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Sufficiency Of Complaint Or Information

Sec. 6. Sufficiency of complaint or information. – A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.

When an offense is committed by more than one person, all of them shall be included in the complaint or information.

WHEN IS A COMPLAINT OR INFORMATION DEEMED SUFFICIENT?

> It is deemed sufficient if it states the following:
o      The name of the accused
o      The designation of the offense as defined by statute
o      The acts or omissions complained of as constituting the offense
o      The name of the offended party
o      The approximate date of the commission of the offense
o      The place of the commission of the offense
> Nothing in Section 6 or 8 of Rule 110 mandates that the material allegations should be stated in the preamble or caption of the Information (People v. Villanueva)

X WAS CHARGED WITH RAPE OF THE 10-YEAR-OLD DAUGHTER OF HIS COMMON-LAW WIFE.    THE INFORMATION ONLY ALLEGED MINORITY AND RELATIONSHIP IN THE TITLE. VALID?

> Yes. As held in People v. Villanueva, “Nothing in Section 6 or 8 of Rule 110 mandates that the material allegations should be stated in the preamble or caption of the Information”

WHAT IS THE RATIONALE BEHIND THE REQUIREMENTS TO DEEM A COMPLAINT OR INFORMATION TO BE SUFFICIENT?

> This is in consonance with the accused’s right to be informed of
the nature and cause of the accusation against him