Amendment or Substitution Of Complaint
Sec. 14. Amendment or substitution. – A complaint or information may be amended, in form or in substance, without leave of court at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and and when it can be done without causing prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged in 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. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party.
If it appears at anytime 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 section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their
appearance at the trial.
WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED?
> General rule: Before plea, a complaint or information can be amended in form or in substance without leave of court
> Exception: if the amendment will downgrade the offense or drop an accused from the complaint or information. In such case, the following requisites shall be observed:
1. The amendment must be made upon motion of the prosecutor
2. With notice to the offended party
3. With leave of court
4. The court must state its reason in resolving the motion
5. Copies of the resolution should be furnished all parties, especially the offended party
> After plea, only FORMAL AMENDMENTS may be made but with the
leave of court and when it can be done without causing prejudice
to the rights of the accused
WHEN CAN A COMPLAINT OR INFORMATION BE SUBSTITUTED?
A complaint or information may be substituted if:
1. At any time before judgment it appears that a mistake has been made in charging the proper offense, and
2. The accused cannot be convicted of the offense charged or of any other offense necessarily included therein
3. Provided that he will not be placed in double jeopardy
WHEN ARE THE RIGHTS OF THE ACCUSED MAY BE PREJUDICED BY AN AMENDMENT?
The rights of the accused may be prejudiced by an amendment in the following circumstances:
1. When the defense which he had under the original information would no longer be available
2. When any evidence which he had under the original information would no longer be available
3. When any evidence which he had under the original information would no longer be applicable to the amended information
WHAT ARE SUBSTANTIAL AMENDMENTS?
> Amendments involving the recital of facts constituting the offense and determinative of the jurisdiction of the court
> All other matters are merely of form
> After plea, substantial amendments are prohibited
WHEN CAN THERE BE AN AMENDMENT?
> BEFORE PLEA, a complaint or information can be amended in form or in substance without leave of court, except if the amendment will downgrade the offense or drop an accused from the complaint or information. In such a case, the following requisites must be observed:
1. Must be made upon motion of the prosecutor
2. With notice to the offended party
3. With leave of court
4. The court must state its reason in resolving the motion
5. Copies of the resolution should be furnished all parties, especially the offended party
> AFTER PLEA, only formal amendments may be made only with leave of court and when it can be done without causing prejudice to the rights of the accused.
WHAT IS A SUBSTITUTION?
> A complaint or information may be substituted if at any time before judgment, it appears that a mistake has been made in charging the proper offense, and the accused cannot be convicted
of the offense charged or of any other offense necessarily included therein, provided that he will not be placed in double jeopardy.
WHAT ARE THE DISTINCTIONS BETWEEN AN AMENDMENT AND A SUBSTITUTION?
1. Amendment may involve either formal or substantial changes, while substitution necessarily involves a substantial change.
2. Amendment before plea can be effected without leave of court, but substitution is always done with leave of court since it involves the dismissal of the original complaint.
3. Where the amendment is only as to form, there is no need for a new preliminary investigation or plea; in substitution, another preliminary investigation and plea is required.
4. An amended information refers to the same offense charged or to one, which necessarily includes or is necessarily included in the original charge, hence substantial amendments after plea cannot be made over the objection of the accused. Substitution requires that the new information is for a different offense which does not include or is not necessarily included in the original charge.
WHAT IS THE TEST TO DETERMINE IF WHAT IS NEEDED IS AMENDMENT OR SUBSTITUTION?
> Whether the new offense necessarily includes or is necessarily included in the original charge, or is an attempt to commit the same or frustration thereof
IS THERE A NEED FOR SUBSTITUTION OR AMENDMENT WHEN THE ORIGINAL CRIME CHARGED IS ROBBERY BUT IT WAS LATER FOUND OUT THAT THE CRIME SHOULD BE THEFT?
> No since theft and robbery are similar in their elements, it is only the existence of certain aggravating or qualifying circumstances in robbery that makes the difference
