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Unformatted text preview: ense 6. Place where offense was committed 7. Every element of the offense must be alleged in the complaint or information Q: What happens if the information fails to allege the material elements of the offense? A: The accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. Q: How is the void for vagueness doctrine related to this right? A: The accused is also denied the right to be informed of the charge against him, and to due process as well, where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished. In such a case, the law is deemed void. Q: May a person be convicted of the crime proved if the same is different from the crime charged? A: Under the variance doctrine, in spite of the difference between the crime that was charged and that which was eventually proved, the accused may still be convicted of whatever offense that was proved even if not specifically set out in the information provided it is necessarily included in the crime charged. (Teves v. Sandiganbayan, G.R. No. 154182, Dec. 17, 2004) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 103 UST GOLDEN NOTES 2011 Q: May the right to be informed of the nature and cause of accusation be waived? A: No. However, the defense may waive the right to enter a plea and let the court enter a plea of “not guilty”. 6. Right to Speedy, Impartial and Public Q: What is meant by speedy trial? A: The term “speedy” means free from vexatious, capricious and oppressive delays. The factors to be considered are: 1. Time expired from the filing of information 2. Length of delay 3. Reasons for the delay 4. Assertion or non‐assertion of the right by the ac...
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