Criminal Procedure

Name Of The Accused

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


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