This case has been cited 1 times or more.
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2002-02-26 |
PUNO, J. |
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| Our rulings have long settled the issue on how the acts or omissions constituting the offense should be made in order to meet the standard of sufficiency. Thus, the offense must be designated by its name given by statute or by reference to the section or subsection of the statute punishing it.[41] The information must also state the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances.[42] The acts or omissions complained of must be alleged in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment.[43] No information for a crime will be sufficient if it does not accurately and clearly allege the elements of the crime charged.[44] Every element of the offense must be stated in the information.[45] What facts and circumstances are necessary to be included therein must be determined by reference to the definitions and essentials of the specified crimes.[46] The requirement of alleging the elements of a crime in the information is to inform the accused of the nature of the accusation against him so as to enable him to suitably prepare his defense. The presumption is that the accused has no independent knowledge of the facts that constitute the offense.[47] | |||||