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…
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Showing posts with the label Prosecution of OffensesShow all
Licyayo v. People
Prosecution of Offenses
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Licyayo v. People G.R. No. 169425, March 04, 2008 Facts : Licyayo was charged with homicide. The Information, however, did not specifically mention Artic…
Read moreSec. 7. Name of the accused . — The complaint or information must state the name and surname of the accused or any appellation or nickname by which he h…
Read moreSection 6. Sufficiency of complaint or information . - A complaint or information is sufficient if it states the name of the accused; the designation of…
Read moreComplaint and Information
Prosecution of Offenses
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Section 2. The complaint or information . — The complaint or information shall be in writing, in the name of the People of the Philippines and against all…
Read moreProsecution of Private Crimes
Private Crimes
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What are private crimes? Private crimes are those which cannot be prosecuted except upon complaint filed by the aggrieved party. Strictly speaking, there …
Read moreSection 5. Who must prosecute criminal actions . — All criminal actions either commenced by complaint or by information shall be prosecuted under the di…
Read morePeople v Amodia Case Digest
Name of the Accused
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People v. Amodia G.R. No. 173791, April 7, 2009 Facts : Pablo Amodia was charged with the crime of murder. He raised the defense of mistaken identity, cl…
Read moreRicarze vs. CA G.R. No. 160451, February 9, 2007 Facts : Ricarze was a collector-messenger of CSP, a corporation engaged in messengerial services. He was…
Read moreDuplicity of the offense
Duplicitous Information
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Section 13. Duplicity of the offense . — A complaint or information must charge but one offense, except when the law prescribes a single punishment for va…
Read morePeople v. XXX Case Digest
Duplicitous Information
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People v. XXX G.R. No. 240750, June 21, 2021 Facts : The Information reads: That on or about June 8, 2014, at around 11:00 o'clock in the morning, in…
Read moreLoney v People G.R. No. 152644, February 10, 2006 Facts : The DOJ separately charged Loney and other corporate officers of Marcopper Mining Corporation (p…
Read moreRamiscal vs Sandiganbayan G.R. Nos. 140576-99, December 13, 2004 Facts: The Armed Forces of the Philippines Retirement and Separation Benefits System (AFP…
Read moreSec. 16. Intervention of the offended party in criminal action .—Where the civil action for recovery of civil liability is instituted in the criminal acti…
Read moreHow to state the name of the offended party in the complaint or information 1. Natural Person - The complaint or information must state the name …
Read moreA substantial amendment consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. All othe…
Read moreBefore Plea After Plea Formal Substantial Formal With or without leave With leave 1. downgrades the nature of the offense charge 2. excludes …
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