Crim Pro Cases

Section 14, Rule 110 of the 1985 Rules on Criminal Procedure provides:
Sec. 14. Amendment. — The information or complaint may be amended, in substance or form,

without leave of court, at any time before the accused pleads; and thereafter and during the trial as
to all matters of form, by leave and at the discretion of the court, when the same can be done without
prejudice to the rights of the accused.
If it appears at any time before judgment that a mistake has been made in charging the proper
offense, the court shall dismiss the original complaint or information upon the filing of a new one
charging the proper offense in accordance with Rule 119, Section 11, provided the accused would
not be placed thereby in double jeopardy and may also require the witnesses to give bail for their
appearance at the trial.
The first paragraph provides the rules for amendment of the information or complaint, while the second paragraph
refers to the substitution of the information or complaint.
It may accordingly be posited that both amendment and substitution of the information may be made before or after
the defendant pleaded, but they differ in the following respects:
1. Amendment may involve either formal or substantial changes, while substitution necessarily involves a substantial
change from the original charge;
2. Amendment before plea has been entered can be effected without leave of court, but substitution of information
must be with leave of court as the original information has to be dismissed;
3. Where the amendment is only as to form, there is no need for another preliminary investigation and the retaking
of the plea of the accused; in substitution of information, another preliminary investigation is entailed and the
accused has to plead anew to the new information; and
4. An amended information refers to the same offense charged in the original information or to an offense which
necessarily includes or is necessarily included in the original charge, hence substantial amendments to the
information after the plea has been taken cannot be made over the objection of the accused, for if the original
information would be withdrawn, the accused could invoke double jeopardy. On the other hand, substitution requires
or presupposes that the new information involves a different offense which does not include or is not necessarily
included in the original charge, hence the accused cannot claim double jeopardy.
The test of whether an amendment is only of form and an accused is not prejudiced by such amendment has been
said to be whether or not a defense under the information as it originally stood would be equally available after the
amendment is made, and whether or not any evidence the accused might have would be equally applicable to the
information in the one form as in the other; if the answer is in the affirmative, the amendment is one of form and not
of substance
Furthermore, as we have heretofore held, if the crime originally charged is related to the amended charge such that
an inquiry into one would elicit substantially the same facts that an inquiry into the other would reveal, a new
preliminary investigation is not necessary.
PP V. TUBONGBANsUA
the test as to whether an amendment is only of form and an accused is not prejudiced by such amendment is
whether or not a defense under the information as it originally stood would be equally available after the amendment is
made, and whether or not any evidence which the accused might have would be equally applicable to the information in
one form as in the other; if the answer is in the affirmative, the amendment is one of form and not of substance.
Section 14, Rule 110 of the Rules of Court, provides that an amendment after the plea of the accused is
permitted only as to matters of form, provided leave of court is obtained and such amendment is not
prejudicial to the rights of the accused. A substantial amendment is not permitted after the accused had
already been arraigned.

Crim Pro Cases

Uploaded by

Copyright:

Available Formats

Crim Pro Cases

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Crim Pro Cases

Uploaded by

Copyright:

Available Formats

Section 14, Rule 110 of the 1985 Rules on Criminal Procedure provides:

Sec. 14. Amendment. — The information or complaint may be amended, in substance or form,

You might also like