Remedies against charging multiple crimes in single complaint

Dear PAO,

I saw the news about a case involving X, who faces accusations of sexual abuse. It appears that although only one complaint was filed by the prosecutor, X is charged with two crimes within the same complaint. A foreign friend said that such a practice is prohibited in their country. Do we have the same «rule»? I'm seeking clarity on our laws because I'm concerned about fairness for X in this situation. Is there a remedy available to him?

Bruce

Dear Bruce,

Under our rules, a complaint or information against an accused should only charge one offense. If the accused committed two or more offenses, there must be a separate complaint or information for each offense unless the applicable law permits a single punishment for various offenses. This is explicitly provided under Section 13 of Rule 110 of the Revised Rules of Criminal Procedure, which states:

«Section 13. Duplicity of the offense. – A complaint or information must charge but one offense, except when the law prescribes a single punishment for various offenses.»

The foregoing provision is in line with the Constitutional guarantee of the accused's right to be informed. Section 14, Article III of the 1987 Philippine Constitution specifically states:

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«Section 14. (1) x x x

»(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. x x x" (Emphasis supplied)

Assuming that X is indeed being charged for two crimes in a single complaint or information and the law applicable in his situation does not permit a single punishment for various offenses, his remedy is to file a motion for a bill of particulars, or he may file a motion to quash. Both remedies are provided for under the Revised Rules of Criminal Procedure. To be specific, Section 9 of Rule 116 and Sections 1 and 3 (f) of Rule 117 state that:

«RULE 116

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