Remedial Law, 2022 Bar — Question I-10

ESSAY

An Information for Murder was filed against the accused Demo and Onyok. It reads: “That on or about the 9th day of March 2008, in the City of Las Piñas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and both of them mutually helping and aiding each other, without justifiable motive, with intent to kill and with treachery and abuse of superior strength, did then and there knowingly, unlawfully and feloniously attack, assault and use personal violence upon one Angel Rosario, by then and there repeatedly hitting and beating his head with a baseball bat, thereby inflicting upon the latter mortal injury which caused his death. Contrary to law.” The accused filed a motion to quash on the ground that the Information does not conform substantially to the prescribed form. Is the accused correct? Explain briefly.

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