecutor (Assistant City Prosecutor, Provincial Prosecutor, or State Prosecutor).
  3. Language

    • The Information should be in plain language, clearly understandable to the accused.
  4. No Duplicitous Charges

    • Each Information should charge only one offense, except in cases where the law prescribes a single punishment for various offenses (complex crimes).
  5. Amendments

    • Substantial amendments to the Information (e.g., changing the nature of the offense) cannot be done without leave of court, especially if prejudicial to the rights of the accused or if done after arraignment.
    • Formal amendments (e.g., corrections of typographical errors) may be allowed at any stage in the discretion of the court, provided no prejudice is caused to the accused.

6. Drafting a Sample Information (Legal Form)

Below is a sample Information for a Consummated Crime of Homicide, which you can adapt to other crimes by changing the offense name and the factual allegations. This is for illustration purposes only.

Republic of the Philippines
Regional Trial Court
[Branch Number], [City or Province]

PEOPLE OF THE PHILIPPINES,
    Plaintiff,

- versus -

JUAN DELA CRUZ,
    Accused.

Criminal Case No. ______
For: HOMICIDE

I N F O R M A T I O N

The undersigned Prosecutor accuses JUAN DELA CRUZ of the crime of Homicide, committed as follows:

That on or about the 15th day of December 2025, in the City of Example, Philippines, and within the jurisdiction of this Honorable Court, the said accused, Juan Dela Cruz, with intent to kill and without any justifiable cause, did then and there willfully, unlawfully, and feloniously attack, assault, and stab one Pedro Santos with a bladed weapon, hitting him on the vital parts of his body, thereby inflicting upon him mortal wounds which caused his death soon thereafter.

CONTRARY TO LAW.

[Place and Date of Filing]

___________________________________
(Signature of Prosecutor)
[Name of Prosecutor]
(Title/Position)

Key Points in the Sample

  1. Designation of the offense: Homicide.
  2. Ultimate facts: The manner in which the crime was committed and its essential elements—(a) intent to kill, (b) victim’s death, (c) accused’s direct participation.
  3. Time and place: Approximate date and location are specifically mentioned.
  4. Contra to Law: Standard phrase indicating violation of the Revised Penal Code or relevant special penal law.

7. Important Remedial Law Principles

  1. Certainty of Identity of the Accused

    • Ensures correct person is prosecuted; mistakes can lead to wrongful accusations and violations of due process.
  2. Right to be Informed

    • Stemming from the Constitution and the Revised Rules, the accused has the right to know the exact nature of the charge for adequate defense preparation.
  3. Probable Cause and Preliminary Investigation

    • Before filing an Information, the prosecutor must determine the existence of probable cause that the offense was committed and that the accused is probably guilty thereof.
  4. No Surprises at Trial

    • The Information must allege the facts. The prosecution cannot present evidence of an unalleged material fact that changes the theory of the offense charged.
  5. Double Jeopardy

    • Once an accused is arraigned on a particular Information and the case is terminated (whether by acquittal or conviction), they cannot be charged again for the same offense or an offense that is necessarily included in the original charge.

8. Relevant Ethical Considerations

  1. Prosecutor’s Ethical Duty

    • A prosecutor should only file an Information if there is reasonable ground to believe that a crime has been committed and the accused is probably guilty thereof (Rule 110, in relation to jurisprudence on probable cause).
    • Filing a baseless or malicious Information violates professional responsibility and can be a ground for disciplinary action.
  2. Defense Counsel’s Role

    • Defense counsel must protect the constitutional rights of the accused, ensuring that no defective Information or prosecutorial misconduct infringes on their client’s rights.
    • Counsel must move to quash or seek bill of particulars if the Information is vague or does not contain all the essential elements.
  3. Candor and Fairness

    • Both the prosecution and the defense must observe candor toward the court: no misleading statements, subornation of perjury, or suppression of material facts.
  4. Duty to the Court

    • Attorneys must avoid delaying tactics and ensure that all procedural rules are followed in good faith.

Conclusion

When charging consummated crimes through an Information in the Philippines, precise adherence to Remedial Law (particularly Rule 110 of the Revised Rules of Criminal Procedure), careful presentation of essential elements, and observance of ethical duties are paramount. Accurately identifying that all elements of the offense were carried out to completion is critical to avoid errors in the designation and to comply with constitutional and procedural guarantees. The sample form provided exemplifies how each element—from jurisdictional facts to the essential factual allegations—should be reflected in the Information so that the accused’s rights are safeguarded and the court is properly apprised of the nature of the case.

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