Or see - http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/may2014/196735.pdf
"x x x.
Ii is in the hallowed grounds of a university where students, faculty, and research personnel should feel safest. After all, this is where ideas that could probably solve the sordid realities in this world are peacefully nurtured and debated. Universities produce hope. They incubate all our youthful dreams.
Yet, there are elements within this academic milieu that trade misplaced concepts of perverse brotherhood for these hopes. Fraternity rumbles exist because of past impunity. This has resulted in a senseless death whose justice is now the subject matter of this case. It is rare that these cases are prosecuted. It is even more extraordinary that there are credible witnesses who present themselves courageously before an able and experienced trial court judge.
This culture of impunity must stop. There is no space in this society for hooliganism disguised as fraternity rumbles. The perpetrators must stand and suffer the legal consequences of their actions. They must do so for there is an individual who now lies dead, robbed of his dreams and the dreams of his family. Excruciating grief for them will never be enough.
x x x.
l)pon a finding of probable cause, an information is filed by the prosecutor against the accused, in compliance with the due process of the law. Rule 110, Section 1, paragraph 1 of the Rules of Criminal Procedure provides that:
A complaint or 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 pmiy; the approximate date of the commission of the offense; and the place where the offense was committed.
In People v. Wilson Lab-ea, 113 this court has stated that:
The test of sufficiency of Information is whether it enables a person of common understanding to know the charge against him, and the court to render judgment properly. x x x The purpose is to allow the accused to fully prepare for his defense, precluding surprises during the trial. 114
Contrary to the arguments of the appellants, the inclusion of the phrase "wearing masks and/or other forms of disguise" in the information does not violate their constitutional rights.
It should be remembered that every aggravating circumstance being alleged must be stated in the information. Failure to state an aggravating circumstance, even if duly proven at trial, will not be appreciated as such.115 It was, therefore, incumbent on the prosecution to state the aggravating circumstance of "wearing masks and/or other forms of disguise" in the information in order for all the evidence, introduced to that effect, to be admissible by the trial court.
In criminal cases, disguise is an aggravating circumstance because, like nighttime, it allows the accused to remain anonymous and unidentifiable as he carries out his crimes.
The introduction of the prosecution of testimonial evidence that tends to prove that the accused were masked but the masks fell off does not prevent them from including disguise as an aggravating circumstance.116 What is important in alleging disguise as an aggravating circumstance is that there was a concealment of identity by the accused. The inclusion of disguise in the information was, therefore, enough to sufficiently apprise the accused that in the commission of the offense they were being charged with, they tried to conceal their identity.
The introduction of evidence which shows that some of the accused were not wearing masks is also not violative of their right to be informed of their offenses.
The information charges conspiracy among the accused. Conspiracy presupposes that "the act of one is the act of all."117 This would mean all the accused had been one in their plan to conceal their identity even if there was evidence later on to prove that some of them might not have done so.
In any case, the accused were being charged with the crime of murder, frustrated murder, . and attempted murder. All that is needed for the infornation to be sufficient is that the elements of the crime have been alleged and that there are sufficient details as to the time, place, and persons involved in the offense.
x x x."
