One Information - One Offense

Question 1

Explain the one information one offense? What is the exception? Give example..

Answer 1

For every offense, file one information based on sec 13 of rule 110..

When the law prescribes a single punishment for various offenses…

Eg. Article 48 - rape with homicide, kidnapping with serious physical injuries… file only one information, one offense

Question 2

What if a person committed murder, rape, estafa, bp 22? Can you combine it in one information? Explain why or why not

Answer 2

No, for every offense, one info only

1 for rape
1 for BP 22
1 for homicide
1 for estafa

Question 3

What is the concept of duplicity of the offense? Hint: joinder, is it allowed in criminal? Or in civil?

Answer 3

Is the joinder of two or more distinct and separate offenses in the same count of an indictment or information

Not allowed… exemption is when the law prescribes a single punishment..

Allowed in civil-

Question 4

What is the remedy if one information contains two or more offenses?

Answer 4

Accused file motion to quash rule 117…(f)
The information contains more than one offense.

Question 5

What if di ka nakafile ng motion to quash, nagtuloy tuloy? More than offense in an information…

Answer 5

Section 3 of rule 120..

• the court can convict the accused as many offenses as charged and proved..