RULE 110 Section 6. Sufficiency of Complaint or Information

NAME
RULE 110 Section 6. Sufficiency of complaint or information.

ROSALDES v. PEOPLE
October 8, 2014 G.R. No. 173988 BERSAMIN, J.
RECIT READY SYNOPSIS

 Relevant Fact:
Felina Rosaldes was criminally charged with child abuse in the Regional Trial Court in Iloilo City
(RTC), and the case was assigned to Branch 27 of that court. RTC rendered judgment convicting
the petitioner of child abuse. CA affirmed.
Petitioner submits that the information charging her with child abuse was insufficient in form and
substance, in that the essential elements of the crime charged were not properly alleged therein;
and that her constitutional and statutory right to due process of law was consequently violated
 Relevant Issue. W/N the information charging her with child abuse was insufficient in form and
substance
 Held. NO
SC: complied with the requirements of Section 6, Rule 110 of the Rules of Court.
Court should no longer entertain the petitioner’s challenge against the sufficiency of the
information in form and substance. Her last chance to pose the challenge was prior to the time
she pleaded to the information through a motion to quash on the ground that the information did
not conform substantially to the prescribed form, or did not charge an offense. She did not do so,
resulting in her waiver of the challenge.
Relevant Provisions / Concept / Doctrines

Court should no longer entertain the petitioner’s challenge against the sufficiency of the information in
form and substance. Her last chance to pose the challenge was prior to the time she pleaded to the
information through a motion to quash on the ground that the information did not conform substantially to
the prescribed form, or did not charge an offense. She did not do so, resulting in her waiver of the
challenge.
FACTS
1
It appears from the records that seven-year-old Michael Ryan Gonzales, then a Grade 1 pupil, was
hurriedly entering his classroom when he accidentally bumped the knew of his teacher, herein
petitioner, who was then asleep on a bamboo sofa. Petitioner asked Michael to apologize, the latter,
however, proceeded instead to his seat. Petitioner then pinched Michael on his thigh, held him up by
his armpits and pushed him to the floor causing him to hit a desk and, consequently, losing his
consciousness. Petitioner proceeded to pick Michael by his ears and repeatedly slammed him down
on the floor.
Petitioner contends that she did not deliberately inflict the physical injuries suffered by Michael to
maltreat or malign him in a manner that would debase, demean or degrade his dignity and avers that
her maltreatment is only an act of discipline that she as a schoolteacher could reasonably do
towards the development of the child.
Felina Rosaldes was criminally charged with child abuse in the Regional Trial Court in Iloilo City (RTC),
and the case was assigned to Branch 27 of that court. RTC rendered judgment convicting the petitioner
of child abuse. CA affirmed.
Petitioner submits that the information charging her with child abuse was insufficient in form and
substance, in that the essential elements of the crime charged were not properly alleged therein; and that
her constitutional and statutory right to due process of law was consequently violated
ISSUE
W/N the information charging her with child abuse was insufficient in form and substance
RULING
Under Section 6, Rule 110 of the Rules of Court, the information is sufficient if it states the name of the
accused; the designation of the offense given by the statute; the acts or omissions complained of as
constituting the offense; the name of the offended party; the proximate date of the commission of the
offense; and the place where the offense was committed.
The information explicitly averred the offense of child abuse charged against the petitioner in the context
of the statutory definition of child abuse found in Section 3(b) of Republic Act No. 7610, supra, and thus
complied with the requirements of Section 6, Rule 110 of the Rules of Court.
Moreover, the Court should no longer entertain the petitioner’s challenge against the sufficiency of the
information in form and substance. Her last chance to pose the challenge was prior to the time she
pleaded to the information through a motion to quash on the ground that the information did not conform
substantially to the prescribed form, or did not charge an offense. She did not do so, resulting in her
waiver of the challenge.

RULE 110 Section 6. Sufficiency of Complaint or Information

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RULE 110 Section 6. Sufficiency of Complaint or Information

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NAME

RULE 110 Section 6. Sufficiency of complaint or information.

October 8, 2014 G.R. No. 173988 BERSAMIN, J.

RECIT READY SYNOPSIS

Relevant Provisions / Concept / Doctrines

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