Designation Of The Offense
Sec. 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.
WHAT SHOULD BE INCLUDED IN THE DESIGNATION OF THE OFFENSE IN THE COMPLAINT OR INFORMATION?
1. Designation of the offense given by the statute
2. Acts and omissions constituting the offense
3. Qualifying and aggravating circumstances
4. If there is no designation of the offense by the statute, reference shall be made to the section or subsection of the statute punishing it
THE INFORMATION MERELY ALLEGED EVIDENT PREMEDITATION BUT THE TRIAL COURT CONSIDERED IT IN IMPOSING THE PENALTY. VALID?
> Invalid. It is not enough that the aggravating circumstance of evident premeditation be alleged.
> The essential elements thereof, just like the offense itself, must be clearly proven and established
X WAS CHARGED WITH HOMICIDE. CAN HE POSSIBLY BE CONVICTED OF MURDER?
> Yes. If the recitals in the complaint or information of the acts and missions constituting the offense actually allege murder, X can be convicted of murder.
> The reason is that the recital of facts and not the designation of the offense that is controlling
IN IMPOSING THE PENALTY FOR THE CRIME OF MURDER THE TRIAL COURT CONSIDERED THE CIRCUMSTANCE OF THE USE OF AN UNLICENSED FIREARM AS PROVEN DURING THE TRIAL TO QUALIFY THE CRIME PURSUANT TO RA 8294, EVEN IF NOT ALLEGED IN THE INFORMATION. VALID?
> No. The culprit’s use of an unlicensed firearm is an essential element, of which circumstances which must be alleged
X WAS CHARGED WITH ESTAFA BUT THE RECITAL OF FACTS ACTUALLY ALLEGES THEFT. CAN X BE CONVICTED OF THEFT?
> Yes, because it is the recital of facts, not the designation of the offense which is controlling
X WAS CHARGED WITH ESTAFA AND THE RECITAL OF FACTS ALLEGE ESTAFA. CAN X BE CONVICTED OF THEFT?
> No, the two crimes have elements that are different from each other. To convict X of theft under an information that alleges estafa would violate his right to be informed of the nature and cause of the accusation against him.
X WAS CHARGED WITH MURDER. CAN HE BE CONVICTED OF HOMICIDE?
> Yes. It is the recital of the facts and not the designation of the offense, which is controlling.
> Murder is constituted of homicide with additional qualifying aggravating circumstances. It may be the case that the qualifying aggravating circumstances were not proven, to convict the accused
