147. PEOPLE vs.

QUITLONG
G.R. No. 121562 | Vitug, J. | July 10, 1998
Right to be Informed of the Nature of the Accusation

DOCTRINE:
An information, in order to ensure that the constitutional right of the accused to be informed of the nature and
cause of his accusation is not violated, must state the name of the accused; the designation given to the offense by
the statute; a statement of the acts or omissions so complained of as constituting the offense; the name of the
offended party; the approximate time and date of the commission of the offense; and the place where the offense
has been committed.

FACTS:
 RTC Baguio ruled that Ronnie Quitlong, Salvador Quitlong and Emilio Pascua are guilty of the crime of
murder of Jonathan Calpito.
 The three accused submitted a motion for reinvestigation alleging that Jesus Mendoza was the one who
stabbed the victim after getting irked when Calpito urinated near and in front of his wife.
 Calpito was playing billiards with Gosil after which they decided to go home. While walking the Harrison
Road, the two approached the fishball vendor and bought some food worth P15. When Calpito counted the
change for his P100, he saw that he was only given P35 as his change. The fishball vendor was then
confronted by the two but denied that he short-changed Calpito. A commotion later on happened between the
group of Capito and the group of the fishball vendors wherein Capito was later on stabbed.
 The police officers who were on patrol noticed that commotion and saw Calpiro lying on the ground. Three of
the malefactors flee upon seeing the officers while the rest continued with their attack.
 Soriano, Gosil and Adjaro took Calpito to the hospital on board Soriano’s jeep after which Calpito died due to
the stabbed wound on his left chest.
ISSUE:
1. Whether or not conspiracy can be considered even if it is not allege in the original complaint –NO.

HELD:
1. NO. Before proceeding, the Court took notice of the lapse committed by the prosecution in drafting the
indictment. Both the original and amended Informations fail to explicitly allege conspiracy.
It is fortunate that in the case at bench conspiracy may readily be inferred from the way the
allegation of abuse of superior strength has been phrased, to wit: ". . . the above-named accused,
being then armed with a knife, with intent to kill . . . and taking advantage of their numerical
superiority and combined strength did then and there willfully, unlawfully and feloniously attack
assault and stab JONATHAN CALPITO y CASTRO . . . ."
 Overwhelming, such as it may have been thought of by the trial court, evidence of conspiracy
is not enough for an accused to bear and to respond to all its grave legal consequences; it is
equally essential that such accused has been apprised when the charge is made
conformably with prevailing substantive and procedural requirements.
 Article III, Section 14, of the 1987 Constitution, in particular, mandates that no person shall
be held answerable for a criminal offense without due process of law and that in all criminal
prosecutions the accused shall first be informed of the nature and cause of the accusation
against him. The right to be informed of any such indictment is likewise explicit in procedural
rules.
 The practice and object of informing an accused in writing of the charges against him has
been explained as early as the 1904 decision of the Court in U.S. vs. Karelsen; 19 viz:
o To furnish the accused with such a description of the charge against him as will
enable him to make his defense; and
o To avail himself of his conviction or acquittal for protection against further
prosecution for the same cause; and
o To inform the court of the facts alleged, so that it may decide whether they are
sufficient in law to support a conviction, if one should be had.
o In order that this requirement may be satisfied, facts must be stated, not conclusions
of law. Every crime is made up of certain acts and intent; these must be set forth in
the complaint with reasonable particularity of time, place, names (plaintiff and
defendant), and circumstances. In short, the complaint must contain a specific
allegation of every fact and circumstance necessary to constitute the crime charged.
  An information, in order to ensure that the constitutional right of the accused to be
informed of the nature and cause of his accusation is not violated, must state the
name of the accused; the designation given to the offense by the statute; a statement
of the acts or omissions so complained of as constituting the offense; the name of the
offended party; the approximate time and date of the commission of the offense; and
the place where the offense has been committed.

 In embodying the essential elements of the crime charged, the information must set forth
the facts and circumstances that have a bearing on the culpability and liability of the
accused so that the accused can properly prepare for and undertake his defense. One
such fact or circumstance in a complaint against two or more accused persons is that
of conspiracy. Quite unlike the omission of an ordinary recital of fact which, if not excepted
from or objected to during trial, may be corrected or supplied by competent proof, an
allegation, however, of conspiracy, or one that would impute criminal liability to an accused
for the act of another or others, is indispensable in order to hold such person, regardless of
the nature and extent of his own participation, equally guilty with the other or others in the
commission of the crime. Where conspiracy exists and can rightly be appreciated, the
individual acts done to perpetrate the felony becomes of secondary importance, the act of
one being imputable to all the others. Verily, an accused must know from the information
whether he faces a criminal responsibility not only for his acts but also for the acts of his co-
accused as well.

 Appellant Ronnie Quitlong was a principal by his own act of stabbing Calpito that caused the
latter's death. Appellants Salvador Quitlong and Emilio Senoto, Jr., were holding the hands of
Calpito at the precise time that Ronnie Quitlong was in the act of executing his criminal intent.
Simultaneity, however, would not itself demonstrate the concurrence of will or the unity of
action and purpose that could be a basis for collective responsibility of two or more
individuals; 33 indeed, from all indications, the incident would appear to have occurred at the
spur of moment. Appellants Salvador Quitlong and Emilio Senoto, Jr., shall therefore be held
to be mere accomplices conformably with Article 18 of the Revised Penal Code.

WHEREFORE, appellant Ronnie Quitlong is found guilty of the crime of murder for the killing of Jonathan Calpito and
sentenced to suffer the penalty of reclusion perpetua and further ordered to indemnify the heirs of the victim in the
amount of P50,000.00, to reimburse them the actual damages of P12,000.00 and to pay moral damages of
P50,000.00. Appellants Salvador Quitlong and Emilio Senoto, Jr., are found guilty as accomplices in the commission
of the crime, and each shall suffer the indeterminate sentence of nine (9) years and four (4) months of prision mayor
minimum period, as minimum penalty, to thirteen (13) years and nine (9) months and ten (10) days of reclusion
temporal minimum period, as maximum penalty. Appellants Salvador Quitlong and Emilio Senoto, Jr., are also hereby
held solidarily liable with appellant Ronnie Quitlong in the payment of the damages hereinabove mentioned. Costs
against appellants.

NOTES:
Soriano: Owner of the jeep
Adjaro : The one who witnessed the crime

The Accused:
Senoto, Jr.: A taxicab driver who testified that he was at the vicinity when the commotion happened and was about to
leave when he was arrested by the police.
Salvador Quitlong: A food vendor and denied being acquainted with Jesus Mendoza. He only helped Jesus Mendoza
because his daughter who was friends with Medoza’s daughter asked for help
Ronnie Quitlong: A sidewalk vendor. He only helped Jesus Mendoza because the latter’s daughter was asking for
help.

Others:
Nonita de los Reyes and Lydia Cultura: Both sidewalk vendors. Corroborated the story of the Quitlong Brothers.