Cause of the accusation
Sec. 9. Cause of the accusation. – The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and
not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and
aggravating circumstance and for the court to pronounce judgment.
IN THE INFORMATION FOR RAPE THE AGES AND RELATIONSHIP OF THE VICTIMS WERE STATED BUT NOT ALLEGED WITH SPECIFICITY AS QUALIFYING CIRCUMSTANCES. IN IMPOSING THE PENALTY, THE COURT CONSIDERED THEM AS QUALIFYING CIRCUMSTANCES. PROPER?
> The requirement under Section 8 is satisfied as long as the circumstances are alleged in the information even if those are not specified as aggravating or qualifying circumstances
IN WHAT CASE CAN AN ACCUSED NOT BE CONVICTED OF A CRIME DIFFERENT FROM THAT DESIGNATED IN THE COMPLAINT OR INFORMATION EVEN IF THE RECITAL OF FACTS ALLEGE THE COMMISSION OF THE CRIME?
The accused cannot be convicted if:
1. It involves a change of theory in the trial
2. It requires of the defendant a different defense
3. It surprises the accused in anyway