GR 1302; (August, 1903) (Digest)
March 7, 2026GR 1331; (August, 1903) (Digest)
March 7, 2026G.R. No. 1316 : August 29, 1903
THE UNITED STATES, complainant-appellee, vs. LI-DAO, defendant-appellant.
FACTS:
The defendant, Li-Dao, was charged in connection with the killing of an Igorot named Al-i-co. The charging document, filed by Inspector Elmer Eckman and sworn before Lieutenant Governor T.K. Hunt, was labeled an “Information.” It alleged that on December 8, 1902, Li-Dao and two others inflicted wounds on Al-i-co, from which he died. The document did not specifically name the crime charged (e.g., parricide, asesinato, or homicidio) nor did it allege any qualifying circumstances. The defendant was convicted of asesinato (murder) by the trial court. On appeal, the defendant moved to reverse the judgment and remand the case for a new trial on the ground that there was no valid complaint in the record.
ISSUE:
Whether the document filed, though labeled an “Information” and lacking a specific name for the crime, constitutes a valid complaint sufficient to sustain a conviction.
RULING:
The Supreme Court denied the defendant’s motion. The Court held that the document, while defective in form for not naming the crime as required by General Orders No. 58, constituted a valid complaint for homicidio (homicide). The facts alleged described the killing of a person without any allegations that would constitute parricide or the qualifying circumstances for asesinato. Under Article 404 of the Penal Code, any killing not falling under parricide or asesinato is homicidio.
The Court further ruled that the formal defect (the failure to name the crime) did not prejudice any substantial right of the defendant and was waived when the defendant failed to raise the objection by demurrer or otherwise in the trial court and proceeded to trial on the merits. The objection, raised for the first time on appeal, came too late.
Consequently, the trial court’s conviction for asesinato was unsustainable under the complaint. The most the defendant could be convicted of based on the allegations was homicidio. The case was set for further hearing on the merits.