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20 - Licyayo v. People

Licyayo was charged with homicide for stabbing Rufino, resulting in his death. Licyayo appealed, arguing the information was insufficient for not specifying the charge was for homicide as defined in Article 249 of the Revised Penal Code. The court ruled the information was sufficient despite not citing the specific article, as it narrated the stabbing that caused death, which unambiguously refers to homicide under Article 249. An information only needs to state the name of the accused, designation of the offense, acts constituting the offense, name of victim, date and place of the crime.

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142 views1 page

20 - Licyayo v. People

Licyayo was charged with homicide for stabbing Rufino, resulting in his death. Licyayo appealed, arguing the information was insufficient for not specifying the charge was for homicide as defined in Article 249 of the Revised Penal Code. The court ruled the information was sufficient despite not citing the specific article, as it narrated the stabbing that caused death, which unambiguously refers to homicide under Article 249. An information only needs to state the name of the accused, designation of the offense, acts constituting the offense, name of victim, date and place of the crime.

Uploaded by

Lm Ricasio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Facts: Licyayo was charged of Homicide with the RTC when he stabbed Rufino in different

parts of the body.

The RTC convicted Licyayo guilty of the crime Homicide there being no attending
aggravating or mitigating circumstances.

The petitioner appealed contending that the information should have been more explicit by
stating that he is being indicted for homicide as defined and penalized under Article 249 of
the Revised Penal Code, as opposed to just “crime of homicide,” and that with this, the
petitioner cannot be validly convicted of the crime.

Issue: Is the information filed not sufficient because it did not specifically charge petitioner
for the crime of "homicide" defined and penalized under the RPC?

Ruling: NO. The information filed is sufficient. The sufficiency of an information is not
negated by an incomplete or defective designation of the crime in the caption or other parts
of the information but by the narration of facts and circumstances which adequately depicts
a crime and sufficiently apprises the accused of the nature and cause of the accusation
against him.

Although the information herein does not specifically mention Article 249 of the Revised
Penal Code as the law which defines and penalizes homicide, it, nonetheless, narrates that
petitioner stabbed Rufino with a bladed weapon during the incident which caused the latter’s
death. The foregoing allegation unmistakably refers to homicide under Article 249 of the
Revised Penal Code which is the unlawful killing of any person without any attendant
circumstance that will qualify it as murder, parricide or infanticide.

Section 6, Rule 110 of the Revised Rules of Criminal Procedure provides that an information
is sufficient if it states the name of the accused; the designation of the offense given by 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.

With particular reference to the designation of the offense, Section 8, Rule 110 of the
Revised Rules of Criminal Procedure merely directs that the information must state the
designation of the offense given by the statute, aver the acts or omissions constituting the
offense, and specify its qualifying and aggravating circumstances.

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