Name Of The Offended Party
Sec. 12. Name of the offended party. – The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.
(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.
(b) If the true name of the person against whom or against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in he complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law.
IN WHAT CASE IS THE NAME OF THE OFFENDED PARTY DISPENSIBLE?
> In offenses against property, the name of the offended party may be dispensed with as long as the object taken or destroyed is particularly described to properly identifying the offense
IN WHAT CASES IS THE NAME OF THE OFFENDED PARTY INDISPENSIBLE?
> In cases involving slander and robbery with violence or intimidation (People v. Lahoylaloy, 38 Phil 330)
WHEN SHOULD THE ACCUSED RAISE AN ERROR IN HIS NAME?
> Upon arraignment
> Otherwise, he is deemed to have waived the question of his identity on appeal