Saturday, April 7, 2012

Allegation of Elements of Crime in Information

Thus, while it is necessary to allege the essential elements of the crime in the information, the failure to do so is not an irremediable vice. When the complaint or the resolution by the public prosecutor which contain the missing averments is attached to the information and form part of the records, the defect in the latter is effectively cured, and the accused cannot successfully invoke the defense that his right to be informed is violated (Olivarez v. Court of Appeals, G.R. No. 163866, July 25, 2005).

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