Amendment And Substitution

Question 1

What are the 2 types of amendment?

Answer 1

Formal
Substantial

Question 2

When can an amendment be done? What are the rules? What is the GR? What is the exemption?

Answer 2

Before plea - can amend without leave of court , covers formal and substantial

After plea - need leave of court, covers formal amendment only, not cause prejudice to the rights of the accused?

Exemption: with leave of court

Question 3

What is the GR in the amendment before plea?

Answer 3

No need for leave of court.. in form

Question 4

When is the leave of court needed in a before plea? What are the exceptions?

Answer 4

If offended wants to
DOWNGRADE the nature of the offense charged in or (murder to homicide)

EXCLUDES any accused from the complaint or information upon
- motion by the prosecutor
- with notice to the offended party
- with leave of court

Kung lima akusado, tapos iexclude yung isa then need yung leave of court - motion must be filed in the court by the prosecutor…

Question 5

What is the amendment rule AFTER PLEA? Common example?

Answer 5

Need leave of court, where formal error lang ang need ipa amend;:

• typo error
• clirical error

Make sure that it will not prejudice the rights of the accused…

Age ng accused sa rape - rape na naging statutory rape - nag cause ng prejudice to the rights of the accused?

Question 6

In the after plea amendment. What is the two TEST to identify the amendment is formal?

Answer 6

Make sure that
- DEFENSE is still available,
- EVIDENCE gathered can still be applied even if the information is already amended

Question 7

Is substantial amendment in the after plea allowed?

Answer 7

No it will prejudice the rights of the accusedz

Question 8

Where does Substitution of an information usually occur?

Answer 8

If there is mistake in charging the offense

• At any time before judgment
• the accused CANNOT be convicted of the offense charged of any other offense necessarily included therein..
• make sure the accused will not be placed in double jeopardy… therefore substitution is now allowed

Under section 14, section 19 of rule 119… Substitution of accused

Question 9

Can the court require a witness to give bail for their appearance at the trial? Why is it so?

Answer 9

Yes, it may require. Bail is also applicable to witnesses…

Question 10

Substitution example

Answer 10

Did not commit acts of lasciviousness but theft, then the court cannot convict

Question 11

While the court awaits the filing of new information for the proper offense? Can the court dismiss?

Answer 11

Shall not dismissed the original complaint, provided the accused will not placed in double jeopardy..