BOR_RIGHT TO BE INFORMED OF THE NATURE AND CAUSE

Question 1

Requisites for properly informing the accused of the nature and cause of accusation

Answer 1

1. Information must state the name of the accused;
2. Designation given to the offense by statute;
3. Statement of the acts or omission so complained of as constituting the offense;
4. Name of the offended party;
5. Approximate time and date of commission of the offense;
6. Place where offense was committed; and
7. Every element of the offense must be alleged in the complaint or information.

Question 2

What is the Variance Doctrine?

Answer 2

In spite of the difference between the crime that was charged and that which was eventually proved, the accused may still be convicted of whatever offense that was proved even if not specifically set out in the information provided it is necessarily included in the crime charged. (Teves v. Sandiganbayan)