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Information in Criminal Cases

Attempted Crimes | Information in Criminal Cases | PRACTICAL EXERCISES

Below is a comprehensive discussion on “Attempted Crimes” in the context of Philippine Remedial Law, Legal Ethics, and the preparation of criminal Informations. The focus is both substantive (i.e., what the law says about attempted felonies) and procedural (i.e., how to properly draft and file an Information for attempted crimes). This includes relevant references to the Revised Penal Code (RPC), the Rules of Court, and guidance on ethical considerations.


I. SUBSTANTIVE LAW FRAMEWORK

A. Definition of Attempted Crimes under the Revised Penal Code

Under the Philippine Revised Penal Code (RPC), felonies may be classified according to the stage of execution:

  1. Attempted
  2. Frustrated
  3. Consummated

Attempted Felony is defined in Article 6 of the RPC. A person commits an attempted felony when he “commences the commission of a felony directly by overt acts,” but does not perform all the acts of execution necessary to produce the felony due to some cause or accident other than his or her own spontaneous desistance.

1. Commencement of the Commission of a Felony

An offender must begin the actual execution by doing an overt act toward the intended felony. It is not mere planning or preparation; it must be the start of the criminal act itself.

2. Non-Performance of All Acts of Execution

To be in the attempted stage, the offender must fail to complete all of the acts that would ordinarily produce the felony.

3. Cause Other Than Spontaneous Desistance

The reason the offender did not finish the felony must be independent of his or her own voluntary stopping. This could be due to outside intervention, miscalculation, or any event beyond the offender’s control.

B. Distinction from Frustrated and Consummated Crimes

  • Frustrated Felony (Article 6, RPC): The offender has performed all the acts of execution which would produce the felony as a consequence, but the felony is not produced due to causes independent of the will of the perpetrator.
  • Consummated Felony: All acts of execution are performed and the felony is actually produced.

Hence, in an attempted felony, the offender begins the commission but does not reach the final stage of performance of all acts necessary to commit the crime.

C. Penalties for Attempted Crimes

The penalty for an attempted crime is generally two degrees lower than that prescribed by law for the consummated crime (Article 51, RPC). There are special laws or circumstances that may alter the application of penalties, but the guiding principle from the RPC is that attempts carry a lighter penalty than frustrated or consummated offenses.


II. REMEDIAL LAW PERSPECTIVE

A. Basic Requirements in the Filing of Criminal Actions

Under Section 2, Rule 110 of the Rules of Court, criminal actions in the Philippines are commenced by the filing of a complaint or an information in court for the purpose of prosecution. For offenses covered by the Revised Penal Code or special laws, typically a prosecutor (or authorized officer) prepares and files the Information.

B. Contents of the Information (Rule 110, Rules of Court)

An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. It must set forth the following:

  1. Name of the accused or any appellation by which he is known and, if his name is unknown, a fictitious name with a statement that his true name is unknown.
  2. Designation of the offense by the statute or the specific penal provision the accused is alleged to have violated.
  3. Acts or omissions complained of as constituting the offense, including the qualifying and aggravating circumstances, in ordinary and concise language so as to enable a person of common understanding to know what offense is being charged.
  4. Name of the offended party, if known.
  5. Approximate date of the commission of the offense.
  6. Place where the offense was committed.

C. Specifics for Attempted Crimes

When charging attempted crimes, it is crucial to properly reflect the elements of the attempt in the Information. The Information must:

  1. Allege the intended felony the accused had set out to commit (e.g., murder, homicide, theft, robbery, etc.).
  2. Allege the overt acts that commenced the commission of that felony.
  3. State that not all acts of execution were performed (that it did not reach the point of producing the felony or the act was not completed).
  4. Explain the cause of non-consummation (typically, “by reason or cause other than the spontaneous desistance of the accused” or by external causes).

Including these details is necessary so the accused will understand that the charge is for an attempted stage of a particular felony rather than for a frustrated or consummated felony.


III. LEGAL ETHICS CONSIDERATIONS

A. Prosecutor’s Duty

  • Probable Cause Determination: Prosecutors must ensure there is adequate evidence that an attempted crime was committed. They must confirm that the acts done constitute more than mere preparation.
  • Avoiding Harassment Suits: Prosecutors must guard against filing criminal Informations in bad faith or without sufficient evidence, as this is unethical and an abuse of process.
  • Accuracy and Specificity: It is the ethical and professional responsibility of the prosecutor to accurately reflect the stage of the crime and the nature of the act in the Information. Misrepresentations can undermine a fair trial and due process.

B. Defense Counsel’s Duty

  • Zealous Representation: Defense counsel must examine the elements to ensure that the complaint or Information indeed charges the proper stage (attempted vs. frustrated vs. consummated).
  • Protecting Rights of the Accused: Defense counsel must invoke any defenses, including the argument that the accused’s conduct did not rise beyond mere preparation or the possibility of absolutory cause (e.g., spontaneous desistance before finishing the commission of the offense).
  • Duty of Candor: The lawyer must be candid toward the court. Any misrepresentation—knowingly presenting false statements or evidence regarding the stage of the offense—violates legal ethics.

C. Court’s Duty

  • Judicial Impartiality: The court must remain neutral, ensuring that the Information is based on probable cause and that it states all material allegations required by law.
  • Protect the Rights of the Accused and the People: The court ensures that there is no undue prejudice against the accused and that justice is meted out according to the evidence and the proper stage of the crime.

IV. LEGAL FORMS: SAMPLE INFORMATION FOR AN ATTEMPTED CRIME

Below is a general template for an Information charging an attempted felony. Adapt and tailor it to the specific felony, facts, and circumstances.


REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

[Branch No.], [City/Province]

PEOPLE OF THE PHILIPPINES
Plaintiff,

- versus -

[NAME OF ACCUSED],
Accused.

CRIMINAL CASE NO. [_______]
For: Attempted [Felony]
(e.g., Attempted Homicide, Attempted Murder, etc.)

I N F O R M A T I O N

The undersigned [Prosecutor/Assistant Prosecutor/Officer Authorized by Law] accuses [Name of Accused] of the crime of Attempted [Specify Felony] committed as follows:

That on or about the __ day of _______, 20, in the [City/Province] of __________, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to [kill, steal, commit serious physical injuries, etc.] and having commenced the commission of such offense by overt acts, did then and there willfully, unlawfully, and feloniously [state the specific overt acts committed, e.g., “attack, assault, and use personal violence upon [Name of Victim] by aiming a firearm and pulling the trigger…”], thus commencing the commission of the said offense directly by overt acts, but the accused did not perform all the acts of execution which would have produced the crime of [Murder/Homicide/Robbery], by reason of causes other than his/her own spontaneous desistance, to wit: [explain the external or intervening cause, e.g., “the firearm malfunctioned,” “the victim ran away,” or “someone grabbed the accused’s arm”].

Contrary to law.

[Date and Place of Execution of the Information]

[Signature of Prosecutor] [Name and Position]


Important Notes in Drafting

  1. Precisely identify the intended crime: If it is attempted homicide, mention that the accused intended to kill the victim.
  2. Allege the essential elements: Clearly indicate the act was started but not completed.
  3. Outline the intervening cause: Show that the non-consummation was due to something beyond the accused’s control (and not because of his/her voluntary abandonment).
  4. Date and place: Always be specific, as it is crucial for jurisdiction and the accused’s right to be informed of the nature of the charge.
  5. Keep it concise, direct, and in plain language: This fosters clarity for both the court and the parties.

V. BEST PRACTICES AND PRACTICAL TIPS

  1. Double-Check the Evidence: Before filing an Information for an attempted crime, ensure that the acts alleged indeed go beyond mere planning/preparation and represent an actual commencement of execution.
  2. Coordinate with Law Enforcement: Gather clear evidence of the overt acts and the cause of non-consummation (witness statements, physical evidence, CCTV footage, etc.).
  3. State the Stage of Execution: Use the words “attempted,” “did not perform all the acts of execution,” or “by reason of causes other than the accused’s spontaneous desistance” in the Information to pin down the precise stage.
  4. Avoid Overcharging: Overcharging or incorrectly charging a frustrated or consummated felony when the facts only show an attempt can result in dismissal or acquittal.
  5. Ensure Strict Compliance with Form: Failure to follow the formal requirements can result in a motion to quash.
  6. Amend or Move to Quash if Necessary: If new evidence surfaces indicating the crime was frustrated or even consummated, the Information may be amended before plea (Rule 110, Section 14). If the charge is defective, a motion to quash (Rule 117) may be filed.

VI. RELEVANT JURISPRUDENCE

  1. People v. Lizada, G.R. No. 129192
    • Emphasizes the difference between mere preparation and commencement of execution.
  2. People v. Lamahang, G.R. No. L-11551
    • Illustrates the necessity of showing overt acts and an external reason the crime was not consummated.
  3. People v. Oanis, G.R. No. L-47722
    • While known more for entrapment aspects, it likewise underscores the importance of the stage of commission.

(Note: These are cited as classic references; always verify their applicability and any supervening jurisprudence.)


VII. CONCLUSION

Attempted crimes occupy a critical niche in the Philippine criminal justice system, recognizing that culpability arises even when the offender has not completed all the acts needed to produce the offense. From a remedial law standpoint, drafting a proper Information for an attempted felony requires careful articulation of (a) the intended felony, (b) the overt act(s), and (c) the intervening cause that prevented completion.

Ensuring accuracy and precision in the allegations is indispensable for upholding the accused’s constitutional right to be informed of the charges and for maintaining the integrity of the criminal justice system. Ethical considerations guide prosecutors to file only well-founded cases and guide defense counsel to scrutinize each element, particularly the distinction between planning/preparation and commencement of execution.

Through meticulous drafting, adherence to the Rules of Court, and upholding the canons of professionalism, practitioners can effectively handle prosecutions and defenses for attempted crimes in the Philippines.


Note: The above discussion is for educational and reference purposes. Always consult the most current laws, rules, circulars, and jurisprudence, and when necessary, seek professional legal advice or guidance from the Integrated Bar of the Philippines, the Department of Justice, or qualified counsel.

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

Frustrated Crimes | Information in Criminal Cases | PRACTICAL EXERCISES

Below is a comprehensive, meticulous discussion on Frustrated Crimes in the Philippine setting, viewed through the lens of Remedial Law, Legal Ethics, and Legal Forms, with a focus on the drafting of an Information in criminal cases. This write-up is structured to give you a clear understanding of the definition, elements, jurisprudential treatment, and procedural considerations in preparing an Information for frustrated crimes. Citations and references to relevant laws and rules are included for thoroughness.


I. OVERVIEW OF FRUSTRATED CRIMES

A. Definition Under the Revised Penal Code (RPC)

  1. Article 6 of the RPC classifies crimes according to the stages of execution: attempted, frustrated, and consummated.
  2. A crime is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

Key Points

  • In a frustrated crime, the offender has already performed all acts that should result in the completion of the felony.
  • The only reason the felony is not actually produced (i.e., not consummated) is due to an extraneous factor or circumstance independent of the perpetrator’s will.
    • Examples: Timely medical intervention saves the victim’s life in homicide; a hidden bulletproof vest prevents the intended lethal outcome.

B. Distinguishing Attempted, Frustrated, and Consummated Crimes

  1. Attempted Crime: The offender begins the commission of the felony by overt acts but does not perform all acts of execution.
  2. Frustrated Crime: The offender performs all acts of execution to commit the felony, but the felony is not produced due to causes independent of the offender’s will.
  3. Consummated Crime: The offender performs all acts of execution and the intended felony is actually produced.

In simpler terms:

  • Attempted = Partial execution, no completion of acts.
  • Frustrated = Complete execution, but no intended result (due to external factors).
  • Consummated = Complete execution and desired criminal result.

II. ELEMENTS OF A FRUSTRATED CRIME

While each specific felony may have its own essential elements (e.g., murder, homicide, theft, etc.), frustrated crimes share certain common requisites:

  1. Intent to Commit the Felony (Criminal Intent)

    • The offender’s state of mind must be directed toward committing the crime.
  2. Commission of All Acts of Execution

    • The offender has done everything necessary to bring about the intended criminal objective.
  3. Non-Production of the Felony

    • The intended crime is not achieved (e.g., the victim does not die in frustrated homicide, the property is not actually taken in a frustrated theft, or the building does not fully burn in a frustrated arson).
  4. Cause of Non-Production is Independent of the Offender’s Will

    • A supervening cause or external factor prevents the felony from being consummated (e.g., quick medical aid, victim’s resistance, misfire of a weapon, timely police intervention).

III. EXAMPLES OF FRUSTRATED CRIMES

  1. Frustrated Homicide or Murder

    • The perpetrator inflicts mortal wounds intended to kill the victim. However, due to timely medical intervention or other independent factors, the victim survives.
  2. Frustrated Parricide

    • Similar to frustrated homicide, but the victim is a spouse, ascendant, descendant, or relative within the degrees specified by law.
  3. Frustrated Theft or Robbery

    • The offender has done all the acts necessary (e.g., physically takes the property), but the property is recovered or prevented from leaving the premises due to reasons not attributable to the perpetrator (e.g., the bag is snatched but quickly grabbed back by the owner or a bystander).
  4. Frustrated Arson

    • The offender sets fire to the building or property, completing all necessary acts, but the fire is put out or fails to spread due to external factors (e.g., automatic sprinkler system, immediate response by firefighters).

IV. PENALTIES FOR FRUSTRATED CRIMES

Under Article 50 of the RPC:

  • The penalty for a frustrated felony is generally one degree lower than that prescribed by law for the consummated felony.
  • For instance, if homicide is punishable by reclusion temporal, frustrated homicide shall be penalized by prision mayor (one degree lower).

Exception or Modification:

  • Certain special laws or circumstances (e.g., qualified crimes, special complex crimes) may have specific rules regarding attempts, frustration, or penalty gradations. Always cross-check with any special penal statutes involved.

V. PROCEDURAL ASPECTS IN CRIMINAL PROSECUTION FOR FRUSTRATED CRIMES

A. Preliminary Investigation and Filing of the Information

  1. Preliminary Investigation

    • As with other offenses punishable by at least four (4) years, two (2) months, and one (1) day imprisonment, the complaint must undergo preliminary investigation (Rule 112, Revised Rules of Criminal Procedure).
    • The prosecutor evaluates the evidence to determine if probable cause exists to hold the accused for trial for a frustrated crime.
  2. Drafting and Filing the Information

    • Once the prosecutor finds probable cause, an Information will be filed in the proper court.

B. Jurisdiction

  • Regional Trial Courts (RTCs) generally have jurisdiction over frustrated crimes with penalties exceeding six (6) years of imprisonment.
  • Metropolitan Trial Courts/Municipal Trial Courts in Cities may have jurisdiction over frustrated crimes if the imposable penalty falls within their jurisdictional threshold (i.e., does not exceed six (6) years, subject to statutory adjustments).

VI. DRAFTING THE INFORMATION FOR A FRUSTRATED CRIME

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, Revised Rules of Criminal Procedure). Below are the crucial points in drafting an Information for a frustrated crime:

  1. Caption and Title of the Case

    • Indicate the name of the court and the proper title, e.g., “People of the Philippines vs. [Name of Accused].”
  2. Opening Paragraph

    • State that the undersigned prosecutor accuses the accused of the specific frustrated crime, referencing the relevant articles (e.g., Art. 249 in relation to Art. 6 of the RPC for frustrated homicide).
  3. Allegation of Date and Place

    • Specify the exact date, time, and place where the frustrated felony took place to comply with the rules on venue and ensure clarity.
  4. Identification of the Accused and the Victim

    • State the full name of the accused; if unknown, use “John Doe” or other available identifiers.
    • Identify the victim clearly.
  5. Essential Elements and Acts of Execution

    • Allege in detail all the acts performed by the accused showing that the accused had already completed or performed all acts of execution necessary to achieve the felony.
    • Allege the intention to commit the felony (e.g., the criminal design to kill).
  6. Non-Production of the Felony Due to Causes Independent of the Will

    • Clearly aver that the felony was not consummated due to reasons or causes beyond the control of the accused (e.g., immediate medical intervention that prevented the victim’s death).
  7. Qualifying or Aggravating Circumstances (if any)

    • If the offended party is a specific person (e.g., spouse, ascendant) that changes the nature of the crime (e.g., parricide, murder with qualifying circumstances), clearly state such circumstances as mandated by law and jurisprudence.
    • If any aggravating circumstance is present (e.g., treachery, evident premeditation, use of illegal firearms), it must be specifically alleged in the Information to be considered at the trial.
  8. Signature of the Prosecutor

    • The Information must be signed by the proper prosecutorial officer (City Prosecutor, Provincial Prosecutor, or their deputies).

Sample Structure of an Information for Frustrated Homicide

Republic of the Philippines
REGIONAL TRIAL COURT
[Judicial Region]
Branch [Number], [City/Province]

PEOPLE OF THE PHILIPPINES
Plaintiff,

– versus –

JUAN DELA CRUZ,
Accused.

Criminal Case No. ______

x-----------------------------------------x

INFORMATION

The undersigned Prosecutor hereby accuses JUAN DELA CRUZ of the crime of Frustrated Homicide, defined and penalized under Article 249 in relation to Article 6 of the Revised Penal Code, committed as follows:

That on or about the ___ day of _________, 20, in the City of ___________, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with the intent to kill and armed with a deadly weapon, did then and there willfully, unlawfully, and feloniously assault and stab one Pedro Santos, performing all the acts of execution that would have produced the crime of Homicide as a consequence, but which was not produced by reasons independent of the accused’s will, to wit: the timely and efficacious medical intervention which prevented the death of said Pedro Santos, thus leaving the said crime at its frustrated stage.

Contrary to law.

[Signature]
Prosecutor
Office of the City/Provincial Prosecutor


VII. LEGAL ETHICS CONSIDERATIONS

  1. Candor and Fair Dealing

    • Prosecutors must only file an Information if there is probable cause. There should be no suppression or misrepresentation of facts.
  2. Duty of the Prosecutor

    • Obligation to ensure that the person charged is indeed the one responsible, and that the correct stage of the offense (frustrated, attempted, or consummated) is charged.
    • If the facts do not support a frustrated crime but only an attempted or consummated offense, the prosecutor should charge the proper classification.
  3. Defense Counsel’s Responsibility

    • If representing the accused, counsel must diligently investigate whether the act truly reached the frustrated stage or only the attempted stage—or if evidence suggests there was no actual crime committed.
  4. Non-Malicious Prosecution

    • Lawyers must avoid filing malicious or unfounded Informations to harass or intimidate any accused.

VIII. REMEDIAL LAW HIGHLIGHTS

  1. Rule 110, Revised Rules of Criminal Procedure: Governs the contents of the complaint or Information (e.g., name of the accused, designation of the offense, acts or omissions constituting the offense, qualifying/aggravating circumstances).
  2. Rule 112 (Preliminary Investigation): Establishes the procedure for determining probable cause for offenses punishable by imprisonment of at least four (4) years, two (2) months, and one (1) day.
  3. Rule 114 (Bail): Once the Information for frustrated crime is filed, the court determines if the offense is bailable and the amount of bail, depending on the penalty and the circumstances.

IX. COMMON ISSUES & JURISPRUDENTIAL NOTES

  1. Correct Classification of the Offense

    • Prosecutors sometimes mislabel a crime as frustrated when the evidence might show an attempted stage or a consummated stage.
    • Courts look into the nature and extent of injuries, the actual circumstances leading to the non-consummation, and the medical findings.
  2. Extent of Injuries

    • In frustrated homicide (or murder), there must be a proof that the wound inflicted was mortal or would have caused death if not for timely medical attention.
  3. Intent to Kill vs. Physical Injuries

    • If there is insufficient proof of an intent to kill, the accused may be liable for frustrated serious physical injuries instead of frustrated homicide.
  4. Independent Causes

    • The crucial element that the non-consummation was caused by factors entirely outside the offender’s control.
  5. Use of Medical Testimony

    • Physicians’ or medical experts’ accounts often determine whether the injuries were indeed life-threatening and the victim survived only because of prompt treatment.

X. PRACTICAL TIPS FOR LAWYERS

  1. Verify All Elements Carefully

    • Before drafting the Information, ensure medical or circumstantial evidence supports the assertion that all acts of execution were done and that the non-consummation was due to independent causes.
  2. Properly Describe the Acts

    • Vague or inadequate details in the Information may lead to dismissal or an amendment that delays proceedings.
  3. Allege Qualifying Circumstances

    • For frustrated murder, you must allege the specific qualifying circumstance (e.g., treachery) in the Information. Otherwise, the crime may be downgraded.
  4. Consult Jurisprudence

    • For borderline cases—where it is unclear if the offense is only attempted—the prosecutor should carefully review Supreme Court decisions clarifying the boundary between attempted and frustrated stages.
  5. Observe Ethical and Professional Standards

    • Maintain candor, avoid forum shopping, and ensure compliance with procedural and substantive requirements.

XI. CONCLUSION

Frustrated crimes occupy a unique space in criminal law wherein the offender’s complete acts of execution do not lead to the intended criminal result due to independent causes. For a successful prosecution, it is crucial to:

  1. Clearly establish the offender’s intent and his having done everything to commit the offense;
  2. Provide evidence of the supervening factor that prevented consummation;
  3. Draft an Information that accurately includes all essential elements, states the proper stage of execution, and specifies any applicable aggravating or qualifying circumstances.

From a remedial law standpoint, prosecutors and defense lawyers alike must ensure adherence to the Rules of Criminal Procedure—particularly in the drafting and filing of Informations and in safeguarding the constitutional rights of the accused. From a legal ethics viewpoint, upholding honesty, fairness, and duty to the court and client remains paramount.

Done correctly, a well-prepared Information for a frustrated crime will withstand judicial scrutiny and uphold the interests of justice.

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

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.

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.