RULE 110 - PROSECUTION OF OFFENSES

Crime/offense – used interchangeably; an act or omission punishable by law.

PURPOSE OF CRIMINAL ACTION: to determine the penal liability of the accused for having
outraged the state with his crime & if found guilty, to punish him for it.

- PP vs accused; victim is only a witness for the People

Real offended party: People of the Philippines,

When a person commits a crime he offends 2 entities;

i. The State or society in which he lives, whose law has been violated;
ii. The individual member of the society whose person, right, honor chastity or
property was directly injured or damaged
- the victim of the crime is entitled to intervene in its prosecution where the civil action is
impliedly instituted therein.

HOW CRIMINAL ACTIONS ARE INSTITUTED/MODES: ( sec 1)

1. For offenses requiring PI, a criminal action is instituted by filing the complaint w/ the
proper officer for the purpose of conducting PI;
2. For all other offenses, a criminal action is instituted either:
a. By filing the complaint or info directly with the MTC and MCTC;
b. By filing the complaint with the office of the prosecutor.
Note: unless otherwise provided in their charters ( like in Manila and chartered
cities, complaint must be filed with the OP)
- In case of conflict between a city charter and a provision of the Rules of Court, the
former being a substantive law shall prevail.

PI – mandatory if penalty prescribed by law is at least 4 years, 2 months and 1 day

EFFECT OF INSTITUTION OF CRIMINAL ACTION ON THE PRESCRIPTIVE PERIOD

-it shall interrupt the period of prescription of the offense charged unless otherwise provided in
special laws. This is because:

a) the filing of the complaint for PI already represents the initial step of the proceedings against
the offender;

b) it is unjust to deprive the injured party the right to obtain vindication on account of delays
that are not under his control.
SEC vs Interport Resources Corporation, GR 135808, 10-6-08 - institution of complaint before
SEC interrupts the running of prescriptive period ( because Office of the Prosecutor can not take
cognizance of the complaint unless resolved first by SEC)

I. WHO MUST PROSECUTE CRIMINAL ACTIONS ( sec 5)

PUBLIC PROSECUTOR – A QUASI-JUDICIAL OFFICER. A representative not of an ordinary party to

a controversy, but of the sovereignty whose obligation to govern impartially is as compelling as
its obligation not to govern at all;

- 2 fold aim: to see that guilt shall not escape or innocent suffer.

GENERAL RULE: All criminal actions covered by a complaint or information shall be prosecuted
under the direct control and supervision of the public prosecutor.

- The rationale for the rule is that since a criminal offense is an outrage against the
sovereignty of the State, a breach of the security and peace of the people at large, it
necessarily follows that the representative of the State shall direct and control the
prosecution
- - its means prosec decides who should be charged, who should be excluded ( to be state
witness), what case to file, what evidence to present
- The private pros can not take a stand different or opposed from the prosec;
- Public pros can take over the conduct of the trial fr the prosec any time the cause of the
prosecution is adversely affected.
- Private pros cannot file any pleading or motion w/o the conformity of public prosec
- On appeal, case to be handled by Solgen; Ombudsman, by Special Prosecutor
- The act of judge of allowing defense to present evidence in his absence was erroneous
and highly irregular; cannot be rectified by subsequently giving the prosec a chance to
cross-examine the witness.
- The private complainant may question such acquittal or dismissal only insofar as the civil
liability of the accused is concerned

PROSECUTION FOR VIOLATION OF SPECIAL LAWS

- Where the offense is a violation of a special law, the same shall be prosecuted pursuant
to the provisions of said law.
- E.g Violation of SEC law ( a specialized dispute) , it must be referred first to the
administrative agency of special competence

EXCEPTIONS:
1. In case of heavy work schedule or in the event of lack of prosecutor, the private pros
may be given a written authority by the Chief of Office of Prosec or the RSP, with the
approval of court;
 2. Private prosecutor may intervene where the civil action for the recovery of the civil
liability is instituted in the criminal action pursuant to Rule 111 except if the offended
party waives the civil action, reserves the rt to institute it separately or institutes it prior
to the criminal action or independent civil actions referred to in Arts 32, 33, 34 and 2176
of the Civil Code ( bec they are separate, distinct and independent of any criminal
prosecution even if based on the same act which also gave rise to the criminal action.

3. In PRIVATE CRIMES ( crimes which cannot be prosecuted except upon complaint filed by
the aggrieved/offended party) -CASADA

- Out of consideration that the aggrieved party may prefer to suffer the outrage in silence
rather than go through the scandal of public trial.
- The participation of the offended party in private crimes is essential not for the
maintenance of the criminal action but solely for the initiation thereof.
NOTE: once a complaint is filed, the will of the offended party is ascertained and the action
proceeds just as in any other crimes. Hence, any pardon given by the complainant or her
death after the filing of the complaint would not deprive the court of the juris to try the
case.

A) The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse
- Both guilty parties must be included if both are alive except if offended party has
consented to the offense or pardoned the offenders.
B) The offenses of seduction, abduction and acts of lasciviousness shall not be
prosecuted except upon a complaint by the offended party( even if minor) or her
parents, grandparents or guardian except if the offender has been pardoned the rt to
file action shall be exclusive of all other persons and shall be exercised successively in
the order provided.
- If victim dies or becomes incapacitated before she can file the complaint and has no
known parents, grandparents or guardian, the State shall initiate the criminal action in
her behalf.
C) No criminal action for defamation w/c consists in the imputation of any of the
foregoing offenses shall be brought except at the instance of and upon the complaint
of the offended party.

DESISTANCE OF OFFENDED PARTY

- Does not bar the PP from prosecuting the criminal action, but it does operate as a
waiver of the right to pursue civil indemnity.
 - Pardon by minor victim to be effective must be with conformity of parents and it must
be done before the filing of the complaint.

NOTE:

II. COMPLAINT vs INFORMATION - The complaint or information shall be in writing, in

the name of the People of the Philippines and against all persons who appear to be
responsible for the offense involved.
- The Information is considered the battle ground in criminal prosecutions
- Criminal prosecution revolves around proving beyond reasonable doubt the existence of
the elements charged
- Officer signing must have authority to sign and file the same; an infoirmity in the info
such as lack of authority of the officer signing it cannot be cured by silence,
acquiescence or even by express consent. Such lack of authority can be a ground for
quashal of the info. ( it is a valid info signed by a competent officer which confers court j
over person of accused and subject matter)

TEST FOR SUFFCIENCY OF COMPLAINT OR INFO – whether the crime is described in

intelligible terms with such particularity as to apprise the accused with reasonable
certainty, of the offense charged to enable the accused to suitably prepare for his
defense.
- For it to be sufficient, it must charge an offense, otherwise, it is defective.

REMEDIES BEFORE ARRAIGNMENT:

1. File Motion for Bill of Particulars
2. Motion to Quash info – it does not conform to the prescribed form

OTHERWISE, he is deemed to have waived his objections to any formal defect in the
information. Objections as to matters of form or substance cannot be made for the first
time on appeal. ( PP vs Mamaruncas, 664 SCRA 182)
- There is also waiver if he entered a plea during arraignment and actively participated in
the trial. His failure or neglect to assert a right within a reasonable time warrants a
presumption that the party entitled to assert it either has abandoned it or declined to
assert it. ( PP vs Morilla, 2-5-14)
- Evidence presented during trial can cure the defect in the information.

COMPLAINT ( SEC 3) INFORMATION ( sec 4)

-a sworn written statement charging a person - is an accusation in writing charging a person

with an offense, subscribed by the offended with an offense, subscribed by the prosecutor
party, any peace officer, or other public officer and filed with the court.
charged with the enforcement of the law - requires no oath ( bec the prosec is acting
violated. under the oath of his office)
- must be sworn, under oath - it is subscribed by the prosecutor
- it is subscribe by the offended party, any
peace officer, or other public officer charged
with the enforcement of the law

SUFFICIENCY OF COMPLAINT OR INFORMATION ; CONTENTS

1. Name of the accused ( sec 7) – maybe natural person or juridical
- State name, surname, appellation or nickname
- If not known, described him under fictitious name with a statement that his true name is
unknown
- Include all names of accused
- Mistake in name does not mean mistake in identity esp when sufficient evidence is
adduced to show that the accused is pointed to as one of the perpetrators of the crime
( PP vs Amodia, GR 173791. 4-7-09)
- In offenses against property, if the name of the offended party is unknown, the property
must be described w/ such particularity as to properly identify the offense charged.
- First duty of prosec is not to prove offense but to prove identity of accused;
- Positive identification pertains essentially to the proof o identity ( by direct evidence or
circumstantial evidence)

NOTE: In offenses against property, if the subject matter of the offense is generic and not
identifiable, such as money unlawfully taken, an error in the designation of the offended
party is fatal and wld result in acquittal of the accused. However , if the s.m of the
offense is specific an identifiable, an error in the name of the offended party is
immaterial. ( Senador vs PP, 692 S 669)

2. The designation of the offense given by the stature – technical name

-A procedural requirement so accused would know under which law he is being charged
of esp where the same act or omission constitutes at the same time an offense
penalized by a national law and by an ordinance.
-to avoid misconception and misinterpretation of the info.
- to avoid surprise on the accused and to afford him the opportunity to prepare for his
defense;
- it is the allegations in the information that determine the nature of the offense not the
technical name given by the prosecutor in the preamble of the information. - -From a
legal pt of view,it is of no concern to the accused what is the technical name of the crime
of whch he stands charged. It in no way aids him in his defense on the merits. His
 attention shld be directed on the facts alleged. The real question is not did he commit a
crime given In the law some technical and specific name, but did he perform the acts
alleged in the body of the infor in the manner therein set forth. ( Matrido v PP, GR
179061, July 13, 2009)
-the specific acts of the accused do not have to be described in detail in the Info as it is
enough that the offense be described w/ sufficient particularity to make sure that the
accused understands what he is being charged with.
- -there is no rule which specifically requires that the information must state the particular
law under which the accused is charged in order for it to be considred sufficient and valid.
e.g. disguise as aggravating – allege “wearing masks and other forms of disguise”
rape with use of deadly weapon
To qualify rape –allege relationship

3. Cause of Accusation ( sec 9) - The acts or omissions complained of as constituting the

offense
- The information must allege clearly and accurately the elements of the crime charged
- Every crime is made up of certain acts and intent, this must be set forth in the complaint
with reasonable particularity of time, place, names and circumstances
- In order for this requirement may be satisfied, ultimate facts must be stated, not
conclusions of law. I.e., specific averment of every fact or element constituting the crime
must be alleged. Otherwise, information is void for being violative of the constitutional
right of the accused to know the nature of the offense charged.;
- -the purpose is to inform the accused of the nature of the accusation against him so as
to enable him to suitably prepare for his defense
- Another purpose is to enable the accused if found guilty, to plead his conviction in a
subsequent prosecution for the same offense.
- The allegations of facts constituting the offense are substantial matters and an accused’s
rt to question his conviction based on facts nt alleged in the info cannot be waived.
- The acts or omissions complained of as constituting the offense must be stated in an
ordinary and concise language to:
a. Enable a person of common understanding to know what offense is intended to be
charged;
b. To enable the court to pronounce proper judgment

The following rules must be observed in designating the offense:

(a) As a rule, the name given to the offense by the statute must be stated in the
complaint or information; if the statute gives no designation to the offense, then
reference must instead be made to the section or subsection punishing it.
- The failure to designate the offense by the statute or to mention the specific provision
penalizing the act or an erroneous specification of the law violated does not vitiate the
info if the facts alleged clearly recite the facts constituting the crime charged.
 (b) An averment of the acts or omissions constituting the offense;
(c) It must specify the qualifying and aggravating circumstances of the offense
- For them to be considered in the imposition of the penalty
- Otherwise, the accused will not be convicted of the offense proved during the trial if it
was not properly alleged in the info
e.g. arson – no allegation that it was inhabited, accused will be liable for simple arson
rape – no allegation of minority or relationship
-Accused mentioned as victim’s uncle, w/o specifically stating that he is a
relative within the 3rd civil degree of consanguinity or affinity – convicted is simple rape only;
cannot be convicted in qualified for, ( PP vs. Ubina, 7-10-07, GR 176349)
 Instead of using conspiracy, info used “all the above-named accused participate in
and facilitate” ( enough proof of conspiracy)

NOTE: how the nature of the offense is determined?

- The real nature of the criminal charge is determined not from the caption or the
preamble of the info or fr the specification of the provision of law alleged to have been
violated, which are mere conclusions of law, but by the actual recital of the facts in the
complaint or information.

Examples of conclusions of law:

1. Treachery
2. Grave abuse of confidence
3. The term “sexual abuse”, “rape” or “acts of lasciviousness” - not sufficient to convict the
accused of child abuse) - must state accused embraced, held her breasts, kissed her, etc.

Special qualifying circumstance - must be specifically pleaded/alleged in the information;

- they alter the nature of the crime of rape and increase the penalty

4. Place where the offense was committed ( sec 10)

- The complaint or information is sufficient if it can be understood from its allegations
that the offense was committed or some of its essential ingredients occurred at some
place within the jurisdiction of the court, unless the particular place where it was
committed constitutes an essential element of the offense charged or is necessary for its
identification.

Crimes where place is essential:

1. Violation of Domicile ( Art. 128, RPC)
2. Trespass to Dwelling ( Art. 280, RPC)
3. Violation of election law ( 30 meter radius carrying of deadly weapon)
4. Maintenance of Drug den
5. Robbery in uninhabited place ( Art 299, RPC)
6. Highway Robbery ( PD 532)

5. Date of the commission of the offense ( sec 11)

-precise date need not be stated, it is enough to allege that the offense was committed
on a date as near as possible to the actual date of its commission, except when it is a
material ingredient of the offense. ( PP vs Dion, 7-4-11 GR 181035; PP vs Mercado 5-30-
11

- date should not be so remote from actual date of its commission

- where the allegation in the info as to the date or time of the commission of the offense
is so uncertain, indefinite or ambiguous as to constitute a violation of the right of the accused to
be informed of the nature and cause of the accusation against him, prosec must amend info.
-info can not be amended to conform to evidence if there is variance of several years bet
time stated in the info and that proven ( violative of constl rt of accused)
e.g. in rape, failure to specify date does not ipso facto make the info defective on its face
bec the gravamen of rape is carnal knowledge of woman and precise time when rape took place
has no substantial bearing on its commission.
- on or about the year 2012 – includes not only 2012 but 2011 and 2013, deprived
accused to intelligently prepare for his defense

6. Name of the offended Party

- in offenses against property, if the name of the offended party is unknown, the property must
be described with such particularity as to properly identify the offense charged.

EFFECT of mistake in the name of offended party:

1. the appellant was charged with oral defamation, a crime against honor, wherein the identity
of the person against whom the defamatory words were directed is a material element. Thus,
an erroneous designation of the person injured is material.
2. On the contrary, in the instant case, Senador was charged with estafa, a crime against
property that does not absolutely require as indispensable the proper designation of the name
of the offended party. Rather, what is absolutely necessary is the correct identification of the
criminal act charged in the information.Thus, in case of an error in the designation of the
offended party in crimes against property, Rule 110, Sec. 12 of the Rules of Court mandates the
correction of the information, not its dismissal:chanroblesvirtualawlibrary
3. if the subject matter of the offense is generic or one which is not described with such
particularity as to properly identify the offense charged, then an erroneous designation of the
offended party is material and would result in the violation of the accused's constitutional right
to be informed of the nature and cause of the accusation against her. Such error, Lahoylahoy
teaches, would result in the acquittal of the accused, n Lahoylahoy, the subject matter of the
offense was money in the total sum of PhP 100. Since money is generic and has no earmarks
that could properly identify it, the only way that it (money) could be described and identified in
a complaint is by connecting it to the offended party or the individual who was robbed as its
owner or possessor. Thus, the identity of the offended party is material and necessary for the
proper identification of the offense charged. Corollary, the erroneous designation of the
offended party would also be material, as the subject matter of the offense could no longer be
described with such particularity as to properly identify the offense charged.
4. if the subject matter of the offense is specific or one described with such particularity as to
properly identify the offense charged, then an erroneous designation of the offended party is
not material and would not result in the violation of the accused's constitutional right to be
informed of the nature and cause of the accusation against her. Such error would not result in
the acquittal of the accused. that the erroneous designation of the person injured by a criminal
act is not material for the prosecution of the offense because the subject matter of the offense,
a warrant, was sufficiently identified with such particularity as to properly identify the particular
offense charged.

III. DUPLICITY OF the OFFENSE ( SEC 13)

- joinder of distinct offenses in one complaint or information
– A complaint or information must charge only one offense, except when the law
prescribes a single punishment for various offenses.chanrobles virtualawlibrary
-failure to interpose objection on the ground of duplicity of the offenses charged in
the information constitutes waiver; otherwise the court may convict him of as many
offenses as are charged and proved ( proven as independent crimes), and impose on
him the penalty for each offense. ( PP vs Chingh, 3-16-11, GR 178323)
Should file motion to quash
-he rationale behind this rule prohibiting duplicitous complaints or informations is to
give the accused the necessary knowledge of the charge against him and enable him
to sufficiently prepare for his defense. The State should not heap upon the accused
two or more charges which might confuse him in his defense

EXCEPTIONS:

1. Continuous or continuing offense – there should be plurality of acts performed

separately during a period of time; unity of penal provision infringed upon or
violated; unity of criminal intent, which mean 2 or more violations of the same penal
provision are united in one and the same intent leading to the perpetration of the
same criminal purpose or aim.

Continued crime – a single crime consisting of a series of acts but all arising from one
criminal resolution. It is a continuous, unlawful act or series of acts set on foot by a
 single impulse and operated by an unintermittent force,however long a time it may
occur. Although there are series of acts, there is only one crime committed.
- series of acts committed on the same period & impelled by single intent or
resolution

e.g. taking of 2 roosters (belonging to different owners) in the same place on the
same occasion in dictated by one criminal design/intent
- estafa thru falsification of public document involving 2 offended party.

2. Complex crime – when a single act constitutes 2 or more grave or less grave felonies
or when an offense is a necessary means for committing the other;
If one of the offenses in the complex crime has not been proved, the accused can still be
convicted of the offense duly proved.

A. Compound crime - a single act constitutes 2 or more grave or less grave felonies
eg. - a single act, that of throwing highly explosive hand grenade at president Roxas, the
accused committed 2 grave felonies namely: (1) murder, of which Simeon Varela was the victim;
and (2) multiple attempted murder, of which President Roxas, Alfredo Eva, etc
were the injured parties.
- a single bullet killed 2 persons

B. Complex Crime Proper - when an offense is a necessary means for committing the
other.
- component crimes are defined & penalized under separate & distinct articles & are
committed under circumstances in Art. 48 of the same Code.
- if one of the offenses in the complex crime has not been proved, the accused can still
be convicted of the offense duly proved.
e.g. - homicide with assault upon a person in authority;

SPECIAL COMPLEX CRIME - component crimes constituting a single indivisible offense &
are penalized under one article of the RPC
E.g. - robbery with homicide, robbery with rape, kidnapping with homicide, rape
with homicide.

CAN CRIMINAL PROSECUTION BE RESTRAINED BY INJUNCTION?

GENERAL RULE: Writs of injunction or prohibition will not lie to restrain a criminal prosecution
- the reason is that public interest requires that criminal acts be immediately investigated
and prosecuted for the protection of society.
- Courts cannot interfere with the discretion of the prosec or the Ombudsman to
determine the specificity and adequacy of the averment of the offenses charged unless
 there is clear showing of grave abuse of discretion or any act w/o or in excess of juris on
his part.

EXCEPTIONS:
1. Where injunction is justified by the necessity to afford protection to the
constitutional rights of the accused;
2. When nec. For the orderly administration of justice or to avoid oppression or
multiplicity of suits;
3. When there is a prejudicial question which is subjudice;
4. When the acts of the officer are w/o or in excess of authority;
5. Where the prosec is under an invalid law, ordinance or regulation;
6. When double jeopardy is clearly apparent;
7. Where the court has no juris over the offense;
8. Where it is a case of persecution rather than prosecution;
9. Where the charges are manifestly false and motivated by the lust of vengeance;
10. When there is clearly no prima facie case against the accused and motion to
quash on that ground has been denied;
11. Prel injunction has been issued by the SC to prevent the threatened unlawful
arrest of petitioners.

IV. AMENDMENT OR SUBSTITUTION

- May be made b4 or after the defendant pleads

Sec. 14 ( 1st par). Amendmen – A complaint or information may be amended, in form or in

substance, without leave of court 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.

General rule: Amendment made before plea whether in form or substance; may be
dome without leave of court
EXCEPT: w/ leave, upon motion of prosec and w/ notice to offended party
a) Amendment will downgrade the nature of the offense charged;
b) It will exclude any accused from the complaint or info

AMENDMENT AFTER PLEA

A) Formal amendment – w/ leave of court; must not cause prejudice to the rts of the
accused;
B) Substantial amendment- not allowed except if the same is beneficial to the accused (
Ricarze vs CA, 2-9-07, GR 160451)

TEST AS TO WHETHER A DEF IS PREJUDICE BY THE AMENDMENT – is whether a defense

under the info as it originally stood wld be available after the amendment is made, &
whether any evidence defendant might have wld be equally applicable to the info in the
one form as in the other.
-an amendment to an info 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 nt of substance
E;e. : substitution of name of offended party. ( will not change basis of the charge; will
nt prejudice accused; evidence will be the same

FORMAL AMENDMENTS:
1) New allegations which relate only to the range of the penalty that the court might
impose in the event of conviction; e.g. allegation of recidivism or habitual
delinquency
2) Amendment w/c does not charge another offense different or distinct fr 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; e.g. change lacerated wound to stabbed wounds
4) An amendment which does not adversely affect any substantial rt of the accused;
5) An amendment that merely adds specifications to eliminate vagueness in the Info
and not to introduce new and material facts and merely states with additional
precision something which is already contained in the origl info and which nothing
essential for conviction for the crime charged. ( Ricarze vs CA, GR 160451, 2-9-07
6) There was no change in the recital of facts constituting the offense charged or in the
determination of the jurisdiction of the court….the only change made was in the
caption of the case and in the opening paragraph or preamble of the Info.
e.g. crossing out the word “homicide” and its replacement by the word “murder” is
purely formal ( Pacoy v Judge Afable Cajigal, GR 157472, 9-28-07)
7) amendment required as a result of supervening fact; requires new arraignment e.g.
frustrated homicide to homicide; slight phy injuries to serious bec victim suffered
permanent scar on his face

SUBSTANTIAL AMENDMENTS
1. Robbery to robbery in an uninhabited place
2. Changing the items, articles stolen into different articles; it affects the essence of
the imputed crime
 3. Allegation of conspiracy – it needs a new defense
4. Homicide to Murder

SUBSTITUTION ( 2nd par of sec 14, R-110)

a) 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 provided the accused shall not be placed
in double jeopardy.
b) The dismissal of the original complaint or info must be in accordance with section 19,
Rule 119,
Sec. 19. When mistake has been made in charging the proper offense. – When it
becomes manifest at any time before judgment that a mistake has been made in
charging the proper offense and the accused cannot be convicted of the offense charged
or any other offense necessarily included therein, the accused shall not be discharged if
there appears good cause to detain him. In such case, the court shall commit the
accused to answer for the proper offense and dismiss the original case upon the filing of
the proper information.

AMENDMENT
1. May either formal or substantial
2. A b4 plea can be effected w/o leave of
court
3. When A is in form, no need for another
PI and the retaking of the plea of the
accused
4. It refers to the same offense charged in
the origl info or to an offense w/c
necessarily includes or is necessarily
included in the original charge
SUBSTITUTION
1. Involves substantial change fr the
original charge
2. Must be w/ leave of court as the orig
info will be dismissed
3.Another PI is entailed & the accused has
to plead anew to the new info
4.Presupposes that the new info involves a
different offense w/c does not include or is
necessarily included in the orig charge,
hence accused cannot claim double
jeopardy.

SUBSTANTIAL AMENDMENT - consists of the recital of facts constituting the offense charged and
determinative of the jurisdiction of the court.

Why substantial amendment not allowed after arraignment? The theory in law is that since the
accused officially begins to prepare his defense against the accusation on the basis of the
recitals in the information read to him during arraignment, then the prosecution must establish
its case on the basis of the same information.

IDENTITY OF 2 OFFENSES
 a) when the evidence o support conviction for 1 offense wld be the sufficient to warrant a
conviction for the other
b) When the 2nd offense is exactly the same as the first ;

c) When the second offense is an attempt to commit or a frustration of, or when it

necessarily includes or is necessarily included in the offense charged in the 1 st info.

- An offense is said to necessarily include another when some of the essential elements or
ingredients of the former,as this is alleged in the info, constitutes the latter.

- An offense may be said to be necessarily included in another when the essential

ingredients of the former constitute or form a part of those constituting the latter.

JURISPRUDENCE:

1. Info amended from frustrated murder to murder after Prosec has rested its case due to death
of victim( Teehankee v Madayag and PP, 3-6-92, GR 103102)

- The nature of the offense orignally charged was not actually changed. Instead, an additional
allegation, that is, the supervening fact of the death of the victim was merely supplied to aid the
trial court in determining the proper penalty for the crime. That the accused committed a
felonious act with intent to kill the victim continues to be the prosecution's theory. There is no
question that whatever defense herein petitioner may adduce under the original information
for frustrated murder equally applies to the amended information for murder. Under the
circumstances thus obtaining, it is irremissible that the amended information for murder is, at
most, an amendment as to form which is allowed even during the trial of the case.

It consequently follows that since only a formal amendment was involved and introduced in the
second information, a preliminary investigation is unnecessary and cannot be demanded by the
accused.

2. The additional allegations of habitual delinquency and recidivism do not have the effect of
charging another offense different or distinct from the charge of qualified theft (of a motor
vehicle) contained in the information. Neither do they tend to correct any defect in the
jurisdiction of the trial court over the subject-matter of the case. The said new allegations relate
only to the range of the penalty that the court might impose in the event of conviction. They do
not alter the prosecution's theory of the case nor possibly prejudice the form of defense the
accused has or will assume. Consequently, in authorizing the amendments, the respondent
judge acted with due consideration of the petitioner's rights and did not abuse his discretion.
The mere amendment of the information to include allegations of habitual delinquency and
recidivism does not have the effect of a dismissal of the criminal action for qualified theft
alleged in the original information. ( Almeda v Villaluz, 8-6-75, GR L-31665)
3. In the amended information, the prosecution additionally alleged that petitioner is “doing
business under the name and style of ‘Weigh Less Center’/Mendez Medical Group.’” Given the
nature of a sole proprietorship, the addition of the phrase “doing business under the name and
style” is merely descriptive of the nature of the business organization established by the
petitioner as a way to carry out the practice of his profession. As a phrase descriptive of a sole
proprietorship, the petitioner cannot feign ignorance of the “entity” “Mendez Medical Group”
because this entity is nothing more than the shadow of its business owner – petitioner himself.
At any rate, we agree with the prosecution that petitioner has no reason to complain for the
inclusion of the phrase “Mendez Medical Group.”( Mendez v PP, 6-11-14, GR 179962)

4. When two or more offenses are charged in a single complaint or information but the accused
fails to object to it before trial, the court may convict him of as many offenses as are charged
and proved, and impose upon him the proper penalty for each offense. 83 Carampatana, Oporto,
and Alquizola can then be held liable for more than one crime of rape, or a total of four (4)
counts in all, with conspiracy extant among the three of them during the commission of each of
the four violations. Each of the accused shall thus be held liable for every act of rape committed
by the other. But while Oporto himself testified that he inserted his sexual organ into AAA’s
mouth, the Court cannot convict him of rape through sexual assault therefor because the same
was not included in the Information. This is, however, without prejudice to the filing of a case of
rape through sexual assault as long as prescription has not yet set in. ( PP and AAA v CA,
Carampatana, et al, 2-25-15, GR 183652)

5. It should not be difficult to see that merely averring the killing of a person by shooting him
with a gun, without more, did not show how the execution of the crime was directly and
specially ensured without risk to the accused from the defense that the victim might make.
Indeed, the use of the gun as an instrument to kill was not per se treachery, for there are other
instruments that could serve the same lethal purpose. Nor did the use of the
term treachery constitute a sufficient averment, for that term, standing alone, was nothing but
a conclusion of law, not an averment of a fact. In short, the particular acts and circumstances
constituting treachery as an attendant circumstance in murder were missing from the
informations. X x x.The real question is not did he commit a crime given in the law some
technical and specific name, but did he perform the acts alleged in the body of the information
in the manner therein set forth. If he did, it is of no consequence to him, either as a matter of
procedure or of substantive right, how the law denominates the crime which those acts
constitute. The designation of the crime by name in the caption of the information from the
facts alleged in the body of that pleading is a conclusion of law made by the fiscal. In the
designation of the crime the accused never has a real interest until the trial has ended. For his
full and complete defense he need not know the name of the crime at all. It is of no
consequence whatever for the protection of his substantial rights. The real and important
question to him is, "Did you perform the acts alleged in the manner alleged?" not "Did you
commit a crime named murder." If he performed the acts alleged, in the manner stated, the law
determines what the name of the crime is and fixes the penalty therefor. It is the province of
the court alone to say what the crime is or what it is named. ( PP v PO2 Valdez & Valdez, 1-18-
12, GR 175602)

6. Interpreting the previously discussed cases, We conclude that in offenses against property, if
the subject matter of the offense is generic and not identifiable, such as the money unlawfully
taken as in Lahoylahoy, an error in the designation of the offended party is fatal and would
result in the acquittal of the accused. However, if the subject matter of the offense is specific
and identifiable, such as a warrant, as in Kepner, or a check, such as in Sayson and Ricarze, an
error in the designation of the offended party is immaterial.(Senador v PP and Jaime, 3-6-13, GR
201620.