Rule 110 Sec.

7 – 9

Sec. 7 – Name of the Accused

The complaint or information must state name of the accused in any of the ffg ways:

1) Name and surname

2) Nickname and appellation by which he has been or is known
3) Fictitious name with statement that his true name is unknown

Purposes for this rule:

1) To make a specific identification of the person to whom the commission of an offense is

being imputed
2) To preclude the possibility of having a wrong person apprehended and brought to trial
while the real culprit goes scot-free

Error in name

- It is not reversible, as long as the identity is sufficiently established

- The defect is curable at any stage of the proceeding

- Error in name must be called to the court at the time of arraignment; if not, the person is
estopped in raising the question

Sec. 8 – Designation of the Offense

The information or complaint must state or designate the following whenever possible:

1) The designation of the offense given by the statute.

2) The statement of the acts or omissions constituting the offense, in ordinary, concise and
particular words.
3) The specific qualifying and aggravating circumstances must be stated in ordinary and
concise language.

Purposes for this rule:

1) The accused should be fully appraised of the true charges against him to avoid any
possible surprise which might be detrimental to his rights
2) To afford the accused of the opportunity to prepare his defense accordingly

Designation of the Offense

- Facts must be sufficient to enable a person of common understanding to know what is

being alleged
 - It is sufficient if all the essential elements constituting the particular offense in the statute
are present
- Real name of the offense in the crime is determined not by its title but by the facts
alleged in the accusation

Sec. 9 – Designation of the Offense

Purposes for this rule:

1) To enable the court to pronounce proper judgment;

2) To furnish the accused with such a description of the charge as to enable him to
make a defense;
3) To serve as a protection against further prosecution for the same cause.

Rule on Negative Averments

- GENERAL RULE: Where the statute penalizes generally the acts therein defined and is
intended to apply to all persons indiscriminately, the information is sufficient even if does
not allege that the accused falls within the excepted situation, for then the complete
definition of the offense is entirely separable from the exceptions and can be made
without reference to the latter. In this case, the exception is a matter of defense which
the accused has to prove.

- EXCEPTION: Where the statute alleged to have been violated applies only to a specific
class of persons and to special conditions, the information must allege facts establishing
that the accused falls within the specific class affected and not those affected from the
coverage of law. Where negative averment is an essential element of the crime, it must
be proved.