It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission (Rule 110, Sec. 11, ROC)
CRIMES WHERE TIME IS ESSENTIAL
1. Infanticide (Art 255, RPC)
2. Abortion (Art 256-257, RPC)
3. Violation of Sunday Statutes (Election Law)
● The complaint must allege a specific time and place when and where the offense was committed, but when the "time' given in the complaint is not of the essence of the offense, it need not be proven as alleged and that the complaint will be sustained if the proof shows that the offense was committed at any time within the period of the statute of limitations and before the commencement of the action. (US vs. Smith)
● An information for bigamy must state the time and place of the second wedding (People vs. Bustamante, G.R. No. L-11598, January 27, 1959)
US vs. SMITH
3 Phil 20
G.R. No. L-1360, December 4, 1903
FACTS:
The complaint alleged that the offense was committed in the month of December, 1902. According to the proof, it was actually committed in the month of January, 1903. The complaint was filed the 9th day of March, 1903. It is argued by the attorney for the defendant that for this reason the accused should have been dismissed upon the theory that the evidence in criminal cases must correspond to the allegations in the complaint.
HELD:
The complaint was sufficient to sustain conviction even if the proof showed that it was committed in January 1903. It is true that the complaint must allege a specific time and place when and where the offense was committed. The proof, however, need not correspond to this allegation, unless the time and place is material and of the essence of the offense as a necessary ingredient in its description. The evidence is admissible and sufficient if it shows that the crime was committed
1. at any time within the period of the statute of limitations and
2. before or after the time stated in the complaint or indictment and before the action is commenced.
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