Jurisprudence has already set the standard on how the requirement is to be
satisfied. Case law dictates that the allegations in the Information must be in such
form as is sufficient to enable a person of common understanding to know what
offense is intended to be charged and enable the court to know the proper
judgment. The Information must allege clearly and accurately the elements of the
crime charged. The facts and circumstances necessary to be included therein are
determined by reference to the definition and elements of the specific crimes.[14]
The main purpose of requiring the elements of a crime to be set out in the
Information is to enable the accused to suitably prepare his defense because he is
presumed to have no independent knowledge of the facts that constitute the
offense. The allegations of facts constituting the offense charged are substantial
matters and the right of an accused to question his conviction based on facts not
alleged in the information cannot be waived.[15] As further explained in Andaya v.
People:[16]
No matter how conclusive and convincing the evidence of guilt may be, an accused
cannot be convicted of any offense unless it is charged in the information on which
he is tried or is necessarily included therein. To convict him of a ground not alleged
while he is concentrating his defense against the ground alleged would plainly be
unfair and underhanded. The rule is that a variance between the allegation in
the information and proof adduced during trial shall be fatal to the criminal
case if it is material and prejudicial to the accused so much so that it
affects his substantial rights. (emphasis added)
Indeed, the Court has consistently put more premium on the facts embodied in the
Information as constituting the offense rather than on the designation of the
offense in the caption. In fact, an investigating prosecutor is not required to be
absolutely accurate in designating the offense by its formal name in the law. What
determines the real nature and cause of the accusation against an accused is the
actual recital of facts stated in the Information or Complaint, not the caption or
preamble thereof nor the specification of the provision of law alleged to have been
violated, being conclusions of law.[17] It then behooves this Court to place the text
of the Information under scrutiny.
ii. The elements of the offense penalized under Sec. 5(b) of RA 7610 were
sufficiently alleged in the Information
In the case at bar, petitioner contends that the Information is deficient for failure to
allege all the elements necessary in committing Acts of Lasciviousness under Sec.
5(b) of RA 9160.
His theory is that the Information only charges him of the crime as punished under
Art. 336 of the RPC, which pertinently reads: