RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION

PECHO VS. PEOPLE

(GR NO. 111399 September 27 1996)
DAVIDE,JR.,J:

Facts: That on or about March 16, 1989 Odon Pecho, a public officer being then the Customs Guard,
Miscellaneous Bonded Warehouse Division, Bureau of Customs, South Harbor, Manila, with the
indispensable cooperation and assistance of the accused Jose Catre, whose position, whether public or
private, and address are unknown but representing himself to be a representative of Eversun Commercial
Trading of Cotabato City, a corporation, firm or partnership which turned-out to be non-existent, fake or
fictitious as it is not registered in the Department of Trade and Industry nor in the Securities and
Exchange Commission and with a fake, spurious or fictitious Tax Account No. as it was not issued by the
Revenue Information Systems, Inc., Bureau of Internal Revenue, the former taking advantage of his
official position and both accused, motivated and impelled by personal gain conspired to pretend and
feign to be agents or representatives of Eversun Commercial Trading in the importation of 5 x 20 foot
containers STC agricultural disc blades and irrigation water pumps, and engage, solicit and contract the
services of one Constantino Calica of Labatique, a CPA Customs Broker for the release of said shipment
and preparation of the necessary import entry with the two accused, furnishing the necessary shipping
documents which led and prompted said Customs Broker to file BOC Import Entry with the computed
taxes and duties declaring the shipment as five containers STC agricultural disc blades and irrigation
water pumps. Warrants for the arrest of the accused were issued. Only the petitioner was brought under
the Sandiganbayan's jurisdiction when he voluntarily surrendered. He posted bail after the petitioner had
pleaded not guilty at his arraignment trial on the merits as against him ensued. The Sandiganbayan found
petitioner gulty. He was charged with two offenses: the violation of Section 3(e) of R.A. No. 3019 and the
complex crime of attempted estafa through falsification of official and commercial documents. It was
rejected that the information in this case contains the essential ingredients of estafa through falsification
of public and commercial documents therefore petitioner can be convicted of the second crime without
violating Section 14(2) Art 3 of the Constitution on the right of the accused to be informed of the nature
and cause of accusation against him.

Issue: Whether or not the accused was informed of the nature and cause of the crime to which he is
convicted

Held:
An accused may be convicted of a crime which although not the one charged, is necessarily included in
the latter. It has been shown that the information filed in court is considered as charging for two offenses
which the counsel of the accused failed to object therefore he can be convicted for both or either of the
charges. However by reviewing the case at bar the SC finds lack of sufficient evidence that would
establish the guilt of the accused as conspirator to the crime of estafa beyond reasonable doubt, the prior
decision of the SC was deemed to be based merely on circumstantial evidence, thus the accused was
acquitted.