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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An information for grave threats is filed in the Regional Trial Court in the name of the People of the Philippines against an accused person whose name appears in the record in two spellings: “Richard Santos” and “Ricardo Santos.” The information identifies the alleged threat but uses the alias “Rich Santos” inconsistently and does not clearly name the offended party. The offended party is a private individual, Maria Luna, who was allegedly threatened, but her full name is not stated anywhere in the information; the charging document merely refers to “the private offended party.” The defense moves to dismiss on the ground that (i) the name of the accused is not consistently stated, and (ii) the name of the offended party is not named, allegedly violating the requirement of Rule 110. The prosecution counter-argues that alias spellings and minor variations in the accused’s name are permissible so long as identity is clear, and that the offended party’s name is not essential in a private-offense charge because the action is initiated by the private party.
(a) Identify the controlling doctrine regarding naming the accused and naming the offended party in an information, and explain the role of amendments under the Rules of Court in curing defects in naming.
(b) Distinguish when the name of the offended party must be stated in the information (private-offense cases) from when it is not required (public offenses).
(c) Apply the doctrine to the facts: should the information be amended to spell the accused’s name consistently and to name the offended party Maria Luna? If amendment is possible, what is the proper procedure and remedy? If not, what other action, if any, should be taken?

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