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CRIMINAL PROCEDURE (The Bar Lecture Series)  voluntary submission by

By Williard B. Riano the court
- Injunction will not be granted to restrain a criminal prosecution either a
CHAPTER I – Preliminary Considerations preliminary or final injunction however, there are ex exceptions to said rule
that are meant to apply in extreme cases. (Brocka v. Enrile, 192 SCRA 183,
 Adversarial or Accusatorial v. Inquisitorial System 188)
- Adversarial or Accusatorial - In our criminal justice system, the public prosecutor exercises the jurisdiction
 The system of procedure in our jurisdiction. in determining whether a criminal case shall be filed in court, and the court
 Two contending parties before the court which hears must respect the exercise of such jurisdiction. (People v. Yecyec, 739 SCRA
them impartially and renders judgment only after trial. 719, 732)
 The court takes a passive role and relies solely on the - Mandamus is a remedial measure for parties aggrieved which shall be issued
evidence presented by both sides to the action in order when “any tribunal, corporation, board, officer or person unlawfully neglects
to reach a verdict. the performance of an act which the law specifically enjoins as a duty
- Inquisitorial resulting from an office, trust or station.”
 The court plays a very active role and is not limited to - The writ of mandamus is not available to control discretion.
the evidence presented before it. The court may utilize
evidence gathered outside the court and a judge or CHAPTER II – Prosecution of Offenses (Rue 110)
group of judges may actively participate in the gathering
of facts and evidence.  Institution of Criminal Action
 Requisites for the Exercise of Criminal Jurisdiction - It depends upon whether or not the offense is one which requires a
- Basic requirements before a court can acquire jurisdiction over preliminary investigation. (Sec. 1, Rule 110, Rules of Court)
criminal cases  Where a preliminary investigation is required
 Jurisdiction over the subject matter (or offense  Instituted by the filing of the complaint with the
charged) proper officer for the purpose of conducting
 The authority of the court to hear and preliminary investigation (Sec. 1, Rule 110,
determine a particular criminal case Rules of Court)
 It is the law that confers jurisdiction (e.g. B.P.  Penalty imposed is more than 4 years, 2
129) and not the rules months and 1 day
 Jurisdiction over a criminal case is determined  Filed at the office of the public prosecutor
by the allegations in the complaint or  Where a preliminary investigation is not required
information (a) By filing the complaint or information directly
 Jurisdiction is determined by the penalty with the Municipal Trial Court and Municipal
imposable by law on the offense and not by Circuit Trial Court (direct filing)
the penalty imposed after trial (b) By filing the complaint with the office of the
 Jurisdiction over the territory prosecutor (Sec. 1, Rule 110, Rules of Court)
 In criminal cases, venue is jurisdictional - In Manila and other chartered cities, a special rule prevails, “the complaint
 For jurisdiction to be acquired by the courts in shall be filed with the office of the prosecutor unless otherwise provided in
criminal cases, the offense should have been their charters.” (Sec. 1, Rule 110, Rules of Court)
committed or any one of its essential - There is no direct filing of an information or complaint with the Regional Trial
ingredients should have taken place within the Court because its jurisdiction covers offenses which require preliminary
territorial jurisdiction of the court investigation.
 Jurisdiction over the person of the accused - Direct filing in court occurs in a case where a preliminary investigation is not
 This kind of jurisdiction requires that the to be conducted and this refers to offenses for which the penalty prescribed
person charged of the offense must be by law is less than 4 years, 2 months and 1 day. This penalty is covered by
brought into its forum for trial by: the jurisdiction of the MTC.
 warrant of arrest; or
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- No direct filing with the Metropolitan Trial Court of Manila because in Manila unmistakable showing of grave abuse of discretion on the part of the
and other chartered cities, the complaints, as a rule, shall be filed with the prosecutor. (Chua v. Padillo)
office of the prosecutor, unless otherwise provided in their charters. The - The public prosecutor may turn over the actual prosecution of the criminal
charter shall prevail over the Rules of Court. case to the private prosecutor he may, at any time, take over the actual
- The institution of criminal action shall interrupt the period of prescription of conduct of the trial. (People v. Tan)
the offense charged unless otherwise provided in special laws. - The presence of a public prosecutor in the trial of criminal cases is necessary
- Where preliminary investigation is not required, the filing of the information or to protect vital State interests.
complaint directly with the MTC and MCTC shall interrupt the period of - A criminal action in a Municipal Trial Court or in a Municipal Circuit Trial
prescription of the offense charged. Court shall also be prosecuted under the direction and control of the
- Act No. 3326 is the law that governs the period of prescription for violations prosecutor (Sec. 5, Rule 110). However, when the prosecutor assigned is not
penalized by special acts and municipal ordinances. available, the action may be prosecuted by:
- In Zaldivia v. Reyes, a case involving an offense punishable by a municipal a. The offended party;
ordinance, held that Act No. 3326 says that the period of prescription shall be b. Any peace officer; or
suspended when proceedings are instituted against the guilty person. The c. Public officer charged with the enforcement of the law violated
proceedings referred to are “judicial proceedings” and not administrative - A dismissal of a criminal case by the trial court or of there is an acquittal of
proceedings. This ruling is not controlling in special laws. the accused, it is only the OSG that may bring an appeal on the criminal
- In Panaguiton Jr. v. Department of Justice, the court held that Act No. 3326 aspect representing the People.
applies to offenses under B.P. Blg. 22. An offense under B.P. Blg. 22 merits - The people are deemed the real parties in interest in the criminal case and,
the penalty of imprisonment of not less than thirty (30) days but not more therefore, only the OSG can represent them in criminal proceedings pending
than one (1) year or by a fine xxx. in the CA or in this Court.
- In SEC v. Interport Resources Corporation, - The private complainant or the offended party may, however, file an appeal
- Even the filing of the complaint in the Office of the Ombudsman effectively without the intervention of the OSG but only insofar as the civil liability of the
interrupts the running of the prescriptive period. accused is concerned.
- In Disini v. Sandiganbayan, irrespective of whether the offense charged is - In criminal cases, the Solicitor General is regarded as the appellate counsel
punishable by the Revised Penal Code or by a special law, it is the filing of of the People of the Philippines.
the complaint or information on the office of the public prosecutor for - General Rule: The Solicitor General is solely vested with the authority to
purposes of preliminary investigation that interrupts the period of prescription. represent the people in the Court of Appeals or in the Supreme Court.
- The running of the prescriptive period id interrupted with the filing of the - Exception: In “all cases elevated to the Sandiganbayan and from the
action even if the court which the action was first filed is without jurisdiction. Sandiganbayan to the Supreme Court, the Office of the Ombudsman,
through its special prosecutor, shall represent the People of the Philippines,
 Prosecution of the Criminal Action except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14A,
- A criminal action is prosecuted under the direction and control of the public issued in 1986”. (People v. Sandiganbayan, First and Third Divisions, 712
prosecutor. This general rule applies to a criminal action commenced either SCRA 359, 403)
by a complaint or information. - Where the offense is a violation of a special law, the same shall be
- The public prosecutor, in the exercise of his functions, has the power and prosecuted pursuant to the provisions of said law. (Sec. 5, Rule 110)
discretion to: - The prosecution of special laws does not detract from the public prosecutor
1. Determine whether a prima facie case exists; having control and supervision over the case. (Bureau of Customs v.
2. Decide which of the conflicting testimonies should be believed free Sherman, 648 SCRA 809, 814)
from the interference or control of the offended party; and - A private prosecutor may prosecute the criminal action up to the end of the
3. Subject only to the right against self-incrimination, determine which trial, even in the absence of the public prosecutor, if he is authorized to do so
witnesses to present in court. (Chua v. Padillo) in writing. The written authorization shall be given by either the Chief of the
- Not even the Supreme Court can order the prosecution of a person against Prosecution Office of the Regional State Prosecutor. The written
whom the prosecutor does not find sufficient evidence to support at least a authorization in order to be given effect must be approved by the court.
prima facie case. The only possible exception to the rule is when there is an

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- The private prosecutor shall continue to prosecute the case up to the end of commenced in court even by the filing of an information by the public
the trial even in the absence of a public prosecutor, unless the authority is prosecutor.
revoked or otherwise withdrawn.  The Complaint and Information
- Complaint – a sworn written statement charging a person with an offense,
 Intervention of the Offended Party in the Prosecution of the Criminal Action subscribed by the offended party, any peace officer, or other public officer,
- “Every person criminally liable for a felony is also civilly liable.” (Art. 100, charged with the enforcement of the law violated. (Sec. 3, Rule 110)
RPC) Thus, a person convicted of a crime is both criminally and civilly liable. - A complainant’s role is limited to that of a witness for the prosecution.
- The civil liability for a crime includes restitution, reparation of damage - Information – an accusation in writing charging a person with an offense
caused, and indemnification for consequential damages. (Art. 104, RPC) subscribed by the prosecutor and filed with the court. (Sec. 4, Rule 110)
- The appointment of a private prosecutor is done by the offended party and is - A complaint and an information is filed in the name of the People of the
the mode by which he intervenes in the prosecution of the offense. Philippines and against all persons who appear to be responsible for the
- The intervention is only allowed where the civil action for recovery of the civil offense involved. (Sec. 2, Rule 110)
liability arising from the offense charged is instituted in the criminal action - Jeopardy does not attach where an accused pleads guilty to a defective
pursuant to Rule 111. indictment.
- The offended party may not intervene in the prosecution of the offense - A valid information signed by the competent officer, confers jurisdiction on
through a private prosecutor if the offended party: the court over the person of the accused and the subject matter of the
a. waives the civil action; accusation.
b. reserves the right to institute it separately; or - A complaint or information is deemed sufficient if it contains the following:
c. institutes the civil action prior to the criminal action. a. name of the accused;
 Prosecution of “Private Crimes” b. designation of the offense given by the statute;
- The crime of adultery and concubinage shall not be prosecuted except upon c. acts or omissions complained of as constituting the
a complaint filed by the offended spouse. offense;
- The action cannot be instituted against one party alone. It must be instituted d. name of the offended party;
against both guilty parties unless one of them is no longer alive. (Sec. 5, Rule e. approximate date of the commission of the offense; and
110) f. place where the offense was committed. (Sec. 6, Rule
- The offenses of seduction, abduction and acts of lasciviousness shall not be 110)
prosecuted except upon a complaint filed by the offended party or her - The test to determine the sufficiency of the complaint or information is
parents, grandparents or guardian, nor, in any case, if the offender has been whether the crime is described in intelligible terms with such particularity as
expressly pardoned by any of them. (Sec. 5, Rule 110) to apprise the accused, with reasonable certainty, of the offense charged to
- If the offended party dies or become incapacitated before she can file the enable the accused to suitably prepare for his defense (Lazarte Jr. v.
complaint, and she has no known parents, grandparents or guardian, the Sandiganbayan) since he is presumed to have no independent knowledge of
State shall initiate the criminal action in her behalf. the facts that constitute the offense. (People v. Cinco)
- In the order of those who may file the complaint, the State is the last and may - An information is fatally defective when it is clear that it does not really
only do so in the absence of the persons mentioned in Sec. 5 of Rule 110: charge an offense or when an essential element of the crime has not been
 Parents sufficiently alleged.
 Grandparents - Objections relating to the form of the complaint or information cannot be
 Guardian made for the first time on appeal. The accused-appellant should move before
 State arraignment either for:
- The offended party, even if a minor, has the right to initiate the prosecution of  a bill of particulars, if he wants to know the exact date of
the offense, independently of her parents, grandparents or guardian except if the commission of the allege offense; or
she is incompetent or incapable of doing so. (Sec. 5, Rule 110)  the quashal of the information,, if it does not conform to
- If the minor fails to initiate the prosecution of the offense, the complaint may the prescribed form.
be filed by the minor’s parents, grandparents or guardian. (Sec. 5, Rule 110)
- The crime of rape was reclassified as a crime against persons pursuant to an
amendment of R.A. 8353. Thus, prosecution for such crime may now be

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If he fails to pursue either remedy, he is deemed to waive his 2. to establish with the same quantum of proof the identity
objections to any formal defect in the information. (People v. of the person or persons responsible therefor. (People v.
Teodoro) Yau)
- Positive identification pertains essentially to proof of identity.
- The failure to object the alleged defect before entering their pleas of not - The two types of positive identification:
guilty amounted to a waiver of the defect in the information. (People v. 1. Direct evidence – a witness may identify a suspect or
Mamaruncas) accused in a criminal case as the perpetrator of the
- An accused is deemed to have waived his right to assail the sufficiency of the crime as an eyewitness to the very act of the
information when he voluntarily entered a plea when arraigned and commission of the crime.
participated in the trial. (Frias v. People) 2. Circumstancial evidence – although a witness may not
- Where the objection is based on lack of jurisdiction over the subject matter, have actually seen the very act of commission of the
the same may be raised or considered motu proprio by the court at any stage crime, he still may be able to positively identify a suspect
of the proceedings or on appeal. (Fukuzume v. People) of accused when the latter is the person or one of the
- The real nature of the criminal charge is determined by the actual recital of persons last seen with the victim immediately before and
the facts in the complaint of information. (People v. Valdez) right after the commission of the crime.
- Every element of the offense must be stated in the information. The - The offended party is the person against whom or against whose property
requirement of alleging the elements of a crime in the information is to inform the offense was committed. (Sec. 12, Rule 110)
the accused of the nature of the accusation against him so as to enable him - If the offended party is a juridical person, it is sufficient to state the name, or
to suitably prepare his defense. The presumption is that the accused has no any name or designation by which it is known or by which it is identified,
independent knowledge of the facts that constitute the offense. (People v. without need of averring that it is a juridical person or that it is organized in
Valdez) accordance with the law. (Sec. 12 [c], Rule 110)
- It is not necessary to state in the complaint or information the precise date - In offenses against property, if the name of the offended party is unknown,
the offense was committed EXCEPT when the date of the commission is a the property must be described with such particularity as to properly identify
material element of the offense. The offense may be alleged to have been the offense charged. (Sec. 12 [a], Rule 110)
committed on a date as near as possible to the actual date of its commission. - In offenses against property, if the subject matter is:
- Sec. 7, Rule 110 establishes the following rules in designating the name of 1. generic and not identifiable, an error in the designation
the accused: of the offended party is fatal and would result in the
a. The complaint or information must state the name and acquittal of the accused.
surname of the accused, or any appellation or nickname 2. specific and identifiable, an error in the designation of
by which he has been or is known. the offended party is immaterial. (Senador v. People)
b. If his name cannot be ascertained, he must be described - In designating the offense, the following rules must be observed:
under a fictitious name. A description of the accused a. The name given to the offense by statute shall be stated
under a fictitious name must be accompanied by a in the complaint or information.
statement that his true name is unknown.
c. If, later, his true name is disclosed by him or becomes If the statute gives no designation, then reference shall
known in some other manner, his true name shall be be made to the section or subsection punishing it. (Sec.
inserted in the complaint or information and in the 8, Rule 110)
records of the case. b. To be included in the complete designation is an
- The first duty of the prosecution is to prove the identity of the accused for averment of the acts or omissions constituting the
there can be no conviction without proof of identity of the criminal beyond offense. (Sec. 12 [c], Rule 110)
reasonable doubt. (People v. Espera) c. It shall specify the qualifying and aggravating
- In every criminal case, the task of the prosecution is always twofold: circumstances of the offense. (Sec. 12 [c], Rule 110)
1. to prove beyond reasonable doubt the commission of the - The character of the crime is determined neither by the caption or the
crime charged; and preamble of the information nor by the specification of the provision of law
alleged to have been violated, they being conclusions of law, but by the
recital of the ultimate facts and circumstances in the information.
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- Every information must state the qualifying and the aggravating  when a single act constitutes 2 or more
circumstances attending the commission of the crime. grave or less grave felonies
- An accused cannot be liable for an offense graver that that of which he was 2. Complex Crime Proper
indicted. It would be a denial of the right of the accused to be informed of the  when an offense is necessary for committing
charges against him, and consequently, a denial of due process. the other
- The acts and omissions complained of must be alleged in such form as is 3. Composite Crime
sufficient to enable a person of common understanding to know what offense  in substance, made up of two (2) or more
is intended to be charged and enable the court to know the proper judgment. crimes but in the eyes of the law only one (1)
The information must allege clearly the elements of the crime. The purpose crime is committed.
of which is to inform the accused of the nature of the accusation against him  ex. robbery with homicide, rape with homicide
so as to enable him to prepare for his defense.  if homicide has no relation with the robbery,
- It is sufficient for the complaint or information to use ordinary and concise like an afterthought, two (2) separate
language sufficient to enable a person of common understanding to know the information must be filed
following: 4. Continued Crimes/Delito Continuado
a. the offense being charged;  a series of acts arising from one (1) criminal
b. the acts or omissions complained of as constituting the impulse
offense; and - Duplicity of the offense is a ground for a motion to quash. Should the
c. the qualifying and aggravating circumstances. information be defective because of the duplicity, an objection must be timely
- Duplicity presupposes that there is a joinder of distinct offenses in one interposed by the accused before trial; otherwise, he is deemed to have
information or complaint. waived said defect.
- General rule: a complaint or information must charge only one offense. This  Venue of Criminal Actions
rule prohibits duplicity (or multifariousness) of offenses in a single complaint - As a rule, criminal actions shall be instituted and tried in the court of the
or information. This means that a single complaint or information must municipality or territory:
charge only one offense. More than one offense may be charged under one a. where the offense was committed; or
complaint or information when the law prescribes a single punishment for b. where any of its essential ingredients occurred. (Sec. 15
various offenses. [a], Rule 110)
- Where a single act violates two or more entirely distinct and unrelated - A court cannot exercise jurisdiction over a person charged with an offense
provisions of law, the prosecution of the accused for more than one offense committed outside its limited jurisdiction. Venus in criminal cases is a
in separate informations is justified. (Loney v. People) jurisdictional matter as it is an element of jurisdiction.
- The rationale behind the prohibition of duplicitous complaints or information - The Rule requires that the complaint or information, to be deemed sufficient,
is to give the accused the necessary knowledge of the charge against him should state the place where the offense was committed.
and enable him to sufficiently prepare for his defense. (People v. Court of - The principle is to ensure that the defendant is not compelled to move tom
Appeals) and appear in, a different court from that of the province where the crime was
- Exception to the rule on duplicity: A complaint or information may contain two committed as it would cause him great inconvenience in looking for his
or more offenses when the law prescribes a single punishment for various witnesses and other evidence in another place xxx (Treñas v. People)
offenses as in complex and compound crimes treated under Art. 48 of the - Venue is an essential element of jurisdiction in criminal cases. Its two-
RPC. This provision imposes a single penalty when a single act constitutes fold reason:
two or more grave or less grave felonies. A single penalty is also provided 1. Jurisdiction of trial courts is limited to well-defined
under the same provision when an offense is a necessary means to commit territories, trial court can only hear and try cases
the other. The imposable penalty shall be that which corresponds to the involving crimes committed within its territorial
graver offense. jurisdiction; and
- A single penalty is also imposable in the case of special complex crime. An 2. Necessity and justice of having an accused on trial in the
information for rape with homicide is therefore not duplicitous. municipality or province where witnesses and other
- Exceptions to the Rule on Duplicity: facilities for his defense are available.
1. Compound Crimes - It is not enough to allege in the complaint or information the place of the
commission of the crime. Such place must also be proven during the trial.
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- In civil cases, where the complaint is filed in the wrong venue, the ground for 4. Where the offense is committed on board a vessel in the
motion to dismiss would be that “the venue is improperly laid” course of its voyage, the criminal action shall be
- In criminal cases, where the complaint is filed in the wrong venue, the ground instituted and tried not necessarily in the place of the
for motion to quash would be that “the court trying the case has no commission of the crime. It may be instituted and tried in
jurisdiction over the offense charged”. In criminal cases, improper venue the court of the first port of entry, or in the court of the
means lack of jurisdiction. municipality or territory where the vessel passed during
- Exceptions to venue in criminal cases: the voyage.
1. Where the offense was committed under the 5. Where the case is cognizable by the Sandiganbayan,
circumstances enumerated in Art. 2 of the RPC, the the criminal action need not be filed and tried in the
offense is cognizable before Philippine courts even if place where the act as committed but generally, where
committed outside the territory of the Philippines. In this the court actually sits in Quezon City.
case, the offense shall be cognizable by the court where 6. Where the offense is written defamation, the criminal
the criminal action is first filed. action need not be necessarily be filed in the RTC of the
province or city where the alleged libellous article was
Art. 2. Application of its provisions. — Except as printed and first published. It may be filed in the province
provided in the treaties and laws of preferential or city where the offended party held office at the time of
application, the provisions of this Code shall be enforced the commission of the offense if he is a public officer, or
not only within the Philippine Archipelago, including its in the province or city where he actually resided at the
atmosphere, its interior waters and maritime zone, but time of the commission of the offense in case the
also outside of its jurisdiction, against those who: offended party is a private individual.
a. Should commit an offense while on a
Philippine ship or airship; - In United States vs. Bull (15 Phil., 7), this court held:
b. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
. . . No court of the Philippine Islands had jurisdiction over an
obligations and securities issued by the offense or crime committed on the high seas or within the territorial
Government of the Philippine Islands; waters of any other country, but when she came within three miles
c. Should be liable for acts connected with the of a line drawn from the headlands, which embrace the entrance to
introduction into these islands of the Manila Bay, she was within territorial waters, and a new set of
obligations and securities mentioned in the principles became applicable. (Wheaton, International Law [Dana
presiding number; ed.], p. 255, note 105; Bonfils, Le Droit Int., secs. 490 et seq.;
Latour, La Mer Ter., ch. 1.) The ship and her crew were then
d. While being public officers or employees,
subject to the jurisdiction of the territorial sovereign subject to such
should commit an offense in the exercise of limitations as have been conceded by that sovereignty through the
their functions; or proper political agency. . . .
e. Should commit any of the crimes against
national security and the law of nations,
- High seas - any waters on the sea coast which are without the boundaries of
defined in Title One of Book Two of this Code.
the low
2. Where the Supreme Court, pursuant to its constitutional
water mark although such waters may be in the jurisdictional limits of a
powers, orders a change of venue or place of trial to
foreign
avoid miscarriage of justice.
government; parts of the sea that are not included in the exclusive economic
3. Where the offense is committed in a train, aircraft. or
zone, in
other private or public vehicle in the course of its trip, the
the territorial seas, or in the internal waters of a state, or in the archipelagic
criminal action shall be instituted and tried in the court of
waters of an archipelagic state (United Nations Convention on the Law of the
any municipality of territory where said train, aircraft or
Sea).
vehicle passed during its trip. It may also be instituted
and tried in the place of departure and arrival.

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- Jurisdiction over crimes committed on board foreign vessels while b. the amendment excludes any accused from the
in Philippine waters: complaint or information (Sec. 14, Rule 110)
a. If the foreign vessel is a warship, our courts have no
jurisdiction as such is an extension of the country to What is LEAVE OF COURT? Permission obtained from a court to take some
which it belongs and is not subject to the laws of action which, without such permission, would not be allowable; as, to sue a
another state. (US v. Fowler, 1 Phil. 614)
receiver, to file an amended pleading, to plead several pleas.
- If the amendment is made after the accused enters his plea, a formal or
b. If the foreign vessel is a merchant vessel, there are two substantial amendment of the complaint or information may be made without
rules as to jurisdiction, namely: (1) French rule is that leave of court. After the entry of plea, only a formal amendment may be
crimes committed on board are not triable in our country made but with leave of court and if it does not prejudice the rights of the
unless those affect the peace and security of our accused. After arraignment, a substantial amendment is proscribed except if
country, and (2) English rule is that crimes are triable the same is beneficial to the accused. (Ricarze v. Court of Appeals)
unless such crimes affect merely the internal - Types of Amendment:
management of the vessel. The English rule is followed
1. Formal
in our jurisdiction.
 does not change the nature of the crime
alleged
- For the crime of perjury, the making of a deliberate and intentional falsehood  does not affect the essence of the offense
before a notary public in Makati City, the information has sufficiently alleged  does not cause surprise or deprive the
that all the elements of the offense were committed in Makati City, hence, it accused of an opportunity meet the new
is the proper venue of the case. averment (allegation)
- A criminal case in violation of B.P. 22 may be filed in any of the places where 2. Substantial
any of its elements occurred. In particular, the place where the checks is: - Test to determine when the rights of the accused are prejudiced by the
a. drawn; amendment of a complaint or information is, when a defense of the accused,
b. issued; under the original complaint or information, would no longer be available after
c. delivered; or the amendment is made, and when any evidence the accused might have
d. dishonoured (Yalong v. People) would be inapplicable to the complaint or information, as amended.
- Estafa by postdating or issuing a bad check, may be a transitory or - The following are held to be formal amendments:
continuing offense. Its basic elements if deceit and damage may arise 1. new allegations which relate only to the range of the
independently in separate places. penalty that the court might impose in the event of
- Theft is not a continuing offense. conviction;
- The description of the place of the commission of the offense must be 2. amendment which does not charge another offenses
specific. different or distinct from that charged in the original one;
 Amendment or Substitution of the Complaint or Information 3. additional allegations which do not alter the
- Amendment – the correction of an error or omission in a complaint or prosecution’s theory of the case so as to surprise to the
information accused
- If amendment is made before the accused enters his plea, the complaint or
information may be amended in form or in substance, without the need for
leave of court. (Sec. 14, Rule 110)
- Where the accused has not yet been arraigned, the RTC was correct in
directing the amendment of the information. (Dabalos v. RTC)
- Leave of court is required even if the amendment is made before plea in the
following instances:
a. the amendment downgrades the nature of the
offense; or

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