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    People of The Philippines vs. Padica

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    Na-eehs Noicpecnoc Namzug
    The document summarizes a court case where Leon Marajas Jr. and others were originally charged in 1978 with kidnapping for ransom with murder and illegal firearm possession before a military commission. In 1981, an information was filed against the accused except Leon Marajas Jr. whose name was inadvertently omitted. Marajas Jr. was eventually arraigned and pleaded not guilty under the name "Leonardo Marajas". An amended information was later filed including Marajas Jr.'s correct name. Marajas Jr. argued the omission was a fatal defect but the court ruled it was not, as he had been arraigned under the original information albeit under a misstated name.

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    People of The Philippines vs. Padica

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    Na-eehs Noicpecnoc Namzug
    1K views2 pages
    The document summarizes a court case where Leon Marajas Jr. and others were originally charged in 1978 with kidnapping for ransom with murder and illegal firearm possession before a military commission. In 1981, an information was filed against the accused except Leon Marajas Jr. whose name was inadvertently omitted. Marajas Jr. was eventually arraigned and pleaded not guilty under the name "Leonardo Marajas". An amended information was later filed including Marajas Jr.'s correct name. Marajas Jr. argued the omission was a fatal defect but the court ruled it was not, as he had been arraigned under the original information albeit under a misstated name.

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    People of the Philippines vs. Padica

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    The document summarizes a court case where Leon Marajas Jr. and others were originally charged in 1978 with kidnapping for ransom with murder and illegal firearm possession before a military commission. In 1981, an information was filed against the accused except Leon Marajas Jr. whose name was inadvertently omitted. Marajas Jr. was eventually arraigned and pleaded not guilty under the name "Leonardo Marajas". An amended information was later filed including Marajas Jr.'s correct name. Marajas Jr. argued the omission was a fatal defect but the court ruled it was not, as he had been arraigned under the original information albeit under a misstated name.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views2 pages

    People of The Philippines vs. Padica

    Uploaded by

    Na-eehs Noicpecnoc Namzug
    The document summarizes a court case where Leon Marajas Jr. and others were originally charged in 1978 with kidnapping for ransom with murder and illegal firearm possession before a military commission. In 1981, an information was filed against the accused except Leon Marajas Jr. whose name was inadvertently omitted. Marajas Jr. was eventually arraigned and pleaded not guilty under the name "Leonardo Marajas". An amended information was later filed including Marajas Jr.'s correct name. Marajas Jr. argued the omission was a fatal defect but the court ruled it was not, as he had been arraigned under the original information albeit under a misstated name.

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    G.R. No. 102645. April 7, 1993.

    PEOPLE OF THE PHILIPPINES


    vs.
    ROMEO PADICA y LORICA, LESLIE GANS y MELENDRES, FLORENTINO
    FABRIGAS, ROMEO PRADEZ, LEONARDO MARAJAS, LEOPOLDO
    MARAJAS and LEON MARAJAS, JR. y RAMOS, ** accused. LEON MARAJAS,
    JR. y RAMOS
    Facts:
    Leon Marajas, Jr., Romeo Padica, Leslie Gans, Florentino Fabrigas, Romeo Pradez,
    Leonardo Marajas and Leopoldo Marajas were originally charged in the latter part of
    1978 with kidnapping for ransom with murder and illegal possession of firearms before
    Military Commission No. 27
    However, on January 11, 1979, counsel for accused Leon Marajas, Jr. prayed for the
    transfer of the case to the civil courts.
    On August 17, 1981, the Office of the Provincial Fiscal of Rizal filed an information
    for kidnapping for ransom with murder, before Branch III of the then Court of First
    Instance of Pasay City against the aforementioned accused, but with the exception of
    herein appellant whose name was inadvertently not included therein.
    A separate charge for illegal possession of firearms was lodged before Branch 146 of
    the Makati Regional Trial Court but the case was later placed in the archives some time in
    1985.
    Accused Romeo Padica and herein appellant were both arraigned on January 15,
    1982 and, with the assistance of their respective counsel, both pleaded not guilty. It
    appears, however, that appellant entered his plea during the arraignment under the name
    of "Leonardo Marajas." 6 Trial thereafter ensued but, subsequently, the case was reraffled
    to Branch CXVI, Pasay City, of the Regional Trial Court where it remained until the
    conclusion of the trial in 1990.
    However, upon discovery of the omission of herein appellant's name in the original
    information, the prosecution filed a motion for the admission of an amended information
    including appellant's name as one of the accused. The
    admitted the amended
    information. Thereafter, appellant, duly assisted by counsel, entered a plea of guilty upon
    being arraigned on the amended information. On the other hand, accused Padica was
    discharged from the information to be utilized as a state witness.
    Appellant contended that the failure of the prosecution to charge him as an accused
    in the original information is a fatal defect.
    Issue:

    Whether or not the failure of the prosecution to include him in the information is a fatal
    defect
    Ruling:
    No.
    The rule is that the complaint or information should sufficiently allege the name of
    the accused, failing which the complaint or information would be rendered invalid. The
    test of sufficiency is laid down in Section 7, Rule 110 of the Rules of Court, which states
    that a complaint or information must state the name and surname of the accused or any
    appellation or nickname by which he has been or is known, or if his name cannot be
    discovered he must be described under a fictitious name with a statement that his true
    name is unknown.
    If in the course of the proceeding the true name of the accused is disclosed by him, or
    appears in some other manner to the court, the true name of the accused shall be inserted
    in the complaint or information and record."
    In the case at bar, there is no dispute that appellant was arraigned under the original
    information and that he entered thereto a plea of not guilty under the name of "Leonardo
    Marajas."

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