Section 8. Designation of the offense. — 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.


The information or complaint must state or designate the following whenever possible:

1. The designation of the offense given by the statute;
2. The acts or omissions consitituting the offense;
3. The qualifying and aggravating circumstances;
4. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it (Rule 110, Sec. 8, Rules of Court).


Allegations in the information are controlling

● It is settled that it is the allegations in the Information that determine the nature of the offense, not the technical name given by the public prosecutor in the preamble of the Information. From a legal point of view, and in a very real sense, it is of no concern to the accused what is the technical name of the crime of which he stands charged. It in no way aids him in a defense on the merits. That to which his attention should be directed, and in which he, above all things else, should be most interested, are the facts alleged. The real question is not did he commit a crime given in the law some technical and specific name, but did he perform the acts alleged in the body of the information in the manner therein set forth (Matrido v. People, G.R. No. 179061, July 13, 2009).

● The actual facts recited in the information are controlling and not the title of the information or designation of the offense (CICL XXX v. People, G.R. No. 246146, March 18, 2021).

● The criminal charge is determined from the recital of facts, and not from the caption, preamble, or formal specification of the violated law in the information or complaint, these being mere conclusions of law.

What is controlling is not the title of the complaint, nor the designation of the offense charged or the particular law or part thereof allegedly violated, these being mere conclusions of law made by the prosecutor, but the description of the crime charged and the particular facts therein recited. 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 (Bustillo v. People, G.R. No. 216933. March 15, 2021).


Failure to designate the offense by statute or to mention the specific provision

● The failure to designate the offense by statute or to mention the specific provision penalizing the act, or an erroneous specification of the law violated, does not vitiate the information if the facts alleged therein clearly recite the facts constituting the crime charged. The character of the crime is not determined by the caption or preamble of the information nor by the specification of the provision of law alleged to have been violated, but by the recital of the ultimate facts and circumstances in the complaint or information (Carbonell v. People, G.R. No. 246702, April 28, 2021).

● The failure to designate the offense by statute, or to mention the specific provision penalizing the act, or an erroneous specification of the law violated, does not vitiate the information if the facts alleged clearly recite the facts constituting the crime charged, for what controls is not the title of the information or the designation of the offense, but the actual facts recited in the information (G.R. No. 240145, September 14, 2020).

● Failure to designate the proper offense in the Information will not necessarily invalidate it. What is important is that the facts alleged constitute the crime charged (Arquillo v. People, G.R. No. 244570, February 17, 2021).

● There is nothing in the [Rules of Court] which specifically requires that the information must state the particular law under which the accused is charged in order for it to be considered sufficient and valid. What the Rules merely require, among other things, is that the information must designate the offense charged and aver the acts constituting it (Licyayo v. People, G.R. No. 169425, March 04, 2008). 

● There is no law which requires that in order that an accused may be convicted, the specific provision which penalizes the act charged be mentioned in the information (Licyayo v. People, G.R. No. 169425, March 04, 2008).