Name Of The Accused
Sec. 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 has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record.
WHEN IS THE ERROR IN THE NAME OF THE ACCUSED NOT FATAL TO AN INFORMATION?
> Error in the name of the accused will not nullify the information if it contains sufficient description of the person of the accused
WHEN SHOULD THE ERROR IN THE NAME OR IDENTITY BE RAISED BY THE ACCUSED?
> The error should be raised before arraignment, or else it is deemed waived
WHY SHOULD THE NAME OF THE ACCUSED BE PROVIDED?
> In the issuance of the arrest warrants
> For the court to acquire jurisdiction