WHERE THE LAW PRESCRIBES EXCEPTIONS

RULE ON NEGATIVE AVERMENTS

General rule: Where the law alleged to have been violated prohibits generally acts therein
defined and is intended to apply to all persons indiscriminately, but prescribes certain
limitations/exceptions from its violation, the indictment/information is sufficient if it alleges facts
which the offender did as constituting a violation of law, without explicitly negating the exception,
as 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 specific classes of
persons and special conditions and the exemptions from its violation are so incorporated in the
language defining the crime that the ingredients of the offense cannot be accurately and clearly
set forth if the exemption is omitted, then the indictment must show that the accused does not
fall within the exemptions.
Simply put, if the exception is needed for defining the offense, then the information should
negate the exception [US v. Chan Toco (1908)]
WHERE COMPLEX CRIME IS CHARGED
Where what is alleged in the information is a complex crime and the evidence fails to support
the charge as to one of the component offenses, the defendant can only be convicted of the
offense proven.
E.4 PLACE OF COMMISSION OF THE OFFENSE
It is sufficient if it can be understood from its allegations that the offense was committed or some
of its essential ingredients occurred at some place within the jurisdiction of the court, unless the
particular place where it was committed constitutes an essential element of the offense charged
or is necessary for its identification [Sec. 10, Rule 110].
E.5 DATE OF COMMISSION OF THE OFFENSE
General Rule: It is not necessary to state in the complaint or information the precise date the
offense was committed. The offense may be alleged to have been committed on a date as near
as possible to the actual date of the commission.
Exception: When it is a material ingredient of the offense [Sec. 11, Rule 110]
E.6 NAME OF THE OFFENDED PARTY
The complaint or information must state the name and surname of the person against whom or
against whose property the offense was committed, or any appellation or nickname by which
such person has been or is known. If there is no better way of identifying him, he must be
described under a fictitious name.
OFFENSES AGAINST PROPERTY
If the name of the offended party is unknown, the property must be described with such

particularity as to properly identify the offense charged.

If the name of the true name of the person against whom or against whose property the offense
was committed is thereafter disclosed or ascertained, the court must cause such true name to
be inserted in the complaint or information and the record.
OFFENDED PARTY IS A JURIDICAL PERSON
Sufficient to state its name, or any name or designation by which it is known or by which it may
be identified, without need of averring that it is a juridical person or that it is organized in
accordance with law