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 AMEND

MENT 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 NEE

DED 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

RULE 113 - ARREST

Section 1. Definition of arrest. – Arrest is the taking of a person
into custody in order that he may be bound to answer for the commission
of an offense.
WHAT IS ARREST?
> Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of the offense

IS THERE HOUSE ARREST IN OUR JURISDICTION?

> Yes. Under Article 88 of the RPC, when there are offenses
punishable with arresto mayor, one can be given house arrest under certain
conditions.

WHAT IS THE ISSUE REGARDING ERAP? WHY DID HE

APPLY AND WAS GRANTED HOUSE ARREST?
> Erap first filed a petition for bail but was denied
> Plunder is a non-bailable offense
> The bail being denied, the natural consequence is detention
> He applied for house arrest given the circumstances of his person and medical
reasons

Sec. 2. Arrest; how made. – An arrest is made by an actual restraint of a person to

be arrested, or by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person

arrested shall not be subject to a greater restraint than is necessary for his detention.

HOW ARREST IS MADE?

> An arrest is made by an actual restraint of the person to be arrested or by his
submission to the custody of the person making the arrest

WHAT DOES IT MEAN WHEN JURISPRUDENCE SAYS

THAT THE OFFICER IN MAKING THE ARREST, MUST
“STAND HIS GROUND”?
> It means that the officer may use such force as is reasonably necessary to
effect the arrest
WHEN IS AN ARREST WITHOUT WARRANT
LAWFUL?
> A peace officer or private person may arrest without warrant:

1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

2. When an offense has just been committed and he has

probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has committed it; and

3. When the person to be arrested is a prisoner who has

escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.

4. In hot pursuit

A POLICE OFFICER WAS CHASING A PERSON WHO H

AD JUST
COMMITTED AN OFFENSE. THE PERSON WENT INSID
E A HOUSE,
SO THE POLICE OFFICER FOLLOWED. INSIDE THE H
OUSE, THE
POLICE OFFICER SAW DRUGS LYING AROUND.
CAN HE CONFISCATE THE DRUGS AND USE THEM AS
EVIDENCE?
> Yes. The plain view doctrine is applicable to this case because there was a valid prior
intrusion. The police officer inadvertently
discovered the evidence, he had a right to be there, and the evidence was immediately apparent.

WHAT IF THE OFFICER MERELY PEEKS THROUGH THE

WINDOW OF THE HOUSE AND SEES THE DRUGS, CAN HE
CONFISCATE THEM AND USE THEM AS EVIDENCE?
> He can confiscate them, without prejudice though to his liability for violation of domicile.
> He cannot use them as evidence because the seizure cannot be
justified under the plain view doctrine, there being no previous valid intrusion.

WHAT IS THE EFFECT IF A WARRANTLESS ARREST IS

ILLEGAL?
> It doesn't render void all other proceedings, including those leading to the conviction of the
accused nor can the state deprived of its right to convict the guilty when all the facts of record point
to his culpability

Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a
warrant, arrest a person:

(a) When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped

from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.

In cases falling under paragraphs (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the
nearest police station or jail and shall be proceeded against in accordance with section 7 of
Rule 112.