WHAT ARE NEGATIVE ALLEGATIONS? WHAT IS THE DIFFERENCE OF A NEGATIVE ALLEGATION AS AN ESSENTIAL ELEMENT OF A CRIME AND A NEGATIVE ALLEGATION AS NOT AN ELEMENT OF A CRIME?
> A negative allegation as an essential element or ingredient of a crime, it should be included in the information and must be proven to be able to convict the accused
> A negative allegation, if not an essential element of a crime, it may not be included in the information to be able to convict the accused
> If a person is caught with a firearm without any license, the information should indicate that he was carrying the firearm without any license. This is a mala prohibitum. If the absence of license is not included in the information, he could not be convicted.
> If a person is caught with prohibited drugs. This is a mala in se. It is enough that he was in possession of such drugs. You don’t need to allege that he isn’t in possession of any prescription. The doctor’s prescription as mentioned by the accused is only a matter of defense.
X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OF HIS COMMON-LAW WIFE. THE INFORMATION ONLY ALLEGED MINORITY. THE COURT CONVICTED THE ACCUSED OF RAPE AND IMPOSED THE DEATH PENALTY AFTER THE RELATIONSHIP OF THE ACCUSED WITH THE VICTIM’S MOTHER WAS PROVEN. WAS THE COURT CORRECT?
> No, while under Article 335 of the RPC amended by RA 7659, the accused may be sentenced to death if the victim is a minor and the offender is the parent, ascendant, stepparent, guardian,
relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim, THE TWIN REQUISITES OF MINORITY AND RELATIONSHIP MUST BE
ALLEGED AND PROVED TO WARRANT THE IMPOSITION OF THE DEATH PENALTY
X WAS CHARGED WITH RAPE COMMITTED THROUGH FORCE AND INTIMIDATION. CAN HE BE CONVICTED OF RAPE WHERE THE WOMAN IS DEPRIVED OF REASON OR IS OTHERWISE UNCONSCIOUS?
> No, where the law distinguishes two cases of violation of its provision, the complaint or information must specify under which of the two cases the defendant is being charged
