Dear PAO,

My neighbor’s brother was accused of kidnapping a family of three. Their family was shocked when the judgment came — he was convicted of three crimes, one for each family member allegedly kidnapped, even though only one complaint was filed against him. I have read that a complaint can only charge one offense, except when the specific law allows a single punishment for different offenses. So, is it possible for a person to be convicted of more than one crime when only one complaint is filed against him?

Jade

Dear Jade,

As a rule, a complaint must charge only a single offense. The only exception to this is when the law prescribes a single punishment for various offenses. This is in line with Section 13 of Rule 110 of the Revised Rules of Criminal Procedure (“Rules”), 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.”

However, if a single complaint charges two or more offenses and the accused fails to object to it before trial, he may be convicted by the court of as many offenses as are charged and proved. This is in consonance with Section 3, Rule 120 of the Rules, which provides:

“Section 3. Judgment for two or more offenses. – When two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense.”

In one case, the Supreme Court, through Associate Justice Henri Jean Paul Inting, clarified the following:

“x x x To emphasize, the public prosecutor must file one information for every victim of Kidnapping for Ransom regardless of whether they were all taken at the same time or only one ransom was demanded by the accused. After all, in such cases, the crimes were committed against each person kidnapped and as a consequence, the accused must be penalized for every count accordingly.

“Here, the Court notes that there was only one Information filed against accused-appellants for the kidnapping of Spouses Huang for the purpose of extorting ransom money. There is thus duplicity of the crimes charged in the Information. The records, however, do not show that accused-appellants objected to the duplicity of the Information by filing a motion to quash before their arraignment. Hence, they are deemed to have waived such defect.

“In this connection, Section 3, Rule 120 of the Rules of Court provides:

“SEC. 3. Judgment for two or more offenses. – When two or more offenses are charged in a single complaint or information, and the accused fails to object to it before trial, the court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense.” (People of the Philippines v. Tyrone Dela Cruz et al., GR 248456, Aug. 16, 2022) (Emphasis supplied)

Thus, while it is true that a complaint or Information may only charge one crime, your neighbor’s brother should have questioned the Information filed against him before his arraignment on the grounds of duplicity of the charges. If he failed to raise such an issue at the right time, he is deemed to have waived such defect.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]