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.
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As to the sufficiency of the allegation on the date of the commission of the offense,
Section 11, Rule 110 of the Rules adds:
chanRoblesvirtual Lawlib rary
SEC. 11. Date of commission of the offense. - It is not necessary to state in the
complaint or information the precise date the offense was committed except
when it is a material ingredient of the offense. The offense may be alleged to have
been committed on a date as near as possible to the actual date of its commission.
(Emphasis and underscoring supplied)
Conformably with these provisions, when the date given in the complaint is not of the
essence of the offense, it need not be proven as alleged; thus, the complaint will be
sustained if the proof shows that the offense was committed at any date within the
period of the statute of limitations and before the commencement of the action.41
In this case, Fianza had been fully apprised of the charges against him since the
Informations stated the approximate date of the commission of the offense to be
"sometime during the month of July 2010." Indeed, the precise date and time of the
incidents are not among the elements of sexual abuse under Section 5 (b), Article III of
RA 7610.42
It is likewise well-settled that it is sufficient that the acts or omissions constituting the
offense be stated in the information in ordinary and concise language and not
necessarily in the language used in the statute, albeit in terms sufficient to enable a
person of common understanding to know what offense is being charged and for the
court to pronounce judgment.43
In the instant case, the Informations not only referred to the specific section of
RA 7610 that was violated, but also stated that: (a) AAA was an 11-year-old
minor at the time of the offense; and (b) Fianza committed lascivious conduct
by forcing AAA to masturbate his penis.44