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Amendment Or Substitution


Section 14

Section 14 applied only to original case and not to appealed case.

Gabionza v. CA, G.R. No. 140311 (2001)
When amendments to informations may be allowed:
a. it does not deprive the accused of the right to invoke
   prescription
b. it does not deprive the accused of the right to invoke
   prescription
c. it does not affect or alter the nature of the offense
   originally charged
d. it does not involve a change in the basic theory of the
   prosecution so as to require the accused to undergo any
   material charge or modification in his defense
e. it does not expose the accused to a charge which would call
   for a higher penalty
f. it does not cause surprise or deprive the accused of an
   opportunity to meet the new averment.

A defendant may file a counterclaim for interpleader against
the plaintiff and a third party also claiming the subject
matter of the suit.

LIMITATION TO THE RULE ON SUBSTITUTION:
a. No judgment has yet been rendered;
b. The accused cannot be convicted of the offense charged or
   of any other offense necessarily included therein;
c. The accused would not be placed in double jeopardy.

VARIANCE BETWEEN INDICTMENT AND PROOF:
1. When the offense proved is less serious than and is necessarily
   included in the offense charged, in which case, the defendant
   shall be convicted of the offense proved.
2. When the offense proves is more serious than and includes
   the offense charged, in which case the defendant shall be
   convicted of the offense charged;
3. When the offense proved is neither included in, nor does it
   include, the offense charged and is different therefrom, in
   which case the court should dismiss the action and order the
   filing of new information charging the proper offense.
   (Substitution of information applies in this case).

Amendment vs. Substitution
1. Amendment - May involve either formal or substantial changes.
 
   Substitution - involves substantial change from original
   charge.

2. Amendment - Amendment before the pleas has been entered can
   be effected without leave of court.
 
   Substitution - Substitution of information must be with leave
   of court as the original information has to be dismissed.

3. Amendment - Amendment is only as to form, there is no need for
   another preliminary investigation and the retaking of the plea
   of the accused.
 
   Substitution - Another preliminary investigation is entailed
   and the accused has to plead anew to the new information.

4. Amendment - An amended information refers to the same
   offense charged in the original information or to an offense
   which necessarily includes or is necessarily included in the
   original charge hence, substantial amendment to the information
   after the plea has been taken can not be made over the
   objection of the accused for if the original would be withdrawn
   the accused could invoke double jeopardy.

   Substitution - Requires or presupposes that the new information
   involves a different offense which does not includes or is not
   necessarily included in the original charge,hence the accused
   cannot claim double jeopardy.











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Bigwas

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