G.R. No. L-8957; April 29, 1957
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. ANDRES O. FERRER, defendant-appellee.

FACTS

The Provincial Fiscal of Pangasinan filed an information accusing Andres G. Ferrer of violating Sections 51 and 54 in relation to Sections 183, 184, and 185 of the Revised Election Code. The information alleged that Ferrer, a classified civil service officer (Foreign Affairs Officer, Class III), willfully induced electors to vote for Liberal Party candidates. Specifically, it charged that: (1) before the November 10, 1953 elections, he delivered a speech at a Liberal Party rally in Barrio Caloocan Norte, Binmaley, Pangasinan, inducing voters to support Liberal Party candidates, and during said meeting, caused the distribution of cigarettes and pamphlets concerning the Liberal Party; and (2) prior to the elections, he campaigned house-to-house in the same barrio, distributing sample ballots of the Liberal Party. The defendant moved to quash the information on the grounds that it charged more than one offense and that the facts alleged did not constitute a violation of either Section 51 or Section 54. The Court of First Instance of Pangasinan issued an order holding the information defective and giving the prosecution five days to amend it, after which it would be deemed cancelled.

ISSUE

Whether the information filed against Andres G. Ferrer is defective for charging more than one offense.

RULING

Yes, the information is defective. The Supreme Court affirmed the trial court’s order quashing the information, but on a different ground. The information charges two distinct violations of the Revised Election Code: one under Section 51 (which prohibits, among others, giving or contributing money or things of value for electioneering, punishable under Section 183) and another under Section 54 (which prohibits electioneering by specified government officers and employees, including classified civil service officers, punishable under Sections 184 and 185). These are separate offenses with different penalties (Section 51 carries a heavier penalty than Section 54). The act of causing cigarettes (things of value) to be distributed is a violation distinct from the act of electioneering by a classified civil service officer; one is not a necessary means to commit the other. The rule against duplicitous information aims to give the defendant sufficient knowledge of the charge to prepare a defense and avoid confusion. The Court clarified that the trial court erred in delving into matters of defense (such as whether cigarettes are “food” or whether Ferrer was truly a classified civil service officer), as for purposes of a motion to quash, the allegations in the information are deemed admitted.