Section 12. 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.
(a) In 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.
(b) If the true name of the of the person
against whom or against whose properly the offense was committed is thereafter
disclosed or ascertained, the court must cause the true name to be inserted in
the complaint or information and the record.
(c) If the offended party is a juridical person,
it is 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.
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.
GENERAL RULE: The
offended party must be designated by name, nickname, any other appellation or
by fictitious name.
EXCEPTION: In crimes against
property, the description of the property must supplement the allegation that
the owner is unknown.
In what case is the name of the offended
party dispensable?
In offenses against
property, the name of the offended party may be dispensed with as long as the
object taken or destroyed is particularly described to property identify the
offense.
In what cases is the name of the offended
party indispensable?
Slander, robbery with
violence or intimidation.
● The
rules require the complaint or information to statethe name and surname of the
persons against whomor against whose property the offense was committedor any
appellation or nickname by which such personhas been or is known and if there
is no better way ofidentifying him, he must be described under afictitious name
(Sayson v. People, 166 SCRA 693)
● When an
offense shall have been described in the complaint with sufficient certainty as
to identify the act, an erroneous allegation as to the person injured shall be
deemed immaterial as the same is a mere formal defect which did not tend to
prejudice any substantial right of the defendant (US vs. Kepner, 1 Phil
519)
● In case
of offenses against property, the designation of the name of the offended party
is not absolutely indispensable for as long as the criminal act charged in the
complaint or information can be properly identified.
● The
damage inflicted in estafa need not fall on the same person against whom deceit
was directed
● In
robbery with violence against or intimidation of persons, the allegation of the
owner's name in the information is essential.
● The
name of the offended party is material in slander. The act of insulting X is
distinct from a similar act of insult against Y, even if the insult is
proferred by the same person, in the same language, and about the same time.
● To
constitute larceny, robbery, embezzlement, obtaining money by false pretenses,
malicious mischief, etc., the property obtained must be that of another person,
and indictment for such offense must name the owner and a variance in this
respect between the indictment and the proof will be fatal.
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