People v. Lodrigo Bayya, G.R. No. 127845, March 10, 2000

Crim Pro - Rule 110

Facts:

Lodrigo Bayya raped his own daughter when she was 12 years old and repeated the bestial act several times more. Bayya admitted having carnal knowledge of his daughter but "theorized" that he was "out of his mind" when he committed the said offense. The trial court rendered judgment of conviction, sentencing appellant to suffer the ultimate penalty of death. Upon appeal, Bayya questioned the penalty imposed under R.A. 7659, contending that the Information filed made no reference to R.A. 7659. Further, there was also an omission of the minority of the victim in the information.

Issue: Whether or not there was a transgression of Bayya's right to be informed of the nature and cause of accusation against him, in view of the fact that the Information is silent about the applicability of R.A. No. 7659 and minority of the victim.

Held: Yes. Instructive in this regard is Section 6, Rule 110 of the Rules of Court, which reads:

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 by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate time of the commission of the offense, and the place wherein 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. The purpose of the above-quoted rule is to inform the accused of the nature and cause of the accusation against him, a right guaranteed by no less than the fundamental law of the land. Elaborating on the defendant’s right to be informed, the Court held in Pecho vs. People that the objectives of this right are:

1.       To furnish the accused with such a description of the charge against him as will enable him to make the defense;

2.       To avail himself of his conviction or acquittal for protection against a further prosecution for the same cause; and

3.       To inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, if one should be had.

Hence, it is imperative that the Information filed in the trial court be complete.  It matters not how conclusive and convincing the evidence of guilt may be, but an accused cannot be convicted of any offense, not charged in the Complaint or information on which he is tried or therein necessarily included. He has a right to be informed of the nature of the offense with which he is charged before he is put on trial. To convict an accused of an offense higher than that charged in the Complaint or information on which he is tried would constitute unauthorized denial of that right. Since the appellant had been informed of the elements of simple rape under the information indicting him and nothing more, he could only be convicted of simple rape and sentenced to reclusion perpetua as prescribed by law.