CRIMINAL PROCEDURE ALIT NOTES XPN: when the statute expressly provides, or is municipal trial courts have no jurisdiction
is municipal trial courts have no jurisdiction over those
Albano
Riano
RULE 110: PROSECUTION OF OFFENSES
Rules of Criminal procedure = liberally construed in order to
promote their objective of securing a just, speedy and
inexpensive disposition of criminal actions.
Criminal action – one by which the State prosecutes a
person for an act or omission punishable by law; governed
by Criminal Procedure; where rules of criminal procedure
are silent, rules of civil procedure apply.
Requirements of due process:
 Court or tribunal clothed with judicial authority to
hear and determine the matter before it;
 Jurisdiction, lawfully acquired over the person of
the defendant or property which is the subject of
the proceeding
 Opportunity to be heard given to the defendant
 Judgment rendered upon lawful hearing
Criminal jurisdiction – authority of the court to hear and try
a particular offense and to impose the punishment
provided by law
Two inquiries:
1. Whether the court has jurisdiction over
the offense by virtue of the imposable
penalty and its nature
- Jurisdiction determined by the
extent of the penalty which the
law imposes, on the basis of the
facts as recited in the complaint or
information
- Jurisdiction retained even if the
evidence proves a lesser offense
GR: jurisdiction of a court to try criminal action is to be
determined by the law at the time of the institution of the
action.
construed that it is intended to operate to actions pending
before its enactment.
2. Whether the action has been filed
within the territorial jurisdiction of the
court
- Refers to venue or the place
where the case is to be tried.
Venue is jurisdictional; action be
instituted and tried in the
municipality or territory where the
offense has been committed or
where any one of the essential
ingredients thereof took place.
Jurisdiction is determined by the allegations of the
complaint or information, and not by the finding the court
may make after the trial.
Estoppel and laches to deny jurisdiction
GR: question of jurisdiction may be raised at any stage of
the proceedings.
XPN: it may not be raised for the first time on
appeal, where there has been estoppel and laches on the
party who raises the question.
Jurisdiction of MTCs
GR: MeTC, MTC and MCTC shall exercise:
1) Exclusive original jurisdiction over all violations of
city of municipal ordinances committed within
their respective territorial jurisdiction;
2) Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six
years irrespective of the amount of fine, and
regardless of other imposable accessory or other
penalties, including the civil liability arising from
such offenses or predicated thereon, irrespective
of kind, nature, value or amount thereof.
Provided, however, that in offenses involving
damage to property through criminal negligence,
they shall have exclusive jurisdiction thereof.
XPN: cases falling within the exclusive original
jurisdiction of RTC and of the Sandiganbayan (the
cases which by provision of special law are made
triable by the RTC or the Sandiganbayan, by virtue of
the excepting clause “except in cases falling within the
exclusive original jurisdiction of RTC and of the
Sandiganbayan”).
- ex. Election offenses libel, written
defamation, Dangerous Drugs –
vested upon RTC the jurisdiction
GR: municipal trial court has jurisdiction over all offenses,
the maximum penalty of which as provided by law does not
exceed six years. All other offenses whose penalty is at
least six years and one day fall within the jurisdiction of
either the RTC or the Sandiganbayan.
When the law imposes only a fine for its violation, SC
Circular no. 09-94:
 BP 129 fixed the original exclusive jurisdiction of
the MeTC, MTC, and MCTC over offenses
punishable with a fine of not more than 4,000.
 If the amount of fine exceeds 4,000 the RTC shall
have jurisdiction, including offenses committed
by public officers and employees in relation to
their office, where the amount of the fine does
not exceed 6,000.
 Accessory penalties and civil liabilities are no
longer determinative of jurisdiction.
Laws expressly vesting jurisdiction to a particular court are
special in character, and should prevail over the Judiciary
Act defining the jurisdiction of other courts, which is a
general law.
Jurisdiction of RTCs
GR: (Section 20, BP 129) RTCs shall exercise exclusive
original jurisdiction in all criminal cases not within the
exclusive jurisdiction of any court, tribunal or body.
XPN: cases falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan which shall
hereafter be exclusively taken cognizance of by the latter.
Note: offenses specifically conferred upon RTC by special
laws, even though the penalty is less than six years, are
included.
RTC also has appellate jurisdiction over cases decided by
the municipal trial courts. It also has jurisdiction to annul
judgment or final order of a municipal trial court.
Jurisdiction of Sandiganbayan
(see Sec. 4, RA 8249, as amended PD 1606)
Exclusive jurisdiction of Sandiganbayan
Offenses committed by one or more accused who are
public officials enumerated in Sec. (a), Sec 4 of PD 1606 as
amended by RA 8249, above specified, or those public
officials classified as Grade 27 or higher, said offenses being
the following:
1) Violations of RA 3019 (Anti-Graft and Corrupt
Practices Act;
2) RA 1379 (Act Declaring Forfeiture in Favor of the
State any Property Found to have been
Unlawfully Acquired by Public Officer or
Employee)
3) Bribery, indirect bribery, and corruption of public
officials
Note: “all other national and local officials classified as
Grade 27” – all embracing description; if a public official is
not one of those specifically enumerated, the question as
to whether he belongs to grade 27 or higher should be
inquired from the DBM.
Offenses committed in relation to public office
Offenses or felonies, simple or complexed with other
crimes, committed by the public officials and employees in
relation to their office also fall under the exclusive
jurisdiction of Sandiganbayan.
Requisites that must concur to bring the offense within the
exclusive original jurisdiction of Sandiganbayan are:
1) The accused is any one of the public officials or
employees enumerated is subsec. (a) of Sec 4, RA
8249, or those classified as Grade 27 and higher;
2) Accused commits any other offense, than those
specified in subsec. (a) whether simple or
complexed with other crimes; and
3) The offender commits such other offense in
relation to his office.
If the last element is not alleged in the information, the
crime falls within the exclusive original jurisdiction of
ordinary courts.
 The offense is committed in relation to the office
if the offense is intimately connected with the
office of the offender and perpetuated while he
was in the performance of his official functions.
CHAPTER 2: PROSECUTION OF OFFENSES (RULE 110)
I. INSTITUTION OF CRIMINAL ACTIONS
Purpose of criminal action – to determine the penal liability
of the accused for having outraged the state with his crime
and to punish him for it
 Parties: People of the Ph and the accused;
offended merely a witness for the state
How criminal actions are instituted
1) Depends upon WON the offense is one which
requires a preliminary investigation
a. If yes, file the complaint with the
proper officer for the purpose of
conducting the preliminary
investigation
2) If preliminary investigation not required; two
ways:
a. File the complaint or information
directly with the MTC and MCTC; or
b. File complaint with the office of the
prosecutor
Institution of criminal actions in Manila and other chartered
cities
Special rule: “the complaint shall be filed with the office of
the prosecutor unless otherwise provided in their charters”
No direct filing in the RTC and MTC of Manila and other
chartered cities
 No direct filing with the RTC because its
jurisdiction covers offenses which require
preliminary investigation
o Prelim investigation to be conducted
for offenses where the penalty is at
least 4 years, 2 months and 1 day.
o RTC has jurisdiction over an offense
with a penalty of more than 6 years,
way above the minimum penalty for an
offense that requires prelim inv.
o MTC – exclusive jurisdiction over
offenses with imprisonment of not
exceeding 6 years.
 No direct filing with the MTC of Manila because
the complaint shall be filed with the office of the
prosecutor, unless otherwise provided by their
charters.
 In case of conflict between a city charter and
RoC, the former shall prevail (substantive law)
Effect of the institution of the criminal action on the
prescriptive period
GR: the filing of the complaint with the proper officer
would interrupt the period of prescription
XPN: when a different rule is provided for in
special laws
For offenses where a prelim investigation is not required:
filing of the information or complaint directly with the
MTCs and MCTCs, or with the office of the prosecutor, shall
interrupt the period of prescription.
In Manila and other chartered cities: filing of the complaint
with the office of the prosecutor shall interrupt the period
of prescription
True doctrine: The filing of the complaint in the Municipal
Court, even if it be merely for purposes of preliminary
examination or investigation, should, and does interrupt the
period of prescription of the criminal responsibility, even if
the court where the complaint or information is filed cannot
try the case on its merits.
Rule on prescription for violations of special laws and
municipal ordinances
 The period of prescription shall be suspended
“when proceedings are instituted against the
guilty person”, the proceedings referred to are
judicial proceedings, not administrative
proceedings (RA 3326; Zaldivia case)
o Old case
o
Sanrio Company Limited v. Lim
Prescriptive period for the prosecution of the alleged
violation of the IPC was tolled by petitioner’s timely filing of
the complaint-affidavit before the TAPP of the DOJ, which is
not a court
Panaguiton, Jr. v. DOJ
Filing of complaint before the office of the city prosecutor
signified the commencement of the proceedings for the
prosecution of the accused and thus, effectively
interrupted the prescriptive period for the offenses
(violation of BP22)
SEC v. Interport Resources Corporation
Filing of a complaint for purposes of preliminary
investigation interrupts the period of prescription of
criminal responsibility.
 Preliminary investigation interrupts the
prescription period.
Doctrine of primary jurisdiction – courts will not determine
a controversy involving a question within the jurisdiction of
the administrative tribunal, where the question demands
the exercise of sound administrative discretion requiring
the specialized knowledge and expertise of said
administrative tribunal to determine technical and intricate
matters of fact.
- Ex. SEC has jurisdiction over violations of Revised
Securities Act
In all cases mentioned, which involve violations of special
laws, the court ruled that the filing of the affidavit of
complaint for preliminary investigation interrupted the
running of the prescriptive period.
II. PROSECUTION OF THE CRIMINAL ACTION
Who must prosecute the criminal action; who controls the
prosecution?
GR: a criminal action is prosecuted under the direction and
control of the public prosecutor
- Even if there is a private prosecutor, the criminal
action is still prosecuted under the direction and
control of the public prosecutor.
- Since an offense is an outrage against the State, it
follows that a representative of the State shall
direct and control the prosecution thereof.
Appearance of a private prosecutor
Intervention by the offended party through appointment of
a private prosecutor is only allowed where the civil action
for the recovery of the civil liability is instituted in the
criminal action.
Offended party may intervene if:
1) He waives the civil action
2) He reserves the right to institute it separately;
3) Instituted the civil action prior to the criminal
action
Consequences of the rule that a criminal action is
prosecuted under the direction and control of the public
prosecutor
Public prosecutor has the power and discretion to:
1) Determine whether a prima facie case exists
2) Decide which of the conflicting testimonies
should be believed free from the interference or
control of the offended party; and
3) Subject only to the right against self-
incrimination; determine which witnesses to
present in court.
4) Turn over the actual prosecution of the criminal
case to the private prosecutor, in the exercise of
his discretion, but he may at any time take over
the actual conduct of the trial
5) Determine who should be utilized as state
witness
6) Conduct its own case and to decide what
witnesses to call to support its charges
7) GR: SC cannot order the prosecution of a person
against whom the prosecutor does not find
sufficient evidence to support a case; XPN:
showing of grave abuse of discretion on the part
of the prosecutor
8) "Respondent's intention to uphold the right of
the accused to a speedy disposition of the case,
no matter how noble it may be, cannot justify a
breach of the Rules. If the accused is entitled to
due process, so is the State."
Prosecution of a criminal action in the Municipal Trial Court
or Municipal Circuit Trial Court
Under the direction and control of the prosecutor. If not
available, the action may be prosecuted by (a) the offended
party, (b) any peace officer, (c) or public officer charged
with the enforcement of the law violated.
Prosecution for violation of special laws
- Shall be prosecuted pursuant to the provisions of
said law
III. INTERVENTION OF THE OFFENDED PARTY IN THE
PROSECUTION OF THE CRIMINAL ACTION
Intervention of the offended party
Civil liability – restitution, reparation of the damage caused
and indemnification for consequential damages
It is because of the existence of a civil liability involved in a
crime, that the offended party is allowed to interene in the
prosecution of the offense.
Sec. 16, Rule 110 – for the offended party to acquire the
right to intervene in the prosecution of the offense, it is
necessary that the civil action for the recovery of the civil
liability be instituted with the criminal action.
- If civil liability has been waived or reserved or has
already been instituted, the presence of a private
prosecutor in the criminal action may be objected
to by the prosecution; no basis for the
intervention of the offended party through his
counsel or private prosecutor.
Cases where the criminal action gives rise to an independent
civil action or when the act also constitutes a quasi-delict –
give rise to distinct civil liabilities
- Filing of a suit during the pendency of the
criminal proceeding should not prevent the
intervention by the offended party in the
prosecution of the offense because there still
 exists a civil liability under which would be the
basis for the intervention.
- Civil liability arising from a quasi-delict is entirely
separate and distinct from the civil liability arising
from negligence
o Do not arise from crimes, have distinct
sources from the law or the civil code;
not covered by RPC
When a private prosecutor may prosecute a case even in the
absence of the public prosecutor
He may if he is authorized to do so in writing; written
authorization shall be given by either the Chief of the
Prosecution Office or Regional State Prosecutor; must be
approved by the court.
Possible reasons for the granting of written authorization
to private prosecutor:
1) The public prosecutor has a heavy work schedule
2) There is a lack of public prosecutors
Extent of the authority given to the private prosecutor when
duly authorized to prosecute the action
Shall continue to prosecute the case up to the end of the
trial even in the absence of a public prosecutor, unless the
authority is revoked or otherwise withdrawn
IV. PROSECUTION OF PRIVATE CRIMES
 Prosecution of adultery and concubinage
Prosecutor cannot prosecute the case where no
complaint is filed by the offended spouse; must be
instituted against BOTH guilty parties, unless one of
them is already dead.
- Pardon and consent given, express or implied –
cannot be prosecuted
 Prosecution of seduction, abduction and acts of
lasciviousness
Cannot be prosecuted except upon a complaint filed
by the offended party, or her parents, grandparents or
guardian, nor if the offender has been expressly
pardoned by any of them.
If the offended dies and she has no known parents,
grandparents or guardian, the State shall initiate the
criminal action in her behalf.
Minor has the right to initiate the prosecution
independently, except if she is incompetent or
incapable of doing so.
Effect of RA 7610 (special protection of children against
child abuse, exploitation and discrimination act)
Complaints on cases mentioned in the law committed
against children may be filed by the following:
1) Offended party
2) Parents or guardians
3) Ascendant or collateral relative within the third
degree of consanguinity;
4) Officer or social worker of the DSWD
5) Barangay chairman
6) At least 3 concerned, responsible citizens where
the violation occurred
 Prosecution of defamation
Defamation under Sec. 5, Rule 110, consists in the
imputation of the offenses of adultery, concubinage,
seduction, abduction and acts of lasciviousness
Only the offended party can initiate the criminal action
V. THE COMPLAINT AND INFORMATION
Complaint – sworn statement charging a person with an
offense, subscribed by the offended party, any peace
officer, or other public officer, charged with the
enforcement of the law violated.
- Must be sworn and writted
In whose name and against whom filed
 Filed in the name of the People of the Philippines
and is filed against all persons who appear to be
responsible for the offense involved.
 Private offended parties – only witnesses for the
prosecution; cannot appeal the dismissal of a
criminal case or the acquittal of an accused
because the aggrieved party is the People of the
Philippines.
o He may appeal the civil aspect of the
case and may file a special civil action
for certiorari questioning the
decision/action of the court on
jurisdictional grounds; in that case, the
offended party may prosecute in his
own personal capacity
o Dismissal made by the RTC of the
criminal case can only be appealed by
the OSG; private offended can’t;
Information – accusation in writing charging a person with
an offense subscribed by the prosecutor and filed with the
court.
- Not required to be sworn, unlike a complaint;
only a prosecutor is authorized to subscribe to
the information
Complaint vs. Information
Complaint – must be sworn under oath; “sworn written
statement”
Information – requires no oath; only requires that it be an
accusation in writing; reason: the prosecutor filing the
information is acting under the oath of his office.
Infirmity of signature in the information
It is a valid information signed by a competent officer which
confers jurisdiction on the court over the person of the
accused and the subject matter of the accusation.
An infirmity in the information, such as lack of authority of
the officer signing it, cannot be cured by silence,
acquiescence, or even by express consent.
Sufficiency of the complaint or information
Complete if the information or complaint contains the
following:
1) The name of the accused; all of which shall be
included in the complaint if committed by more
than one person
2) Designation of the offense given by the statute
3) Acts or omissions complained of as constituting
the offense
4) Name of the offended party
 5) Approximate date of the commission of the
offense
6) Place where the offense was committed.
Test for sufficiency of the complaint or information
Whether the crime is described in intelligible terms with
such particularity as to apprise the accused, with
reasonable certainty, of the offense charged because the
purpose of the requirement for the information’s validity
and sufficiency is to enable the accused to suitably prepare
for his defense, since he is presumed to have no
independent knowledge of the facts that constitute the
offense.
Questioning the insufficiency of the complaint or
information
Right to question is not absolute; an accused is deemed to
have waived his right if he fails to object upon his
arraignment or during trial.
Evidence presented during trial can cure the defect in the
information.
An accused is deemed to have waived his right to assail the
sufficiency of the information when he voluntarily entered
a plea when arraigned and participated in the trial.
Objections as to form
- Cannot be made for the first time on appeal
- Accused-appellant should have moved before
arraignment either for a bill of particulars or for
the quashal of the information.
- If not, he is deemed to have waived his objections
to any formal defect in the information
Date of the commission of the offense
GR: it is not necessary to state in the complaint or
information the precise date of the offense was committed
XPN: when the date of commission is a material
element of the offense
Ex. In rape cases, exact date of the commission of the crime
is not material
Determination of the nature and character of the crime
The character of the crime is determined by the recital of
the ultimate facts and circumstances in the information, not
by caption, etc.
Even if the designation of the crime in the information is
defective, what is controlling is THE ALLEGATION OF THE
FACTS IN THE INFORMATION that comprises a crime and
describes the nature and cause of the accusation.
How to state the name of the accused
Sec. 7, rule 110:
1) Information must state the name and surname of
the accused or any appellation or nickname by
which he has been or is known
2) If name cannot be ascertained, he must be
described under a fictitious name accompanied
by a statement that his true name is unknown
3) If he becomes known, his true name shall be
inserted in the complaint or information and in
the records of the case.
mistake in the name of the accused is not equivalent to a
mistake in the identity, especially when sufficient evidence
is adduced to show that the accused is pointed to as one of
the perpetrators of the crime.
How to state the name of the effended party who is a
natural person
Name and surname or any appellation or nickname by
which such person has been or is known; if unknown, he
must be described under a fictitious name; if becomes
known, the court must cause such true name to be
inserted.
How to state the name of the offended party which is a
juridical person
Sufficient to state its name or any name or designation by
which it is known or by which it may be identified, without
need of averring that it is a juridical person or that it is
organized in accordance with law.
Rule if the name of the offended party is unknown in
offenses against property
The property must be described with such particularity as
to properly identify the offense charged.
Designation of the offense
It is the allegations in the information that determine the
nature of the offense, not the technical name given by the
public prosecutor in the preamble of the information.
Real question: did he perform the acts alleged in the body
of the information in the manner therein set forth, not if he
committed a crime given in the law some technical and
specific name
No need for a detailed description, it is enough that the
offense be described with sufficient particularity to make
sure the accused fully understands what he is being charged
with.
Rules in designating the offense:
1) Name given to the offense by statute must be
stated in the complaint or information
a. If no designation, reference must
instead be made to the section or
subsection punishing it
2) Include in complete designation of the offense is
an averment of the acts or omissions constituting
the offense
3) Must specify the qualifying and aggravating
circumstances of the offense
Effect of failure to designate the offense by the statute or
failure to mention the provision violated
Failure to designate the offense by the statute or to
mention the specific provision or an erroneous
specification of the law violated does not vitiate the
information if the facts alleged clearly recite the facts
constituting the crime charged.
Effect of failure to specify the correct crime
- Will not bar conviction of the accused; the crime
committed is determined by the recital of
 ultimate facts and circumstances in the complaint
or information
Statement of qualifying and aggravating circumstances
every information must state the qualifying and the
aggravating circumstances attending the commission of the
crime for them to be considered in the imposition of the
penalty.
- Accused cannot be held liable for an offense
graver than that for which he was indicted. It
would be a denial of the right of the accused to
be informed of the charges against him, and a
denial of due process.
- Accused will not be convicted of the offense
proved during the trial if it was not properly
alleged in the information.
- If aggravating circumstance had been proven, but
was not alleged, courts will not award exemplary
damages.
- It is not the use of the words “qualifying” that
raises a crime to a higher category, but the
specific allegation of an attendant circumstance
which adds the essential element raising the
crime to a higher category.
Cause of accusation
Accused’s right to question his conviction based on facts
not alleged in the information cannot be waived.
- To convict him of a ground not alleged while he is
concentrating his defense against the ground
alleged would plainly be unfair and underhanded.
GR: variance between the allegation in the information and
proof adduced during trial shall be fatal to the criminal case
if it is material and prejudicial to the accused so much so
that it affects his substantial rights.
Sec 9, rule 110: in informing the accused of the cause of
accusation against him, it is not necessary to employ the
words used in the statute alleged to have been violated. It
is sufficient for the complaint or information to use
ordinary and concise language sufficient to enable a person
of common understanding to know the following:
1) Offense being charged
2) Acts or omissions complained of as constituting
the offense; and
3) The qualifying and aggravating circumstances
Acts or omissions complained of must be alleged in such
form as is sufficient to enable a person of common
understanding to know what offense is intended to be
charged and enable the court to know the proper
judgment.
- Information must allege clearly and accurately
the elements of the crime charged; what facts
are necessary to be included therein must be
determined by reference to the definition and
elements of the specific crimes.
How to state the date of the commission of the offense
Sec 11 of Rule 110 – it is not necessary to state the precise
date the offense was committed because the offense may
be alleged to have been committed on a date as near as
possible to the actual date of its commission.
XPN: it is necessary to state the precise date the
offense was committed when it is a material ingredient of
the offense
Duplicity of the offense
GR: a complaint or information must charge only one
offense
XPN: more than one offense may be charged
when the law prescribes a single punishment for various
offenses (Sec. 13, rule 110)
An objection must be timely interposed whenever a
complaint or information charges more than one offense.
Failure to do so constitutes waiver. He must object before
trial.
VI. VENUE OF CRIMINAL ACTIONS
GR: criminal action shall be instituted and tried in the court
of the municipality or territory (a) where the offense was
committed, or (b) where any of its essential ingredients
occurred, subject to existing laws.
Written defamation – the criminal action may be filed in the
Court of First Instance (now RTC) or the province or city
where the libelous article is printed and first published.
- If the offended is a private individual, CFI of the
province where he actually resided at the time of
the commission of the offense
- If the offended is a public officer holding office in
Manila at the time of the commission of the
offense, the action may be filed in the CFI (now
RTC) of Manila.
o if he holds office outside Manila, CFI of
the province whre he held office at the
time of the commission of the offense.
Rule where offense is committed in a train, aircraft or
vehicle
Criminal action shall be instituted and tried in the court of
any municipality or territory whre such train, aircraft, or
other vehicle passed during its trip, including the place of
its departure and arrival.
Rule whre offense is committed on board a vessel
Criminal action shall be instituted and tried in (a) the court
of the first port of entry, or (b) of the municipality or
territory where the vessel passed during its voyage.
Rule when the offense is covered by Art. 2 of the Revised
Penal Code
Cognizable by the court where the criminal action is first
filed.
How to state the place of the commission of the offense
Sufficient if it can be understood from the allegations of the
complaint or information that the offense was committed
or some of its essential elements occurred at some place
within the jurisdiction of the court.
VII. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR
INFORMATION
If the amendment is made BEFORE the accused enters his
plea, the complaint or information may be amended if form
or in substance, without the need for leave of court
Leave of court is required even if made before plea if:
1) amendment downgrades the nature of the
offense charged
2) the amendment excludes any accused from the
complaint or information
After arraignment, a SUBSTANTIAL amendment is included in the first information, an amendment of the
proscribed except if the same is beneficial to the accused. information is sufficient
When an amendment is formal or substantial Where the new information charges an offense which is
distinct and different form that initially charged, a
Test as to whether a defendant is prejudiced by the substitution is in order.
amendment:
1) whether a defense under the information as it
originally stood would be available after the
amendment is made
2) whether any evidence defendant might have
would be equally applicable to the information in
the one form as in the other
Substitution of complaint or information
A complaint or information may be substituted if it appears
at any time before judgment that a mistake has been made
in charging the proper offense.

Amendments require a motion by the prosecutor, with
notice to the offended party.
Court is mandated to state its reasons in resolving the
motion of the prosecutor and to furnish all parties,
especially the offended party, of copies of its order.
- A court shall dismiss the original complaint or
information once the new one is filed, provided
the accused will not be placed in double
jeopardy.
Amendment vs. substitution

Rule as to amendment made after the plea of the accused Amendment Substitution
may be made before or may be made before or
If made during trial, any formal amendment may only be after the defendant pleads after the defendant pleads
made under two conditions: may involve either formal or Involves a substantial
substantial changes change from the original
1) leave of court must be secured If before plea, can be Must be with leave of court
2) the amendment does not cause prejudice to the effected without leave of as the original information
rights of the accused court has to be dismissed
If only as to form, there is Another preliminary
phraseology of the rule seems to indicate that an no need for another prelim investigation is entailed and
investigation and retaking the accused has to plead
amendment in substance is not allowed at this stage.
of the plea anew
After the entry of plea, only a FORMAL amendment may be
made but with leave of court and if it does not prejudice
the rights of the accused. Where the second information involves the same offense,
or an offense which necessarily includes or is necessarily