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 o f 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 BE

TWEEN 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 DETERMI

NE 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 R
OBBERY 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