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Saturday, November 24, 2012

WHAT ARE THE BASIC RULES ON AMENDMENT OF INFORMATION?


Question: Distinguish substantial from formal amendment.

Answer: A substantial amendment consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. All other matters are merely of form.

The following have been held to be mere formal amendments: (1) new allegations which relate only to the range of the penalty that the court might impose in the event of conviction; (2) an amendment which does not charge another offense different or distinct from that charged in the original one; (3) additional allegations which do not alter the prosecution's theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume; (4) an amendment which does not adversely affect any substantial right of the accused; and (5) an amendment that merely adds specifications to eliminate vagueness in the information and not to introduce new and material facts, and merely states with additional precision something which is already contained in the original information and which adds nothing essential for conviction for the crime charged. (LEVISTE vs. ALMEDA, G.R. No. 182677, August3, 2010)

Question: What is the test whether the amendment is substantial or merely formal?

Answer: The test as to whether a defendant is prejudiced by the amendment is whether a defense under the information as it originally stood would be available after the amendment is made, and whether any evidence defendant might have would be equally applicable to the information in the one form as in the other. An amendment to an information which does not change the nature of the crime alleged therein does not affect the essence of the offense or cause surprise or deprive the accused of an opportunity to meet the new averment had each been held to be one of form and not of substance.(Ricarze v. Court of Appeals, G.R. No.160451, February 9, 2007)

Question: What kind of amendment of the complaint/information can be made before arraignment?

Answer: As a rule, both formal and substantial amendments are allowed before arraignment even without leave of court. By way of exception, an amendment before plea which downgrades the nature of the offense charged or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. (Section 14, Rule 110 of the Rules of Criminal Procedure)

Question: Before arraignment, can amendment of the complaint/information be allowed to cure any and all defects thereof?

Answer: No. It must be clarified that not all defects in the information are curable by amendment prior to entry of plea. An information which is void ab initio cannot be amended to obviate a ground for quashal. An amendment which operates to vest jurisdiction upon the trial court is likewise impermissible. (LEVISTE vs. ALMEDA, G.R.No. 182677, August 3, 2010)

Question:  After the accused entered his plea, may the Information for homicide be still amended to charge the more serious offense of murder?

Answer: No, because such amendment upgrading the charge from homicide to murder is a substantial amendment. The amendment of the Information from homicide to murder is "one of substance with very serious consequences. In keeping with Section 14, Rule 110 of the Rules of Criminal Procedure, only formal amendment can be allowed after arraignment but it is always upon leave of court and provided no prejudice can be made on the rights of the accused. After the accused is arraigned, substantial amendment is proscribed except if the same is beneficial to the accused. (Fronda-Baggaov. People, G.R. No. 151785, December 10, 2007)

Question: The original Information alleged that on October 16, 1992, petitioner Danilo Buhat, armed with a knife, unlawfully attacked and killed one Ramon George Yu while the said two unknown assailants held his arms, "using superior strength, inflicting . . . mortal wounds which were . . . the direct . . . cause of his death" In filing this information, the prosecutor expressly designated it as one for homicide.

 After arraignment, the prosecution moves to amend the original Information by changing the express designation of the crime charged from homicide to murder. Can this be allowed?

Answer: Yes. Notice that the original information already contains the allegation that the killing was done with the “use of superior strength”. This allegation already qualified the killing as murder regardless of how such killing is technically designated in the information filed by the public prosecutor.

When the appellation of the crime charged as determined by the public prosecutor, does not exactly correspond to the actual crime constituted by the criminal acts described in the information to have been committed by the accused, what controls is the description of the said criminal acts and not the technical name of the crime supplied by the public prosecutor. In other words, the real nature of the criminal charge is determined not from the caption or preamble of the information nor from the specification of the provision of the law alleged to have been violated, they being conclusions of law which in no way affect the legal aspects of the information, but from the actual recital of facts as alleged in the body of the information.

Under these circumstances, the amendment of the Information by merely changing its express designation from homicide to murder is only a formal amendment and no prejudice can be made against the rights of the accused. (DANILO BUHAT VS. COURT OF APPEALS, G.R. No. 119601 December 17, 1996)

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