Good Day Sir. Thank you for the lesson. This are what I’ve learned for today’s topic. AMENDMENT- May involve either formal or substantial changes, Amendment before the plea is entered can be effected without leave of court, An amendment as to form will not require another preliminary investigation and retaking of plea of the accused, An amendment 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 amendments to the information after the plea has been taken cannot be made over the objection of the accused, for if the original would be withdrawn the accused could invoke double jeopardy SUBSTITUTION- Involves substantial change from the original charge, It must be with leave of court as the original information has to be dismissed, Substitution of the information entails another preliminary investigation and plea to the new information, Requires or presupposes that the new information involves different offense which does not include or is not necessarily included in the original charge hence the accused cannot claim double jeopardy
Good day, Sir. I am Carl Lester L. Capuno of BS Criminology 3C4.Thankyou for this video these are what I learned from this lesson on how amendment of complaint or information differs from substitution, as well as its rules and exceptions. It says there that: a. Amendment involves formal and substantial changes, substitution must possess only a substantial changes. b. Amendment can be done even without leave of court, substantial requires leave of court for it to be effected. c. Amendment will not require another preliminary investigation when it comes to amending information, substitution requires another
Good day sir thankyoy for the lecture The lesson I've learned in this chapter is The difference between an amendment and a substitution is that an amendment is a formal or significant change, whereas a substitution entails significant alterations. When an accused is prosecuted twice for the same offense, it is known as double jeopardy. I also recognize that the formal revision has no effect on the essence of the unlawful change. It does not necessitate any changes. As long as the adjustment does not surprise the accused in presenting and showing his innocence it will be regarded formal.
Again thank you atty. for sharing your knowledge to us, Sir this is the learning’s that I acquire in this topic are the following; - The distinctions between the amendments and substitutions. Amendment involves of either formal or clerical changes, it can be affected without leave of court before the plea, and it does not require another preliminary investigation or even re taking of plea of the accused. Only valid information is allowed to be amended, and void information does not exist, formal amendments must not create a surprise on the part of the accused in proving his innocence at court. While substitution is the opposition, it involves change from the original charge; in substitution leave court must be determined and the original information must be dismissed, and it entails another preliminary investigation and plea to the new information. The nature of offense or law violated by the accused is being change in substantial information; it must be made upon motion of prosecutor, with notice to the accused and with leave of court. - General rule; The information after arraignment can no longer be amended by the prosecutor as it would prejudice the substantial rights of the accused. Except, when a supervening fact upgrades it into a higher crime. - Venue of Criminal Action Subject to existing law, criminal action shall be instituted and the court trial will be held in municipality or in the place where the offense was committed. - INTERVENTION OF OFFENDED PARTY According to art. 100 of the RPC, there are corresponding civil liability for every crime. According to section 16 of rule 110, The offended party has the right to intervene it counsel in the prosecution of criminal action where the civil action for the recovery of civil liability is instituted in criminal action pursuant to Rule 111, and it is a general rule.
In the previous lesson, you taught us the difference between complaint and information. In this lecture, you have shared with us the distinction between amendment and substitution of it. An amendment involves either formal or clerical change. While in the case of substitution, it will always be in a form of substantial change. Amendment will not require another preliminary investigation and retaking of the plea while substitution does. Note that only those valid information may be amended in a court of law, if it is void then it cannot be amended. Thanks for sharing your knowledge with us, Atty.! SABONG, ROVILYN M. BS. CRIMINOLOGY 3C4
BARWEL, ANGELO V. LSPU-SPCC BS CRIMINOLOGY 3-C3 Thank you so much Attorney Reyes for this video lecture. These are the summarization of what I've learned in this particular video lecture. First is the distinction between the Amendment or Substitution. In cases that there is something to be changed in complaint and information, amendment includes formal change while substitution involves only substantial change. Also, amendment before the plea of the accused can be entered even though there is no leave of court and on the other hand, substitution requires that it must be with leave of court. Another one is that in amendment, there is no need for another preliminary investigation as well as the retaking of the plea of the accused, but in substitution, it is required. In matters subject to amendment, only valid information can be amended. Formal amendment are those that do not affect or alters the nature of the offense charged, as well as not depriving the accused on his rights, and does not involve a change in the basic theory of prosecution. Amendment before the plea excludes any accused from the complaint or information with leave of court, while amendment after the plea and during trial is done with leave of court and without causing prejudice to the rights of the accused. In cases that there is a mistake in charging the proper offense, the court shall dismiss the original complaint and allow substitutions to be made. Criminal actions shall commence and instituted in the place where the crime is committed, but subject for exceptions. The civil liability is always with the criminal action, therefore, the offended party has the right to intervene with it.
Thank you sir. The following is the topic that I've learned today Amendment VS. Substitution Amendment - is can be formal or clerical change, also before the accused enters a plea of guilty or not guilty the prosecution has the right o amend the complaint as a matter of right even without seeking permission from a leave of court. Also, it will entail another preliminary investigation and the accused will have to make another plea. Substitution - it always substantial, also it must always be done with leave of court since the original complaint will have to be withdrawn and another one will be filed in court as a replacement. Formal Amendment 1. the spelling of the name of the accused will not affect the nature of the offense charged. 2. the theory of defense will not be affected by the change in the complaint. 3. it does not involve the basic theory of the prosecution. Substantial Amendment - when an amendment pertains to the allegations of facts constituting the offense. (e,g. if you change the allegation to change the nature of the offense it is what you called essential ingredients of the crime so it was considered a substantial amendment.) Venue on Criminal Actions - class venue in criminal cases is jurisdictional means that the complaint can only be filed in the court where the offense was committed or any of the essential occurred. The intervention of Offended Party - if a criminal complaint is filed in court the civil liability ex delicto from the crime is jointly instituted as that of the criminal action.
Good Day Sir. I am Orense, Gio R. from 3c1. This are what I’ve learned for today’s topic. AMENDMENT OR SUBSTITUTION An amendment of the complaint or information may involve either formal or substantial change. While when a party will substitute the complaint or information it always involve substantial change from the original charge. -Amendment may be formal or clerical change or substantial change whereas a substitution is always substantial. -Amendment before the plea is entered by the accused can be affected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. ( that is what you mean by the leave of court). However, In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. -An amendment as to form will not require another preliminary investigation and retaking of plea of the accused. However if the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter another plea so there will be a re-arraignment. *(In short in case of amendment there is no need for another preliminary investigation but in case of substitution of the complaint or information then another preliminary investigation must be conducted and the accused must be arraigned once more.) -An amended information refers to the same offense charged in the original or to an offense which is necessarily included in the original charge, hence substantial amendments to the information after the plea has been taken cannot be made over the objection of the accused for if the original would be withdrawn the accused could invoke DOUBLE JEOPARDY. -However, in case of substitution it requires that the new information’s involves a different offense which is not included in the original charge, hence the accused cannot claim double jeopardy. -Double Jeopardy means that the accused is prosecuted twice for the same offense. MATTERS SUBJECT TO AMENDMENT -As a rule only valid information can be amended in court. If the information is void or total nullity then you cannot amend it, because only a valid information can be amended. A void information does not exists in legal contemplation and so therefore there is no amendment that it can be affected in a void information. FORMAL AMENDMENT A formal amendment is made when A. It neither affects nor alters the nature of the offense charges. B. Formal amendment can also take place when the charge does not deprived the accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. The charge does not deprive the accused of a fair opportunity to present his defense. C. It does not involve a change in the basic theory of the prosecution. PROCEDURE FOR AMENDMENT -Amendment can be made before plea, both in formal and substantial amendment without leave of court. -Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. When you say before plea without leave of court upon motion by the prosecutors and with notice to the accused. However, after enter his plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of the accused. Amendment in the information which changes the nature of the crime after arraignment. 3 requirements -upon motion by the prosecution -with notice of the accused -with leave of court or permission from the court. GENERAL RULE: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. As a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused. EXEMPTION: When a supervening facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening fact. *PERIOD WHEN SUBSTITUTION IS PROPER -Substitution is done during trial. *LIMITATIONS ON SUBSTITUTION -This are the instances when substitution is not proper A. No judgment has yet been rendered; B. The accused cannot be convicted of the offense charged C. The accused would be placed in double jeopardy *VENUE FOR THE INSTITUTION OF CRIMINAL ACTION -Venue in criminal cases is jurisdictional. It means that the complaint or information can only be file in the court where the offense is committed. GENERAL RULE: Subject to existing laws, criminal action shall be instituted in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred. EXEMPTION: A. An offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip. B. Where the offense is committed on board a vessel on its voyage. C. Felonies under the RPC - shall be cognizable by the proper court where the criminal action was first filed. D. Continuous or transitory crimes. E. Piracy- the venue of piracy, unlike all other crimes, has no territorial limits. It is triable anywhere F. Libel- the action may be instituted at the election of the offended or suing party in the municipality or city. EXEMPTION: -the libelous article is printed and first published -if one of the offended parties is a private individual, where private individual said actually resides at the time of the commission of the offense. -if the offended party is a public official, where the latter holds office at the time of the commission of the offense. -bp22-bouncing checks *INTERVENTION OF THE OFFENDED PARTY GENERAL RULE: The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111. -Civil liability arising from the crime is impliedly instituted with the criminal action in court. EXEMPTIONS: -From the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party such as sedition, rebellion, treason or any other crimes against the national security -the offended party waived the right to civil indemnity -the offended party had already instituted separate action
OLIQUINO, JOSHUA O. 3C4 Done watching sir! thank you for another lesson and knowledge acquired. I've learned that an amendment of the complaint or information may involve either formal or substantial change. On the other hand when a party will substitute the complaint or information, it will always involve substantial change from the original change. Matters to be subject to be amendment, only a valid information may be amended. Any information filed before the effectively of the law punishing the offense may not be amended after the law had come into effect.
Good afternoon thank you po sir. I learned from this lesson that when if it is needed to change some portion the complaint in court that we need to comply to the rules of amendement or substitution of complaint. In amendment maybe formal or substantial changes, and if the complaint has been change or in substitution it will entail another prelimenary investigation. In matter subject of ammendment The only valid information may be amended. In formal amendment it is made when the charge does not deprive the accused. Amendment will be considered as substantial when it will bring changes to the jurisdiction of the court. In the procedure for amendment it can be made before plea, after plea and during trial. Substitution is done during trial. The limitation on substitution are no judgment has yet been rendered, the accused cannot be convicted of the offense charged, and the accused would not be placed in double jeopardy. The general rule in the Intervention of offended Party in Criminal action is "The offended party has the right to intervene it counsel in the prosecution of the criminal action wgere the civil action for the recovery of civil liability is instituted in the criminal action pursuant to 111(Sec 16, Rule 10). The exception on this is when the offended party waived the right to civil indemnity and had already instituted separate action.
good day sir, Based on the vrl that you have uploaded, i have learned the distinction of amendment and substitution. Amendment may involve either formal or substantial changes. Before the plea is entered can be affected without leave of court. Formal amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Substitution involves substantial changes from the original charge. It must be with leave of court as the original information has to be dismissed. And limitation of substitution no judgement has yet rendered, the accused cannot be convicted of the offense charged or of any other offense neccessarily included therein.
Done Watching, sir OBRADOR JUVY 3c4 Thank you sir. This Video recorded lecture taught me with regards to the definition of ammendment and substitution. Ammendment may involve either formal or substantial change. Before the accused enter his plea guilty or not the the prosecution has the right to amend the information or complaint as a matter of right even without seeking permission from leave of court and also theres no need for another preliminary investigation, While in substitution it involves substantial change from the original and it must be always done with leave of court, unlike ammendment in substitution of complaint or information another preliminary investigation is needed and the accused must be arraigned once more. -as a rule only valid information can be amended in court. In Formal amendment, it is made neither affects nor alter the nature of the offense charged, it can also take place when the charge does not deprive the accused of a pair opportunity to present his defense and lastly it does not involve a change in the basic theory of the prosecution. In substantial ammendments it covers matter involving thr recital of facts constituting the offense. General Rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused.
Thank you Sir, I have learned the Changes to complaints or information are either official or clerical, but significant change will always be substantial change. To make it clear, before the accused pleads guilty or not guilty, the prosecution has the right to change the complaint or information as a matter of right, even without requesting authorization from the Court. In the case of substitution, however, it must always be done with the permission of the Court. While amendment does not necessitate a preliminary study, information replacement does, and it should be subjected to a new preliminary examination of re-arrangement. The amended information must be identical to the original information; otherwise, the accused may be subjected to double jeopardy if the case is re-filed. However, when substituting information, the new information should have a different content of offense than the original accusation in order to prevent the accused from claiming double jeopardy. The nature of the offense in which the spelling of the accuses name has no bearing on the charges is referred to as formal amendment. The change in complaint of information will have no effect on the theory of offense. SAMSAMAN, PAULINE MAE O. 3C3 BS CRIMINOLOGY
Thankyou Sir for the lesson. I've learned that Amendment it involve either formal or substitutional change, it can be formal or clearical change. Amendment before the plea is enterred can be affected without leave pf court. Its not require another pleriminary investigation and retaking of plea of the accused. Amendment refers to the same offensed changed in the original information or to an offense which neccessarily includes or is included in the original change. Substitution it involves substantial change, it must be with leave of court as the original information has to be dismissed. Substitutional new information involves a different offense which does not include or is not neccessary included in the original changes. Double Jeopardy that the accused is prosecuted twice. Formal Amendment 1. Nature of the offense change 2. Does not deprive the accused of a fair opportunity to present her deffense. 3. It does not involve a change in the basic theory of the prosecution. Effects of formal Amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Substitutional Amendment it covers matter involving the relital of facts constituting the offense charged and determinative of the jurisdiction of the court. Procedure for Amendment Before Plea- formal amendmen, substitutional amendment- without leave of court. After Plea and during the trial- formal amendment- without leave of court and without causing prosedure to the rights of accused. Substitutional Proper before judgment that mistake has been made in charging the proper offense. Limitation on Substitution 1. No judgment has yet been rendered. 2. The accused cannot be convicted of the offense charged or any othe offense neccessarily included therein. 3. The accused would not be placed in double jeopardy. EUGERIO, NECILYN A. 3-C4 BS CRIMINOLOGY
CARPIO, ALDRIN V. 3C3 Thankyou sir. I've learned about the differences of amendment and substitution. In amendment, it is a formal or substantial change. Also amendment before the plea can be done without leave of court and preliminary investigation is not required. While in the substitution it involves substantial changes only. It is always done with the leave of court and it needs preliminary investigation. Matters subject to ammendment- Only valid information should be ammended. If the information is void, it cannot be ammended. The General rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial right of the accused. If the accused enter his plea, the prosecutor cannot ammend the information. The venue in criminal cases is jurisdictional. The information and complaints can only be file in the court where the crime was committed.
Good Day Sir. Thank you for the lesson. This are what I’ve learned for today’s topic. *AMENDMENT OR SUBSTITUTION An amendment of the complaint or information may involve either formal or substantial change. While when a party will substitute the complaint or information it always involve substantial change from the original charge. -Amendment may be formal or clerical change or substantial change whereas a substitution is always substantial. -Amendment before the plea is entered by the accused can be affected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. ( that is what you mean by the leave of court). *However, In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. -An amendment as to form will not require another preliminary investigation and retaking of plea of the accused. However if the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter another plea so there will be a re-arraignment. *(In short in case of amendment there is no need for another preliminary investigation but in case of substitution of the complaint or information then another preliminary investigation must be conducted and the accused must be arraigned once more.) -An amended information refers to the same offense charged in the original or to an offense which is necessarily included in the original charge, hence substantial amendments to the information after the plea has been taken cannot be made over the objection of the accused for if the original would be withdrawn the accused could invoke DOUBLE JEOPARDY. -However, in case of substitution it requires that the new information’s involves a different offense which is not included in the original charge, hence the accused cannot claim double jeopardy. -Double Jeopardy means that the accused is prosecuted twice for the same offense. *MATTERS SUBJECT TO AMENDMENT -As a rule only valid information can be amended in court. If the information is void or total nullity then you cannot amend it, because only a valid information can be amended. A void information does not exists in legal contemplation and so therefore there is no amendment that it can be affected in a void information. *FORMAL AMENDMENT -A formal amendment is made when A. It neither affects nor alters the nature of the offense charges. (Example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of the complaint or information) B. Formal amendment can also take place when the charge does not deprived the accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. The charge does not deprive the accused of a fair opportunity to present his defense. C. It does not involve a change in the basic theory of the prosecution. (NOTE: As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then amendment will be considered as a formal in nature.) -Substantial amendment is present when there is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense. (Example if you change allegations as to change the nature of the offense or the law violated this is what we called the “essential ingredients of the crime” then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. Or for example if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment.) *PROCEDURE FOR AMENDMENT -Amendment can be made before plea, both in formal and substantial amendment without leave of court. -Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. When you say before plea without leave of court upon motion by the prosecutors and with notice to the accused. However, after enter his plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of the accused. Amendment in the information which changes the nature of the crime after arraignment. 3 requirements -upon motion by the prosecution -with notice of the accused -with leave of court or permission from the court. (NOTE: If the amendment is caused with the information and it downgrades the nature of the offense it can only be made with motion for leave of court and notice to the offended party for the purpose of the interest of the offended party and to prevent possible abuse by the prosecution.) GENERAL RULE: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. As a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused. EXEMPTION: When a supervening facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening fact. *PERIOD WHEN SUBSTITUTION IS PROPER -Substitution is done during trial. *LIMITATIONS ON SUBSTITUTION -This are the instances when substitution is not proper A. No judgment has yet been rendered; B. The accused cannot be convicted of the offense charged C. The accused would be placed in double jeopardy *VENUE FOR THE INSTITUTION OF CRIMINAL ACTION -Venue in criminal cases is jurisdictional. It means that the complaint or information can only be file in the court where the offense is committed. GENERAL RULE: Subject to existing laws, criminal action shall be instituted in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred. EXEMPTION: A. An offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip. B. Where the offense is committed on board a vessel on its voyage. C. Felonies under the RPC - shall be cognizable by the proper court where the criminal action was first filed. D. Continuous or transitory crimes. E. Piracy- the venue of piracy, unlike all other crimes, has no territorial limits. It is triable anywhere F. Libel- the action may be instituted at the election of the offended or suing party in the municipality or city. EXEMPTION: -the libelous article is printed and first published -if one of the offended parties is a private individual, where private individual said actually resides at the time of the commission of the offense. -if the offended party is a public official, where the latter holds office at the time of the commission of the offense. -bp22-bouncing checks *INTERVENTION OF THE OFFENDED PARTY GENERAL RULE: The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111. -Civil liability arising from the crime is impliedly instituted with the criminal action in court. EXEMPTIONS: -From the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party such as sedition, rebellion, treason or any other crimes against the national security -the offended party waived the right to civil indemnity -the offended party had already instituted separate action OSUNA, CHARLENE MAY M. 3C2 BS CRIMINOLOGY LSPU-SPCC
THANK YOU ATTY. I learned about the differences about the amendment and substitution in terms on how its involve in substantial from original charge.Amendments is a form that will not be require on another in preliminary investigation and rataking of plea of the accused. Substitution is about an information entails to another preliminary investigation and plea to the new information. JOHN PHILIP G. FERNANDEZ BS-CRIMINOLOGY 3C1
Thank you Sir! In this lesson I learned the difference between amendment and complaint wherein amendment may involved either substantial or formal while substitution involves substantial change from its original also amendment can be a formal or substantial change whereas substitution is never change and it always be a substantial . Moreover amendment can be effected before the plea without the leave of the court period on the other hand , substitute will always be done with leave of court to be able to withdraw the first complaint or information made and replaced it . Preliminary investigation is not required in the amendment instead it is needed in substitution . On the other hand the amendment information must also and shall contain same case as the first information made, otherwise it will not be the same and it will be different case to do this if ever you will file again this case the accuse can invoke double jeopardy. Valid information can only be amended and not those void information because it is not existing in legal contemplacion. With regards to formal amendment it is made when (a) either it affects or alters the nature of the offense charges (b) the charge does not deprived accused of fair opportunity to present his defense. A formal amendment can also take place when the church does not deprive accused of a fair opportunity to present his defense. (c) it does not involve the change in the physical beauty of the prosecution Note: as long as the amendment will be not create a surprise on the part of the accused on presenting or braving the innocence the amendment will be considered as a formal in nature.Substantial amendment is presented when an amendment in substance covers matter that involves the recital of facts constituting the offense charged and the determine if of the jurisdiction of the court . When amendment refers to the allocation of facts constituting the offense to change the nature of the offence or the law violated is what we call the essential in ingredients of the crime then it will be considered as substantial amendment. When amendment will be determined at each of the jurisdiction of the court then it will be considered as substantial amendment The procedure for amendment whereas amendment can be made from clay formal and substantial amendment even without the leave of court accepted in cases of substantial amendment that downgrades the nature of the offense charged or excludes any accused from the complaint or information period also upon the motion by the prosecutor and with notice to the excuse after the plea and during the trial formal i mean that can only be mid with the leave of court without causing prejudice to the right of the accused. Moreover amendment in the information the charge as the nature of the crime after the arraignment . As a general rule, the prosecutor do not have the power to amend the information after the arrangement as it would prejudice the substantial rights of the accused it simply means as the rule the prosecutor cannot amend information after the accused had entered his plea because it will prejudice the substantial right of the accused. The venue in institutional cases is jurisdictional the complaint in information can only be filed in court where the offense committed the exception is when a committed in railroad aircraft or any public or private vehicle, offense committed on vessel or voyage. Arbiso, 3C4
Good day sir! Based on the VRL, Criminal Procedure part 3. In this lesson, I learned that a formal and substantial change is a complaint or information amendment, whereas a substitution just has a significant change. Furthermore, amendments before the plea can be made without the need for a leave of court, while substitutions require leave of court to be valid. Furthermore, when it comes to preliminary inquiry modification, it is not needed, although substitution is also required to undergo a preliminary investigation. The amendment would be considered procedural if it would not surprise the perpetrator when presenting his innocence. And significant evidence is obtained if there is a variation in the allegation and it is the violator's regular crime. Only factual facts may be changed in court when it comes to ruling. If the evidence is invalid, you cannot amend it because void information does not exist in legal terms. As a general rule, the court cannot change the evidence following arraignment unless it jeopardizes the accused's rights. However, there is an exception: where evidence supervenes and changes the essence of the crime charged in that detail, it is upgraded to a higher crime. Bool, Hazel D. 3c2
RAMOS, DANIEL R. 3C4 Thank you Sir... Chiefly, in this lesson I learned the difference between amendment and complaint wherein amendment may involve either formal or substantial while substitution it involves substantial change from the original. Furthermore amendment can be formal or clerical change or substantial change whereas substitution is always and always substantial. In a simple sense, amendment before the plea can be effected without the leave of court. Substitute on the other hand is always done with leave of court in order to withdraw the first complaint or information made and replaced it. In amendment, preliminary investigation is not required but in substitution it is needed. Thus, the amended information should also be about the same case as the first information made, otherwise, it will be a different case, and if you file it again the accused could invoke double jeopardy. While in substituting an information, the new information should have a different offense that is now what is on the original charge in order the accused cannot invoke double jeopardy. Those that can amended are only those valid information and not those void information simply because void information does not exist in legal contemplation. With regards to formal amendment: A formal amendment is made when: (a). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (b).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (c). It does not involve a change in the basic theory of the prosecution. Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature. Moreover substantial amendment is present when there is an amendment in substance where it covers matters involved the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense for example if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example is if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment. With regards to procedure for amendment whereas Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Further upon motion by the prosecutors and with notice to the excused. After plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused. Amendment in the information which changes the nature of the crime after arraignment As a General Rule: The prosecutor has no power to amend the information after arraignment as it would prejudice the substantial rights of the accused. It means as a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused. Venue in institutional cases is jurisdictional the complaint and information can only be filed in court where the offense committed the exception is when committed in railroad, aircraft or any public or private vehicle, offense committed on vessel or voyage. Lastly, Intervention of offended party in criminal action If a criminal complaint is filed in court, the civil liability. For example delicto or the civil liability arising from the crime is jointly instituted as that of the criminal action.
Forteo, Leah M. 3C1 Good day Sir. In this video I've learned about amendment and substitution. • AMENDMENT - it can be formal or clerical change. Before the accused enters a plea of guilty or not guilty the prosecution has the right o amend the complaint as a matter of right even without seeking permission from a leave of court. Moreover, it will entail another preliminary investigation and the accused will have to make another plea. • SUBSTITUTION - always substantial, and must always be done with leave of court since the original complaint will have to be withdrawn and another one will be filed in court as a replacement. • FORMAL AMENDMENT 1. The spelling of the name of the accused will not affect the nature of the offense charged. 2. The theory of defense will not be affected by the change in the complaint. 3. It does not involve the basic theory of the prosecution. • SUBSTANTIAL AMENDMENT. When an amendment pertains to the allegations of facts constituting the offense. • VENUE OF CRIMINAL ACTIONS. Class venue in criminal cases is jurisdictional - the complaint can only be filed in the court where the offense was committed or any of the essential occurred.
Good Day, Sir! Based on the VRL that you have uploaded, I have learned the distinction between amendment and substitution. The elements or the contains of formal amendment, substantial amendment. The facts of criminal liability, how and when it can be called a criminal liability. Lastly, the intervention or the coping mechanism that an offended party should do after the crime against him or her happened.
BOSINOS, BENSON R. 3C3 good day sir! thank you for this video recorder lecture it will serve to me as a guide and knowledge to determine the distinction between amendment and substitution. in amendment of the complaint or information may involve either formal or substantial change. While when a party will substitute the complaint or information it always involve substantial change from the original charge and also. is always substantial, also an amendment may be formal or clerical change or substantial change whereas a substitution is always substantial. While the substitution it is must always be done with leave of court since the original complaint will have to be withdrawn and another one will be filed in court as a replacement.
In this topic I've learned a lot -the amendment and substitution - Formal amendment which is neither effect or alters the nature of the offense charge - substantial amendment example is if the amendment change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to MTC it is considered as substantial amendment. -procedure of amendment first is the BEFORE PLEA, which it is whether formal and substantial amendment it can be done without leave of court. And the next is AFTER THE PLEA AND DURING TRIAL, Is formal amendment with leave of court and without causing prejudice to the right of the accused. -amendment in information which changes the nature of the arraignment General rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. -period when substitution is proper -limitations on substitution -Venue for the substitution of criminal actions - intervention of offended party General rule: the offended party has the right to interven it councel to the prosecution of the criminal action where the civil action for the accuracy of civil liability is instituted in the criminal action personal to rule III (sec.16, rule 110).
TUBOG, MARIEL ANNE O. 3C2 I have learned in this video primarily the distinction of amendment and substitution wherein amendment may involve either or formal substantial while substitution involves only substantial change from the original charge. Also, I knew that matters subject to amendment wherein only valid information are the ones that can be amended as well as the elements of the formal amendment wherein it can only made when it neither affects nor alters the nature of the offense charged or the charge does not deprived the accused of a pair opportunity to present his defense or it does not involve any change in the basic theory of the prosecution. This video lecture also taught me about the procedure for amendment wherein charge can only be don for compliance under the three requirements such as upon motion by the prosecution, with notice to the accused and lastly, with permission of the court. The knowledge I have learned in this video includes the general rule of the venue for the institution of criminal actions wherein is states that subject tk existing laws, criminal actions shall be instituted and tried in the court for the municipality kr territory where the offense was committed or any of its essential ingredients occured which is under Section 15 of Rule 110. Also, this states that venue in criminal cases is jurisdictional meaning any information or complaint can only be filed in the court where the offense was committed, however, as I always say, in every rule, there is always an exceptions.. In this general rule for venue, the exceptions includes first is when an offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip, second is where the offense was committed on board a vessel on its voyage, third is felonies under Article 2 of the RPC- it shall be cognizable by the proper court where the criminal action was filed, fourth is the continuous or transitory crimes, fifth, piracy- the venue for piracy, unlike other crimes, has no territorial limits. It is triable anywhere, sixth, cases of libel, the action may be instituted at the election of the offended or suing party in the municipality or city where the libelous article is first published or printed or if one of the offended party is a private individual where said private individual actually resides at the time of the commission of the offense or if the offended party is a public official, then you can file a complaint or information where the latter's hold office at the time of the commission of the offense, and lastly, the BP 22 cases or the bouncinf checks- the criminal action shall be filed at the places where the check was dishonored or issued. In cases of crossed check, the place of the depositary or the collecting bank. These are the summarization of the lessons I have learned in this particular lecture. Thank you, sir!
ENDONILLA, AVEGEL U. 3C2 - BS CRIM Thank you Sir for this video lecture. What I’ve learned in this lesson are: Amendment vs Substitution Amendments either involve formal or substantial changes. The prosecution has the right to amend the complaint or information as a matter of right, even without seeking leave of court, before the accused enters his plea of guilty or not guilty. It will also not necessarily require a new preliminary investigation or the seeking of the accused's plea. While substitution involves a substantial change from the original change. It must be done with leave of court as the original information has to be withdrawn and another one will be filed in court as a replacement. If the complaint or information has been changed or substituted it will entail another investigation and the accused must file another plea and arraign once more. An amendment, if the original would be withdrawn, the accused could invoke double jeopardy while substitution, the new information with a different offense which does not include in original charge, the accused cannot claim double jeopardy. Formal amendment Its instances are made when it neither affects nor alters the nature of the offense charged; it can take place if the charge does not deprive the accused of a pair opportunity, and does not involve a change in the basic theory of the prosecution. The defense theory would be unaffected by any changes to the allegation or facts. A formal amendment is one that does not cause the accused to be surprised when presenting or proving his innocence. Procedure for amendment Formal amendments can only be made with the court's permission and without jeopardizing the accused's rights after the accused has entered his plea and during the trial. If an amendment is made before a plea, whether formal or substantive, it can be done without the permission of the court. However, substantial changes that reduce the scope of the crime or remove any of the accused from the charge or facts can only be done if the three conditions are met. Substantial Amendment -if there is a material that involves matters relating to the recital of facts constituting the alleged crime in deciding the court's jurisdiction. Period when substantial is proper Anytime before the judgment that a mistake in charging the offense has been made. The original complaint will be dismissed, and the accused will not face double jeopardy. Venue for the institution of criminal actions It must be instituted and tried in the court or territory where the offense or any of its essential elements occurred. The following are the exceptions to this rule: The offense was committed on a railroad train, aircraft, or any public or private vehicle during the course of the trip. 2. Where the offense was committed on board a vessel while it was en route 3. Felonies under RPC Art. 2 4. Persistent or transitory offenses 5. Piratery 6. Libel 7. BP 22 cases "bouncing check".
In this video the summary that i learned the Substitution involves substantial change from its original. The amendment information must also shall contain same case as the first information made,otherwise it will not be the same and it will be different case to do this if ever ypu will file again.Amendment can be affected before the plea without the leave of the court period. The procedure for amendment can be made a clay formal and substantial amendment that downgrades the nature of offense charged or excludes any accused from the complaint or information period.It can only be mind with leave of court without causing prejudice ro the right of accused.
ATIENZA, ALLYSA JOY V. 3C1 Thankyou po Atty.! This video thought me the difference between the amendment and substitution in criminal procedure. Amendment information refers to adjustment of the information for the same offense charged in the original information or to an offense. It can be made before the plea is entered. However, substitution requires or presupposes that the new information involves a different offense which does not include in the original charge. to become effective, it must have a proper leave of court for the original information has to be dismissed In Effects of Forma Amendments: -there is no need for the another preliminary amendment and retaking of the plea of the accused if such were ready conducted. In Effects of Substantial Amendment - there is an amendment is substance where it covers matters involving the recital of facts consisting the offense charged. AMENDMENT IN THE INFORMATION WHICH CHANGES THE NATURE OF THE CRIME AFTER THE ARRAIGNMENT - As a general rule, the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. And this was also has its exceptions to consider In terms of Venue for the institution of Criminal Actions -As per to the general rule, subject to existing law, the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. And consider all the exceptions that has been stated.
Done COSICO, ANGELICA M. 3C1 I had learned that first that a Amended information should be the same as the first information made otherwise, the accused can invoke double jeopardy if the case will be different as it was filed again. However, in substituting information, new information should have different content of offense, that is what in the original charge so that the accused cannot invoke double jeopardy. And the formal amendment includes the nature of offense in which the spelling of the name of the accuse doesnt affect the charges. The theory of offense will not be affected by the change in complaint of information. As long as the amendment will not create a surprise kn the accused in proving his innocence or of his guilt, it is then formal, Substitutional amendment is when the offense change.
thank you po Sir. in this lesson the distinction between Amendments and Substitution of complaint, amendment can be a formal and base on your discussion that before the accuse before enter his plea of guilt or not guilty the prosecution has the right to amend a complaint and information as a matter of right even without of seeking permission from leave of court however in case of substitution it is always done with leave of court. In addition in the case of substitution if the information has been change then it will intake another preliminary investigation and the accuse will arraign once more moreover, in the information or complaint involve different offense which is not included in the original charge then the accuse cannot claim a double jeopardy and double jeopardy means that the accuse is prosecuted twice from the same offense. Matter subject to amendment is only valid information if it is void then it can be amend because only valid information can be amend. Formal amendment can affect the changes in the offense for example the name of the accuse will not affect the nature of the offense being charge and will consider as unsubstantial amendment in addition, as long as the amendment will not create a surprise in part of the accuse in proving his innocence the the amendment will consider a formal in nature. going to another topic the effects of forma amendment that theres no need a preliminary investigation on the accuse if such things is already conducted next is the procedure for amendment is made before plea both in formal and substantial without a leave of court and after plea the accuse will enter his plea formal amendment will be done with leave of court. the period of proper substitution done during trial like for example if accused is accused for the crime of homicide then the court find in the evidence a another evidence that will change the offense being charge that is being proper for the offense. the venue for the institution of criminal action is jurisdictional and the complaint can only file in place where the crime was committed but there is an exception when it is committed in a rail road train or aircraft, Vessel, transitory crime, Piracy, libel and in the case of bouncing check law. -3C4
COMIA, MICHELLE P. 3C2 Good day! Thank you, Sir. for today's lecture. What I've learned for today's video Identifying the difference between an amendment and a substitution. Modifications to a complaint or piece of information can take the form of formal or significant adjustments. When a party substitutes a complaint or information, the original accusation is always significantly altered. It's a clerical or formal alteration, but a substitution is always significant. Without the permission of the court, an amendment might be made before the plea is entered. The prosecution has the right to change the complaint or information as a matter of right, even without requesting leave of court, before the accused enters his plea of guilty or not guilty. Since the original complaint, any substitution must always be done with the permission of the court. Matters subject to ammendment 9in most cases, only genuine information can be changed in court. Only legitimate information can be modified, thus if the information is void, you won't be able to change it. Because an empty information does not exist in legal terms, it cannot be changed. Formal Amendment A formal amendment is made when: (1). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (2). The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (3). It does not involve a change in the basic theory of the prosecution. Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. Procedure for amendment except in cases where a substantial alteration downgrades the substance of the offense charged or excludes any accused from the complaint or information, amendments can be made before a plea, formal and substantial amendments can be made without the permission of the court. Prosecutors filed a motion, and the excused were given notice. Formal amendments can only be made after a plea and during the trial with the permission of the court and without jeopardizing the accused's rights.
Good Day Sir. Thank you for the lesson. These are what I’ve learned for today’s topic. * Amendment or Substitution of Complaint or Information, A substantial amendment consists of the recital of facts constituting of offense and determinate of the jurisdiction of the court. All other matters are merely formal amendment. The test to distinguish whether the defendant is prejudiced by the amendment is whether the defense under the information would still be available after the amendment, and whether the original defense of the defendant would be equally applicable to the information in the one form as in the other. An amendment to an information which does not change the nature of the crime alleged therein does not affect the essence of the offense or cause surprise or deprive the accused of an opportunity to meet the new averment had each been held to be one of form and not of substance. Formal amendment can be made provided it is with leave of court and it does not prejudice the rights of the accused. MITRA, ANDREA MAE E. 3C4
CENTILLES, JOSHUA M. 3C4 Thank You Sir! Amendment vs Substitution Amendment can be formal or clerical change or substantial change whereas substitution is always substantial. Before the accused enters his plea guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In case of substitution must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. If the complaint or information has been changed then it will entail another preliminary investigation and the accused will have to enter another plea. In case of substitution it requires that the new information involves a different offense which is not included in the original charge hence the accused cannot claim double jeopardy which means that the accused is prosecuted twice for the same offense. Only a valid information can be amended in court, if the information is void then you cannot amend it because only a valid information can be amended. Formal amendment is made when it neither affects nor alter the nature of the offense charged. The spelling of the name of the accused will not affect the nature of the offense charged. The theory of defense will not be affect by the change of the complaint or information. Substantial amendment - is present when there is amendment in substance when it covers matters involving the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment is the terminative of the jurisdiction of the court then it will be considered as substantial amendment. If the amendment change the penalty imposable that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment, e.g. the crime of cyber libel or libel as defined by article 352 of the RPC in relation to R.A. 10175, if you have amended the complaint or information to change it to unjust vexation then it would change the jurisdiction of the RTC because unjust vexation can only be filed before the municipal trial court or the first level courts. Amendment can be made before plea both informal and substantial amendment without leave of court. Substantial amendment downgrades the nature of the offense charged or exclude any of the accused on the complaint or information. Venue of Criminal Actions Venue in criminal cases is jurisdictional which means that the complaint or information can only be filed in court where the offense was committed or any of the essential ingredients occurred. Article 2 are the extra territorial application of the RPC it shall be cognizable by the proper court where the criminal action was first filed . Intervention of Offended Party in article 100 of the Revised Penal Code for every crime there is a corresponding civil liability. The commission of a crime comes with it civil liability then the private offended party can intervene in a prosecution of a crime. Pag nag sampa ka ng kasong Kriminal yung pananagutang sibil na nag mumula sa krimen ay kahalo na rin sa Criminal Action na iyong isinampa sa Husgado.
Part 3 Criminal Procedure : AMENDMENT AND SUBSTITUTION I'd like to share my learnings from this lesson that has been tackled by you,Sir.But first ,I'd like to thank you for discussing it to us. What I've learned from this lesson is that how amendment of complaint or information differs from substitution,as well as its rules and exceptions. It says there that: a. amendment involves formal and substantial changes;substitution must possess only a substantial changes. b. amendment can be done even without leave of court;substantial requires leave of court for it to be effected. c. amendment will not require another preliminary investigation when it comes to amending information,substitution requires another. RULE: We cannot amend void information,the only information to amend are those valid. FORMAL INFORMATION: Made when it affect nor alters the nature of the offense charged. Anything that is not a substantial with the complaint or information can be considered as formal information. SUBSTANTIAL INFORMATION If the amendment WILL CHANGE the penalty imposed or the nature of the offense and that it will change its jurisdiction. We should always keep in mind its general rule: The prosecutor can no longer amend the information after arraignment as it would prejudice he right of the accused. Though it was generalized,it also has an exception.When a fact supervenes which changes the nature of the crime charged in the information or upgrades it to a higher crime. PERIOD WHEN SUBSTITUTION IS PROPER It appears anytime before judgment that a mistake has been made in charging the offense,provided the accused shall not be placed in double jeopardy. There are 3 limitations discussed.First ,it must have no judgment has been rendered.Next, accused cannot be convicted of the offense charge and lastly,he /she could not be placed in double jeopardy. Article 100 of the Revised Penal Code It pertains with the phrase "Every crime has its own corresponding civil liability." Therefore, private offended party has the right to intervene with the the crime's prosecution. EXCEPTIONS: a. Crimes such as sedition,rebellion,treason(crimes against national security) has no civil liability,for it offended no private individual's civil right. b. Offended party waived the right to civil indemnity ,or in legal definition, a compensation money or property for a loss suffered; and c. Offended party had already instituted separate action. These are my taken down notes today.Thank you po Atty. I'm from section 3C3.
PRIOL, DARWIN J. 3-C2 BS-CRIMINOLOGY LSPU-SPCC PART 3 Thank you sir for this video lecture. And this is the summary that i learned in this video lecture. Substitution involves substantial change from its original. The amendment information must also and shall contain same case as the first information made, otherwise it will not be the same and it will be different case to do this if ever you will file again. Amendment can be effected before the plea without the leave of the court period. The procedure for amendment can be made from clay formal and substantial amendment even without the left of court accepted in cases of substantial amendment that downgrades the nature of the offense charged or excludes any accused from the complaint or information period. It can only be mid with the leave. of court without causing prejudice to the right of the accused. The. amendment can also take place when the church does not deprive accused of a fair opportunity to present his defense. It does not involve the change in the physical beauty of the prosecution. As a general rule the prosecutor do not have the power to amend the information after the arrangement as it would prejudice the substantial rights of the accused. The venue in institutional cases is jurisdictional the complaint in information can only be filed in court where the offense committed.
JAVIER, KAYCE R. 3C1. Thank you Sir for the lesson today. What I've learned today: Distinguishing the amendment and substitution Amendment of complaint or information May involve either formal or substantial changes. When a party will substitute the complaint or information it always involve substantial change from the original charge. It is a formal or clerical change whereas a substitution will always substantial. Amendment before the plea is entered can be effected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In case of substitution it must always be done with leave of court since the original complaint or information will have to be with run and another one will have to be filed in court as a replacement. An amendment as to form will not require another preliminary investigation and retaking of plea od the accused. If the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter a plea to there will be a re-arraignment. In case of substitution it requires that the new information’s involves a different offense which is not included in the original charge hence the accused cannot claim double jeopardy. Jeopardy is the accused prosecuted twice for the same offense. MATTERS SUBJECT TO AMENDMENT As a rule only valid information may be amended in court. If the information is void you cannot amend it because only a valid information can be amended. A void information does not exists in legal contemplation therefore there is no amendment that it can be affected in a void information. FORMAL AMENDMENT A formal amendment is made when: (1). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (2).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (3). It does not involve a change in the basic theory of the prosecution. Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature. Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense for example if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example is if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment. PROCEDURE FOR AMENDMENT Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Upon motion by the prosecutors and with notice to the excused. After plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused. Amendment in the information which changes the nature of the crime after arraignment General Rule: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. It means as a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused. PERIOD WHEN SUBSTITUTION IS PROPER Substitution is done during trial. For example is in case of proving complaint for homicide and during the course of trial the evidence would lead to another offense which is more proper then the court will allow substitution of the original complaints upon the filing of a new one upon depending the facts establish in court.
In this part or topic that was tackled, I have learned the distinction between Amendment and Substitution, the matters that may subject to amendment, what is formal amendment and its effects, the substantial amendment, its procedures, venue on criminal actions, and the intervention on the offended party. Firstly, Amendment in a certain complaint or information involves formal or clerical changes while the substitution only involves substantial changes from the charged. Moreover, the amendment before plea can be affected without the leave of court while in contrary, the substitution must be with leave of court as the original information has to be dismissed or replaced. Also, in amendment, preliminary investigation or retaking of plea is not required while the substitution requires re-arraignment or preliminary investigation. Further, amended information is the same charge in the original offense that was included in the original charge but after the plea has been made, the objection of the accused will be dismissed. However, in substitution, the accused cannot claim double jeopardy since this requires a new information that involves a different offense from the original charge. Furthermore, the matters that may be subjected to amendment are only those valid information since those that were considered null and void does not exist in the legal contemplation. Also, the formal amendment shall only be made when it does not affect or alter the nature of the offense charged such as the misspelled of the name of the accused. Also, if it does not prohibits the accused from fair opportunity in presenting his defense and if the theory presented in such case does not affect the change that is made in the complaint or information. The substantial amendment covers those matter that includes allegations of facts or changes in nature and penalty as well as the determination of the jurisdiction of court. Formal amendment can be made before the plea without the leave of court. However, substantial amendment done before the plea can downgrade the nature of the offense charges and can exclude accused from complaint or information. This can be made upon the motion of the prosecutor with the notice to the accused and with the leave of court. Formal amendment shall be done after and during the trial whereas it should be made with leave of court and without causing prejudice to the rights of the accused. Further, as stated in the amended in the information which changes the nature of the crime after arraignment, its general rules implies that the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights if the accused. However, as an exception, if the fact supervening changes the nature and upgrades the penalty charged on the accused. Lastly, the venue on criminal action stated that it shall only be tried within its jurisdiction, however, if it was committed in a railroad train, aircraft or on board vessel, involves piracy, libel or the violation of BP 22, hence it can be tried or filed with the certain provision mentioned therein. TEJADA, CHUSTYN L. 3C1
Good day sir! The knowledge that I've been learned in this topic Amendment or Substitution of complaint information is the difference between amendment and substitution. And also the matters subject to amendment. Effects of formal amendment is also include in this topic . Substantial amendment that this is a substance where it covers matters involving the recital of facts constituting the offense charge. Also venue of criminal action and limitations on substitution.Thank you MARANAN, JAY MARK L 3C3 -BS CRIMINOLOGY
Done watching sir! AVERION, DIANNE D. 3C4 In this video recorded lecture, I've learned the amendment and substitution were in amendment is a formal or substantial change while the substitution involves substantial changes. The Double Jeopardy is when a accused prosecuted twice to thesame offense. I also understand the formal amendment it affects not alters the nature of the offensed change. It does not involve change. As long as the amendment will not create a surprise on the part of the accuse in presenting and proving his innocence then the amendment will considered as formal in nature. When it comes to substantial amendment the example of this is if you change the alligation to change the normal of the offense on the law violators the it is considered as substantial amendment. The procedure for amendment is made before the plea, after plea and during trial. if amendment is made before plea formal or substantial amendmentbit can be done without leave of court except when incase of substantial amendment when it downgrades the nature of offense or when it exclude any of the accused from any information then it can be only done upon compliance within the requirements (1) upon motion by the prosecutor (2) with notice to the executed. If the amendment is cause by the information it downgrades the nature of offense it can only made with motion for leave of court with notice to the offended party. The General rule "the prosecutor can no longer amend the informatiom after arraignment as it would prejudice the substantial right of the accused." exceptions is for example A stab B and it inflicted a wound but because of the time medical care B manage to survive the attack and he confine to the hospital the police file a attempted homicide. But when B died the death of the victim is a super venes fact because of the time that the complaint filed in court. the supervene fact of the prosecutor will amend the informations. Substitution is done during trial. Venue in institutional cases is jurisdictional the complaint and information can only be filed in court where the offense committed the exception is when committed in railroad, aircraft or any public or private vehicle, offense committed on vessel or voyage.
Thank you sir I learned that the amendment or changing some portion of the complaint amendment is defined as formal or substantial change. It is entered can be effected without leave of court(before the plea) , before the accused is not define as guilty or not guilty the court can amend. in the substitution must be with leave of court as the original information has to be dismissed. in the amendment there is no preliminary investigation, in substitution there must be a preliminary investigation. A formal amendment is being made when the charge does not deprive the accused of a fair opportunity to present his defense. It takes place when the theory of defense is not affected when there is amendment. Venue on criminal Actions a criminal action must be instituted and tried in the court of the municipality or territory, it is jurisdictional, a criminal action mus be held in the place where crime has been committed or being occurred it is discussed on the first topic which is the territoriality. The exceptions are if the offense or crime was committed on a railroad train when it is in the course of trip you can file a case in the place where the train passes by. Sanchez Emilia E. 3c3
BALLESTEROS, FRANCIS MICO S. 3C2 I’ve learned many things about amendment and substitution and their difference on how they are implemented. Also, amendments are not required another preliminary investigation. Otherwise, in substitution of the information, according to the rules, it is needed a another preliminary investigation. Venue in criminal cases is jurisdictional, approach the complaint or information can simplest be filed within side the court in which the offense committed.
Marvin V. Cabangon 3C1 Part 3 I noticed that this topic is really interesting and it hook my attention. I've learned a lot from this topic and let me state what I learned about this lesson start with the distinction between amendment and substitution the Amendment may involve either formal or substantial changes, while substitution necessarily involves a substantial change, in an 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, thus,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, and 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. In addition there is always a general rule that i need to memorize and remember, the general rule in amendment in the information which changes the nature of the crime after arraignment, " The prosecutor can no longer amend information after arraignment as it would prejudice the substantial rights of the accused. The general rule in the venue of an Criminal action, " Subject to existing laws, Criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred and lastly, the general rule or the intervention of offended party in Criminal action, " The offended party has the right to intervine it counsel in the prosection of the Criminal action where the civil action for recovery of civil liability is instituted in the Criminal action pursuant to rule 111. This is all what I've learned in this video lecture. Thank you sir. And God bless always.
DE LUNA JR., DOMINADOR A. 3C4 With regards to this lesson, learning about the differences between amendment and complaint. Basically on the first hand, the amendment may involve formal or substantial while substitution it involves substantial change from the original. To add, ammendment may be formal/clerical change or substantial change wherein substitution was always be substantial. On the other hand, amendment before the plea can be effected without the leave of court. Substitute may always be done with leave of court in order to withdraw the first complaint or information made and being replaced. In amendment, preliminary investigation is cannot be required anymore but in substitution it is needed. Thus, the amended information should be and always be the same case base on the first information mas done. Otherwise, double jeopardy will be exist when there was a different cases were filed, and if it was filed again the accused may appeal double jeopardy base on the case. While in substituting an information, the new information should have a different offense that is now what is on the original charge in order the accused cannot invoke double jeopardy. Regarding to the formal amendments, formal amendment is made when: (a). It either affects or alters the nature of the offense charges. A scenario when the the name of the perpetrator was misspelled it will not affect the nature of the offense that was being charged from him/her and it will be considered as a formal or unsubstantial amendment of complaint/information. (b).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. Note: The theory of defense will not be affected by the change in the complaint or information. (c). It does not involve a change in the basic theory of the prosecution. Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature. As a General Rule the prosecutor was not on the possession of his power to amend the information after arraignment as it would prejudice the substantial rights of the accused. As stated on the rule, the prosecutor cannot amend the information after the accused had enter his plea because it will prejudiced or affect the rights of the accused which is the substancial rights. Venue in institutional cases is jurisdictional the complaint and information can only be filed in court where the offense committed. Note there was always an exception in every rule, when there is committed in railroad, aircraft or any public or any private vehicle and offense committed on vessel or voyage.
MEA, KATHERINE JOY (3C2) This topic informed me about what to do if there is something to change or substitute in a complaint or information, even what are the amendment or substitution may be involved before the plea that can effected with or without leave in a court. It also explains those charged in the amendment that can be charged in the original information after the plea has been taken and also requires in substitution in the new information does not include in the different offense are necessarily in the original charge that if can be charged in double jeopardy. Furthermore, it also explain those subject matter to be amendment it only valid information may be amended, must an information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect. It the formal amendment it says that no need in preliminary investigation and retaking of the plea of the accused will already conducted. And it’s made the amendment it’s either affects nor alters the nature of the offense charged, if the charged does not deprive the accused of fair opportunity to present his defense, and lastly it does not involve a change in the basic theory of the prosecution. But the formal amendments have been a new allegations which relate only to the change of the penalty that the court might impose in the event o conviction and amendment which does not charge another offense different or district from that charged in the original one and the additional allegations which do not alter the prosecution’s theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume. In short As long as the amendment will not create a surprise on the part of the accused in presenting in proving innocent, and the effect of formal amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Now, in the Substantial Amendment it must covers matters involving the recital of facts, by constituting the offense charged and determinative of the jurisdiction of the court, even when amendment pertains to the allegations of facts constituting of the offense or change the nature of crime and the amendment will change the penalty that change the jurisdiction. If amendment is before the trial or plea whether or not formal or substantial amendment, it can be without leave of court except in case of substantial amendment Downgrades the nature of the offense charged it can only done by done by the three requirements , Upon a motion by the prosecutor, With notice to the excused, With leave of court. However if the amendment is after the plea and during the trial or the accused enters his plea even in case of formal amendment it will leave of court and without causing prejudice to rights of accused. Additionally, if the period of substitution is proper it appears any time before judgement 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, provided the accused shall not be placed in Double Jeopardy. And the limitation on this substitution is no judgement yet been rendered , the accused cannot be convicted of the offense charged or of any other offense necessarily included therein, and also the accused would not be placed in double jeopardy. In the venue of criminal actions it must be subject to existing law criminal action shall be instituted and tried in the court of the municipality or territory the offense was committed or any of its essential ingredients occurred but there’s an exception that the offense was committed on a railroad train, in aircraft or in any other public or private vehicle in the course of trip, Where the offense is committed on board a vessel on its voyage, Felonies under ART 2 of the RPC , shall be cognizable by the proper court where the criminal action was first filed, the Continuous or transitory crimes. In the intervention of offended party, according in the Article 100, it says that every crime there is a corresponding in civil liability that the private offended party can intervene in the prosecution of a crime. However in general rule “the offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111 sec 16, rule 110.” That explains, if the criminal complaint filed in court the civil liability arising the crime is jointly instituted in criminal action in court, and when the criminal action is instituted in court then the civil liability is jointly instituted. But there’s an exception in this rule from the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party. E.g Sedition, rebellion, treason (crimes against national security)/ private offended party, from the offended party waived the right to civil indemnity and lastly, the offended party had already instituted separate action.
TULAWE RICO O. BSCRIM-3C1 Good day Atty. In this lecture series I learned more about amendments or substitutions of a complaint or informations. Amendments may involve formal or substantial changes while on the other hand substitution it involves substantial from the original charge. An amendments before plea is entered can be effected without leave of court while in substitution it must be with leave of court as the original informations has to be dismissed. In amendment also doesn’t require another preliminary investigations and retaking of plea of the accused while on the other hand substitution of information’s entails another preliminary investigation and plea to the new information. Moreover in amendment the amended information refers to the same offense charged whereas in substitution it involves new information a different offense which does not included in the original charge. Matters subject for amendments are only valid information’s, an information filed before the affectivity of the law punishing the offense may not be amended after the law had come into effect. Also I learned about formal amendment, it is made when the offense affects nor alters the nature of the offense charge charged. The charge does not deprive the accused of a fair opportunity to present his defense. And does not involve a charge in the basic theory of the prosecution. In terms of formal amendments includes the following, there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Amendment should be made before the plea, either formal or substantial it can be made without the leave of court. Substantial amendment downgrades the nature if the offense charged, the prosecution should file a motion for leave of court with notice to the offended party. As a general rule the prosecutor can no longer amend the information after the arraignment as it would prejudice the substantial rights of the accused, however if the offense changes the nature of the crime charged because of the facts that supervenes it will upgrade the crime charge and the penalty. Substitution should be done during trial.
thank you sir, I learned here in Criminal Procedure is about amendment and substituition. when said amendment it refers to a formal or official change made to a law, contract, constitution, or other legal document and no longer requires Preliminary Investigation. and the next is when it says Substituition it refers to new information is for a different offense which does not include or is not necessarily included in the original charge and in addition it requires a Preliminary investigation unlike the amendment required by the preliminry investigation. The next topic is about to, matters subject to amendment, here what I learned is that it is necessary, only valid information can be amended here. The next is about the formal amendment and this is about or additions that become part of the written language of the Constitution itself. And in addition it is or additions that become part of the written language of the Constitution itself. The next one is substuntial amendment, this in turn refers to defined as change to the terms of the protocol or any other supporting documentation that is likely to affect to a significant degree, and this is what I learned in the topic of Criminal Procedure. -REYES, ARJAY B. 3C4
CABALFIN, JOHN EDWIN C. 3c3. In this lecture, l've learned the distinction between Amendment and Substitution. In Amendment, it is contained of formal and substantial changes and these amendments can be effected without leave of court. Amendments also is not required a another preliminary investigation. While in Substitution, it is contained of a substantial change to the original charge and it was needed with the leave of the court. In Substitution of the information, according to the rules, it is needed a another preliminary investigation. Another the I've learned was what matters subject to amendment was those information that is valid. Next that I also leaned what are those matters and the things that might be considered to have a formal amendment. In the topic of procedure for amendment, I learned that when the amendment was made before plea, whether formal or substantial amendments it can be made without leave of court. And when after plea and during trial it can be made with leave of court. In the topic of " Venue for the institution of Criminal Actions" I learned that the crime that violated was can only file where the crime or the offense was committed and the exceptions. In the topic of Intervention of the offended party, I learned that Civil liability that arise in the case was instituted in the together with the criminal liability. Also I also learned the exceptions.
GARCIA, RUIZ V. 3C2 There are two types of amendments: procedural and substantive. Before the accused makes his plea of guilty or not guilty, the prosecution has the freedom to change the case or evidence without demanding leave of court. It would therefore not necessitate a new preliminary examination or the entry of a confession by the convicted. Substitution, on the other hand, is a significant departure from the initial reform. Since the original information must be deleted and a new one submitted in court as a substitute, it must be done with court permission. If the allegation or evidence has been altered or replaced, a new investigation will be conducted, and the complainant will be required to enter a new plea to be arraigned again. In the case of an addition, the accused could argue double jeopardy if the initial allegation was dropped, while in the case of a replacement, the added evidence with a separate offence that was not used in the original accusation, the accused could not claim double jeopardy.
Mitra, Dominic Louis M. 3c4 In this lesson, I have learned the ff: The disiction between amendment and substitution of complaint or information. Amendment may involve either formal or substantial change. However it is always substantial change in substitution. Amendment before the plea is entered can be effected w/o leave of courtand will not require another prelimenary investigation and retaking of plea. On the other hand, substitution of info. Entails another prelimenary investigation and plea (re arraignment). Matters subject to amendment Only valid info and info filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect. Formal amendment is made when it neither alters or affects the nature of the offense charged. The charge does not deprive the accused of fair oppurtunity to present his defense. Additional allegations which do not alter the prosectutions theory of the case so as to surprise to the accused and effect the form of defense he has or will assume. Effects of formal amendment: there is no need for another prelimenary amendment and retaking of the plea of the accused if such were already conducted. I also learned the procedure of amendment, When it is made before the plea, it may formal or substantial amendment without the leave of the court. When it says the substantial amendment, it downgrades the nature of the offense or excludes the accused from the complaint or information and must be upon the motion of the prosecution, with notice to the excused and with the leave of the court. Also when it is During the trial and after the pleas, in formal amendment, it is made without the leave of court and not prejudice the rights of the accused. Period when substitution is proper, anytime before the judgement that a mistake has been made in charging the offense. The court shall dismiss the original complaint and the accused shall mot be placed in double jeopardy. Venue for the institution of criminal actions It shall be instituted and tried in the court or teritory where the offense was committed or any of its essential ingredients occured. The exemptions of this rule are 1) offense was committed on a rail roal train, aircraft or any public or private vehicle in the course of trip. 2)where the offemse committed on board a vesel on its voyage 3) felonies under art 2 of the RPC 4)continuous or transitory crimes 5)piracy 6)libel 7)BP 22 cases "bouncing check"
Villasorda, Israel Jire R 3c4 BSCRIM Thank you po Atty, the following are the summarization of the lesson that was discuss and some of the key point or highlights: The term amendment may involve either a formal or a substantive change. Before the accused enters his plea of guilty or not guilty without the leave of court, the prosecutor has the right to amend. It does not necessitate a new preliminary investigation. If it is based on the same allegation, and the accused can claim double jeopardy.The substitution is often substantial and must be done with the leave of court, so the original allegation or information must be withdrawn and replaced in court. In the absence of a complaint or information, a preliminary examination must be undertaken, and the accused must be arraigned again. Double jeopardy refers to a situation in which a person is tried twice for the same crime. Formal amendment and Substantial Amendment Formal amendments are those that do not change the substance of the crime charge, such as the accused's name spelling. The alteration in the information or complaint would have no effect on the defense theory. It is a formal amendment, if the amendment makes no surprise to the accused's innocence or guilt. When there is a substantive amendment, it includes matters such as the recital of evidence constituting the crime alleged and the determining of the court's jurisdiction. The allegation of evidence constituting the crime, as well as any changes to the nature of the offense, the law violated, or the essential ingredients, are all considered substantial amendments. When the scope of the offense changes, such as moving the court from RTC to MTC, a substantial amendment occurs. Procedure for amendment Without the leave of court, both formal and substantive amendments may be made before the plea, unless a substantive amendment decreases the nature of the crime charged or eliminates any accused from the complaint or information. Formal amendments can only be made after the plea and during the trial with the permission of the court and without jeopardizing the accused's rights. Before a plea, whether formal or substantive, an amendment is made. Except in cases of substantial amendment, such as when the nature of the crime is downgraded or when either of the accused is excluded from the complaint or information, it may be done without court leave of the court, if the three conditions are met: upon motion by the prosecution, with notice of the accused, leave of court or permission from the court Upon arraignment, an amendment to the information changes the nature of the offense. As a general rule, after arraignment, the prosecutor cannot amend the information because it will prejudice the accused's significant rights. It means that, in most cases, the prosecutor cannot amend the information after the accused has entered his plea because it will adversely affect the accused's substantive rights. Period when substitution is proper During the trial, substitution is carried out. If, for example, you are proving the case of a homicide complaint and the evidence leads to another crime that is more appropriate during the course of the trial, the court would allow the original complaint to be changed for a new one depending on the evidence established. The venue for criminal prosecution is jurisdictional, which means that complaints and information could only be submitted in the court in which the crime was performed or any of the essential elements occurred.
BALATASO, MIKAELLA 3C2 THANK YOU PO ATTY. REYES The summary of the video lecture that I've learned is the following: * Amendment of substitution of complaint or information which is amendment that include either formal or substantial changed while the substitution is involves substantial change from the original chance. * Matters subject to amendment which is only valid may be amended. * Formal amendment talks about 3 steps how amendment made * Effects of forma amendment there is no need for another preliminary amendment and retaking of plea * Additionally the substantial amendment there is an amendment substance where it courts matters involving. *As well also discussing about the procedure of amendment, further amended in the information which downgrades the nature of the offense the prosecution should file a motion for leave of court which notice to the offended party. * Amendment in the information which charges the nature of the crime after arrangement. * Period when susbstitution is proper if it appears anytime before judgment that a mistake was been made in charging the proper offense. Additionally substitution is done during trail * Venue of criminal actions where is discuss about the general rule and exemption the exception has composed of seven grounds. * Intervention of offended party which is the general rule the offended party has the right to intervene it counsel action where the civil action pursuant to rule (sec,16 rule 110) and also the exeptions that has 3 grounds.
FAJANILAN, KRISTEL ANNE C. 3C1 Thankyou Sir In this lesson, I've learned that an amendment of the complaint or information may involve either formal or substantial change. On the otherhand when a party will substitute the complaint or information, it will always involve substantial change from the original change. Amendment can be formal or clerical change or substantial change whereas substitution is always and always substantial. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the compaint or information as a matter of right even without seeking permission from the leave of court. In case of substitution, it must always be done with leave of court since the original complaint or information will have to be withdrawn and will be filed in court as a replacement. If the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter plea so there will be re-arraignment. In case of amendment there is no need for preliminary investigation but in case of substitution of the complaint od information then another preliminary investigation must be conducted and accused must be arraigned once more. Matters subject to Amendment As a rule only valid information can be amended in court. If the information is void, is a total nullity then you cannot amend it because only a valid information can be amended. A void information does not exist in legal complation and therefore there is no amendment that cane be affected in a void information Formal Amendment 1. A formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charged and thereforw can only be considered as a formal or an unsubstantial amendment of the complaint of information. 2. The theory of defense will not be affected hy the change in the complaint of information Note: As long as the amendment will not create a suprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as a fornal in nature. Substantial Amendment When the amendment pertains to the allegations of facts constituting the offense. For example if you change the allegation as to change the nature of the offense or the law violated (essential ingridients of the crime) then it is considered as substantial amendment or when amendment is determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example if the amendment will change the penalty impossable or the nature of the offense that will change th jurisdiction from the RTC to the MTC the it will be considered as a substantial amendment. Procedure for Amendment Amendment can be made before plea both in formal and substantial amendment without leave of court. Before plea without leave of court upon motion by the prosecutor and with notice to the accused, with leave of court however after the accused has enters his plea of guilty and during trial formal amendment can only be made with leave of court and without prejudice to the rights of the accused. Amendment is made before plea whether or not formal or substantial. It can be done without leave of court except in cases of substantial amendment when it downgrades the nature of the offense or when it excludes any of the accused from the compaint or information the it can only be done upon compliance to the three requirements: (1) upon motion by the prosecution (2) with notice of the accused (3) leave of court or permission from the court. Amended in the information which changes the nature of the crime after arraignment As a rule the prosecutor cannot amend the information after the accused had entered its plea or his plea because it will prejudice the substantial rights of the accused Period when substitution is proper Substitution is done during trial. For example you are proving the case of a complaint for a homicide and then during the course of a trial the evidence would lead to another offense which is more proper then the court will allow substitution of the original complaint upon the filling of a new one depending upon the facts established. Venue for the Institution of criminal actions Venue in criminal cases is jurisdictional which means that the complaint and informatiom can only be filed in the court where the offense was committed or any of the essential ingredients occured. Intervention of offended party in criminal action If a criminal complaint is file in court, the civil liability ex delicto or the civil liablity arising from the crime is jointly instituted as that of the criminal action
OCAMPO JOHN LOUIE D. 3C1 Thank you sir, in this video lecture I've learned the procedures in amendment and substitution. MATTERS SUBJECT TO AMENDMENT As a rule only valid information may be amended in court. If the information is void you cannot amend it because only a valid information can be amended. A void information does not exists in legal contemplation therefore there is no amendment that it can be affected in a void information. FORMAL AMENDMENT A formal amendment is made when: (1). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (2).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (3). It does not involve a change in the basic theory of the prosecution. Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature. Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense for example if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example is if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment. PROCEDURE FOR AMENDMENT Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Upon motion by the prosecutors and with notice to the excused. After plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused. Amendment in the information which changes the nature of the crime after arraignment General Rule: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. It means as a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused. PERIOD WHEN SUBSTITUTION IS PROPER Substitution is done during trial. For example is in case of proving complaint for homicide and during the course of trial the evidence would lead to another offense which is more proper then the court will allow substitution of the original complaints upon the filing of a new one upon depending the facts establish in court.
ENDONILLA, AVEGEL U. 3C1 Good day! Thank you Sir for this video lecture. This lecture discuss about the amendment vs substitution. In which the prosecution has the right to amend complaint or information as a matter of right, even without seeking leave of court, before the accused enters his plea of guilty or not guilty. Amendments either involve formal or substantial changes and do not necessarily require a new preliminary investigsation or the seeking of the accsed's plea. Substitution involves a substantial change from the original which means the original information has to be withdrawn and another one will be filed in court as a replacement. Formal amendment is a change in the nature of an allegation or facts that does not affect the basic theory of the prosecution. It can take place if the charge does not deprive the accused of an opportunity to present his defense, and does not alter the substance of the case. A formal amendment does not cause the accused to be surprised when presenting their case. Procedure for amendment changes to the charge of facts in a criminal case only made after the accused has entered a plea and if they do not jeopardize the accused's rights. If an amendment is made before plea, whether formal or substantive, it can be done without the permission of the court. However, substantial changes that reduce the scope of the crime or remove any of the accused from the charge are only allowed if the three conditions are met. Substantial amendment is a material that involves matters relating to the recital of facts constituting the alleged crime in deciding the court's jurisdiction. Period when substantial is proper anytime before the judgment that a mistake in charging the offense has been made. The original complaint will be dismissed, and the accused will not face double jeopardy. Venue for the institution of criminal actions must be instituted and tried in the court or territory where the offense or any of its essential elements occurred. The following are the exceptions to this rule: the offense was committed on a railroad train, aircraft, or any public or private vehicle during the course of the trip; where the offense was committed on board a vessel while it was en route; felonies under RPC Art.2; persistent ot transitory offenses; piratery; libel; an BP 22 cases "bouncing check".
ALAVREZ, JONEL L. 3C2 In this lecture, I have learned the distinction between the Amendment and substitution wherein, the amendment may involved either formal or substantial changes. there is no need to preliminary investigation while substitution involves substantial changes from the original charge but in case of the substitution of complaint another preliminary investigation will be conducted and the accused may be arraign once more. - the matters to amendment as to rules, only valid information may be amended in the court of law. However, if the information is being void the amended is no longer been applicable.
TICZON, KENT STEVEN B. 3C3 I learned about the amendment vs substitution on learning this topic amendment is done by either formal or substantial statement and the substitution is involves substantial change from the original charge. The double jeopardy is the accussed twice in the same offense. Next is the matters subject to amended I learned that it is only valid information may be amended. The formal amendment it neither affects nor alters the nature of the offense charged. Forma amendments is there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. The substantial amendment is covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. Example case are libel The general rule of amendment in the information which changes the Nature of the Crime Arraingment is the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused also the substation is done after the trail. Also there are limitations on the substitution I learned also the venue for the institution of Criminal Actions as if the general rule is subject to existing laws, criminal action shall be instituted and tried in the court of the municipality of territory where the offense was commited of if it’s any essential occurred. Lastly is the Intervention of Offended Party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action.
Dizon, Jessica B. 3c3 Bs Crim Thank you sir. In this topic I'ved learned the differences between the Amendments and Substitutional of complaint. Amendment defined as a formal or substancial changes. the amendment before the plea is entered can be affected without leave the court. Amendment as to form will not require another preliminary investigation and retaking plea of the accused. while the substitution it must be always done with the leave of the judiciary. While in a formal amendment its either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. Also the charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his/her defense. The theory of defense will not be affected by the change in the complaint or information. And lastly it does not involve a change in the basic theory of the prosecution. While the substituion it defined as the substancial changes from the original charged.And it must be with the leave of the judiciary as an original information to be dismissed.
In this video, I learned about the difference between an amendment and a complaint, where an amendment can be either substantial or formal, whereas a substitution can be either formal or substantial. Also, an amendment can be either formal or substantial, whereas a substitution can never be either formal or substantial. Furthermore, amendments can be made prior to the plea without the need for court permission; however, substitutes must always be done with court permission in order to withdraw the first complaint or information made and replace it. The amendment does not require preliminary investigation; however, it is required in substitution. However, the amendment information must also and shall contain the same case as the first information made; otherwise, it will not be the same and will be a different case to do so; if you file this case again, the accuser may invoke double jeopardy. Only valid information can be amended, not void information that does not exist in legal contemplation. With regards to formal amendment it is made when (a) either it affects or alters the nature of the offense charges (b) the charge does not deprived accused of fair opportunity to present his defense. A formal amendment can also take place when the church does not deprive accused of a fair opportunity to present his defense. (c) it does not involve the change in the physical beauty of the prosecution Note: as long as the amendment will be not create a surprise on the part of the accused on presenting or braving the innocence the amendment will be considered as a formal in nature.Substantial amendment is presented when an amendment in substance covers matter that involves the recital of facts constituting the offense charged and the determine if of the jurisdiction of the court . When amendment refers to the allocation of facts constituting the offense to change the nature of the offence or the law violated is what we call the essential in ingredients of the crime then it will be considered as substantial amendment. When amendment will be determined at each of the jurisdiction of the court then it will be considered as substantial amendment The procedure for amendment, in which amendment can be made from clay formal and substantial amendment even without the leave of court accepted in cases of substantial amendment that downgrades the nature of the offense charged or excludes any accused from the complaint or information period also upon the prosecutor's motion and with notice to the excuse after the plea and during the trial for the excuse after the plea and during the formal trial, I mean that can only be mid with the leave of court without causing prejudice to the accused's right. Furthermore, after the arraignment, amend the charge as well as the nature of the crime in the information. As a general rule, the prosecutor does not have the authority to amend the information after the arrangement because it would jeopardize the accused's substantial rights. This simply means that the prosecutor cannot amend information after the accused has entered his plea because it would jeopardize the accused's substantial rights. In institutional cases, the venue is jurisdictional. The complaint in information can only be filed in the court where the offense occurred; the exception is when the offense occurred in a railroad, aircraft, or any public or private vehicle, or when the offense occurred on a vessel or voyage. PONTIGA, JHENNIE 3C2
CONSEBIDO, MARIE GEORGE M. 3C2 AMENDMENT VS SUSTITUTION Amendment may involve either formal or substantial changes, while substitution necessarily involves a substantial change. 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.
DEL MUNDO, SHAINA D. 3C4 In this topic I've learned the amendment involve either formal or substantial changes. When you say amendment formal or clerical or substantial change. Substitution always done with leave of court as the since original information has to be dismissed as a replacement. In case of amendment there is no need for another preliminary investigation but in case of substitution of the complain then another preliminary investigation must be conducted and the accused must be arranged once more. Matters subject to amendment - only valid information may be amended. Formal amendment - neither affects nor alters the nature of offense - the charge does not deprived the accused of fair opportunity - does not involve the change of basic theory of prosecution. When amendment is terminative of the jurisdiction of the court then it will be considered as substantial amendment. Procedure for Amendment - can be made before plea both n formal or substantial amendment without leave of court. - before plea or after plea of the trial. Venue on Criminal Actions Is jurisdictional that means that the complain or information can only be filed in the court where the offense is committed. Intervention of Offended Party Under Article 100 of revised penal code, for every crime their is corresponding civil liability. The civil liability arising from the crime is impliedly instituted with the criminal action in court which is why the offended party can intervene in a criminal action.
ROQUE, ALEXANDRA 3C2 This topic taught me what to do if there is something to change or substitute in a complaint or information. When there is something to amend in a complaint or information it involves formal or clerical change while when substituting it only involves substantial change. Also, amendment before the plea can be effected without the leave of court. While substitute is always done with leave of court in order to withdraw the first complaint or information made and replace it. In amendment, preliminary investigation is not required but in substitution it is needed. The amended information should also be about the same case as the first information made, otherwise, it will be a different case, and if you file it again the accused could invoke double jeopardy. While in substituting an information, the new information should have a different offense that is now what is on the original charge so the accused cannot invoke double jeopardy. Those that can amended are only those valid information and not those void information because void information does not not exist in legal contemplation. A formal amendment are those that do not affect the nature of the offense charge such as the spelling of the name of the accused. Also when the theory of the case does not affect the change that is made in the complaint or information. As long as the amendment that is made does not surprise the accused that is about his innocence or guilt then it is a formal amendment, Substantial amendment is when there is changing of the offense, and the jurisdiction of court when the nature of the offense change like changing the court from RTC to MTC. Before a plea, you can make a formal amendment and substantial without leave of court. Substantial amendment which downgrades the nature of the offense change and is made upon the motion of a prosecutor and with notice to the excused. While after plea and during trial there is only formal amendment with leave of court and it should not prejudice the rights of the accused. Amendment in the information which changes the nature of the crime after arraignment. The prosecutor cannot amend the information after arraignment because it will prejudice the substantial rights of the accused. Period when substitution is proper. There is a mistake in the charging of the proper offense. Substitution can be done during trial. Venue for the institution of criminal action. Complaint and information can only be file in the court where the offense was committed. The exception is when it was committed on a railroad train or aircraft, or on board a vessel.
DAPULANO, YSABEL R. 3C2 Good day sir! I'm done watching the video. Thank you so much for this very informative video. The things I learned are about amendment, substitution, the process of formal amendment and its effect, and lastly is the venue AMENDMENT ➢ May involved either formal or substantial changes. ➢ Amendment before the plea is entered can be effected without leave of court. SUBSTITUTION ➢ Involves substantial change from the original charge. ➢ It must be with leave of court as the original information has to be dismissed. FORMAL AMENDMENT- there is no need for another preliminary investigation and retaking of the plea of the accused if such already conducted EFFECTS OF FORMAL AMENDMENTS: ➢ there is no need for another preliminary investigation and retaking of the plea of the accused if such has already been conducted. SUBSTANTIAL AMENDMENT ➢ There is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court Arraignment- is the process where the information of or complaint is read in the presence of the accused and then the court will ask the accused what is the plea; guilty or not guilty. VENUE FOR THE INSTITUTIONS OF CRIMINAL ACTIONS GENERAL RULE: “Subject to existing laws, criminal laws, criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred (Section 15, Rule 110)
Hila, Erika Aira A. (3C4) Good Day Sir! In this lesson I've learned the difference between amendment and complaint. Amendment may involved formal or substantial. Amendment can be affected before the plea without the leave of the court period, substitute will always be done with leave of the court to be able to withdraw the first complaint and information made and replaced it. Preliminary investigation is not required in the amendment instead it is needed in substitution. Amendment information must also contain same case as the first information made, otherwise it will be the same. If ever you will file again this case at accuse can be double jeopardy. Formal amendment can be made provided it is with leave of court and it does not prejudice the rights of the accused.
Timbas Rio Vanessa M. 3C2 -i learned in this video lecture in what is the difference if amendment and substitution and the following; Amendment -It includes formal or replacement modifications - Amendments can be made before the plea is entered without the need for approval from the court (prosecution can amend) - It does not necessitate a new preliminary examination or the accused's retaking of his or her plea. -Refers to the same crime charged in the information or an offense charged in the initial information that cannot be made over the accused objection, thus invoking the double jeopardy. Substantial - it involves substantial change for the originsl charge and it must be done with the permission of the court so the initial evidence must be dismissed - It necessitates a new preliminary investigation and a plea of new information. Matter subject to amendment there are 2 matters first is only valid Information may be amend, and an information filed before the effectivity of the law the punishing in the offense may not be amended after the law had come into effect. Formal Amendment -When it has no effect on the essence of the crime committed, it is made. -Formal information includes something that isn't directly related to the allegation or information. Substantial Amendment -when there is substance that covers matters concerning the recital of facts constituting the offense charged determining the court's jurisdiction. Period when substantial is proper - period of substitution is proper it appears any time before judgement 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, provided the accused shall not be placed in Double Jeopardy. -limitation on this substitution and when it is not proper is no judgement yet been rendered , the accused cannot be convicted of the offense charged or of any other offense necessarily included therein, and also the accused would not be placed in double jeopardy. Venue for the institution of criminal actions -General rule stated that in Sectiin 15 rule 110, Subject to exist9ng law, criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed. Exception when an offense was committed on a railroad, aircraft or a vehicle used for a trip, on board of a vessel on its voyage,third is felonies under Article 2 of the RPC (EXTRA TERRITORY) next is the continous or trabsitory crimes, the Piracy and Libel and. BP 22 or Bouncing Checks where a criminal action that check has been dishonored or issued. Thank you Atty. and Godbless you always 😊
AMENDMENT OR SUBSTITUTION OF COMPLAINT OR INFORMATION AMENDMENT VS. SUBSTITUTION 1. In amendment, it may involve either formal or substantive charges. While substitution may involve substantial charges from the original charge. 2. An amendment before the plea is entered can be effected without leave of court. It is done before the accused plea that he is guilty or not guilty. This is when the time that the prosecutor has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. On the other hand, substitution must always be with leave of court as the original information should have to be withdrawn and the other one would be filed in the court as replacement. 3. Amendment as to form will not require another preliminary investigation and retaking plea of the accused. However, the substitution of the information entails another preliminary investigation and plea to new information. Here, if the complaint or information has been changed or substituted then it will entail another preliminary investigation than the accused have to make another plea with is called re-arraignment. 4. An amended information relies to the same offense charged and the original charged. Hence, substantial amendment to the information after the plea has been taken cannot be made over the objection of the accused. If the original could be withdrawn, the accused can invoke double jeopardy. In contrary, substitution requires or presupposes that the new information involves a different offense which does not include or is not necessary included in the original charged. Hence, the accused cannot claim double jeopardy. MATTERS SUBJECT TO AMENDMENT Only VALID INFORMATION may be amended (in court). - If the information is a total nullity then you cannot amend it. - A void information does not exist in legal contemplation. Therefore, there is no amendment can be affected in void information. The information filed before the effectivity to the law punishing the offense may not be amended after the law had come into an effect. FORMAL AMENDMENT It is made when: 1. It neither affect nor alter the nature of offense charged. Example: A formal amendment on the name of the accused or of the spelling of the accused name will not affect the nature of offense and is considered as formal or substantial. 2. The charge does not deprive the accused of a fair opportunity to present his defense. 3. It does not involved a change in the basic theory of prosecution. NOTE (BOTTOMLINE): As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as formal in nature. EFFECTS OF FORMA AMENDMENT - No need for preliminary investigation and retaking the plea of the accused if such will be conducted. SUBSTANTIAL AMENDMENT - There is an amendment in the substance where it cover matters involving the recital of facts constituting the offense charged and determining the jurisdiction of the court. - When the allegation pertain to the fact constituting an offense. Example: You change the nature of the offense or law violated (essential ingredients of the crime) then it is considered as substantial amendments or when the amendment is the nature of the jurisdiction of the court then it will be considered as Substantial Amendment. - If the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as the substantial amendment. Example: If the crime of Cyber Libel as defined by the Article 352 of the RPC in relation to R.A. 10175 or the Cyber prevention in the Philippines. Here, if you amended the complaint the information to change it into unjust vexation then it will change the jurisdiction of the RPC. Because unjust vexation can only be tried before the MTC or the first level court therefore, the amendment will bring the charged as to the jurisdiction of the court then such amendment will be considered as substantial one. PROCEDURE OF AMENDMENT Before Plea (Amendment) - FORMAL and SUBSTANTIAL that is made without the leave of the court. Before Plea (Substantial Amendment) (a) Downgrades the nature of offense charged - The prosecution should file a motion for leave of court without notice to the offended party. - Protection of the interest of the offended party and to prevent possible abuse by the prosecution. (b) Excludes any accused from the complaint and information This is made: (1) Upon motion (2) With notice to the excuse (3) With leave of court After Plea and During the Trial - Formal amendment is made without the leave of court and without causing prejudice to the rights of the accused. AMENDMENT IN THE INFORMATION WHICH CHANGES THE NATURE OF CRIME AFTER ARRAIGNMENT GENERAL RULE - The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. - The process of amendment will first start in the arraignment (the process wherein the information or complaint is red in the presence of the court) then asked what is his or her plea (guilty or not guilty) then the accused can enter this plea. EXCEPTION - When the fact supervenes which changes the nature of the crime charged in the information and upgrades it to a higher crime, the prosecutor with the leave of court may amend the information alleged to such supervening facts and upgrade the crime charge to a higher crime brought about such supervening facts. PERIOD WHEN SUBSTITUTION IS PROPER - If it appears 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 new one changing the proper offense provided the accused shall not be placed in double jeopardy. LIMITATIONS ON SUBSTITUTION 1. No judgment has not been rendered 2. The accused cannot be convicted of the offense charged or of any of the offense necessary included. 3. The accused would not be placed in double jeopardy. VENUE ON CRIMINAL ACTIONS - The venue is jurisdictional which means the complaint and information can only be filed in the court where the offense was committed. INTERVENTION OF THE OFFENDED PARTY - Under ARTICLE 100 of the RPC, for every crime there is a corresponding civil liability since the omission of the crime comes with civil liability then the private offended party can intervene in the prosecution of the crime.
CAPONPON, ELLIEN H. 3C3 I've learned in this lesson are: Amendment is may inlove either formal or substantial charge, also amendment before the plea is entered can be effected without leave of court. While substitution involves substantial changes from the original change and it must be with leave of court as the original information has to be dismissed. The prosecution has the right to amended the complaint or information as a matter right even without seeking the permission from leave of court. If the complaint or information has been changed, then it will be entale another preliminary investigation and the accused have another plea. Matters subject to amendment is only valid information maybe amended. An information filed before the effectivity of the law punishing the offense may not be amended after the law had come into the effect. A formal amendment is made when it neither affect nor alters the nature of the offense charge. The change does not deprived the accused of a fair opportunity to present his defense. And it does not involve a change in the basic theory of the prosecution. The effects of forma amendment is there is no need for another preliminary amendment and retaking of the plea of the accused if such was already conducted. The prosecution should file a motion for leave of court with notice to the offended party. This is the prosecution of the interest of the offended party and to prevent possible abused by the prosecution. Arraignment it is a process where in the information or complaint is read in the presence of the accused and the court will ask the accused what is your plea, guilty or not guilty this is the process of amendment. The period when substitution is proper is if it appears anytime before judgement that a mistake has been made in charging the proper offense, the court shall be dismissed the original complaint or information upon the filling of a new one charging the proper offense, provided the accused shall not be placed in double jeopardy. The limitation of substitution is no judgement has been rendered, the accused cannot be convicted of the offense charged or of any other offense necessarily included there in and lastly is the accused would not be placed in double jeopardy.
In this video lecture about criminal procedure regarding amendment or substitution of complaint or information , amendment is a formal,clerical or a substantial changes but in substitution it is always a substantial changes . I also understand the matter subject to amendment, in formal amendment the name of the accused of the spelling of the name will not affect the nature of offense charge. And therefore, it can only be considered as a formal or an substantial amendment. Also the theory of defense will not be affected with the charge in the complaint or information I learned and become knowledgeable about the step by step procedure of amendment. Also i learned about the limitation on substitution, that substitution is done during trial. Regarding to the Intervention of offended party in criminal action pursuant to rule 111(sec.16, rule 110) if a criminal complaint is filed in court the civil liability ex delicto or the civil liability arising from the crime is jointly instituted as that criminal action. Bs criminology 3c2.
Good day po sir! Done watching po, In this video I've learned about the amendmdnt and Substitution. In amendment may involve either formal or substantial changes while the substitution it must be with leave of coirt as the original information has to be dismissed. Effects of Formal Amendments- is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Substantial amendment- is an amendment in substance where it covers matter involving the recital of facts. SUAYAN, NIKKI B. BSCRIMINOLOGY 3C2 THANKYOU PO
Rivera, Kayceline B. (3C3) In this lesson, I've learned that amendment of complaint or information is formal and substantial change while substition only posses substantial changes. Additionally, amendment before the plea can be done without leave of court while substition requires leave of court for its to be legal. Also, when it comes to preliminary investigation amendment doesn't require it while substition is still needed to undergo a preliminary investigation. The amendment will considered as as formal nature if the amendment will not create a surprise on the part of the accused in presenting his innocence. And substantial information occurs if their a changes on the alligation and it's normal offense of the violator. When it comes to rulling only valid information can be amended in court. If the information is void then you cannot ammend it since void information does not exist in legal contemplation. As a general rule, the prosecution can no longer amend the information after arraignment since it prejudice the right of the accused. However there's an exception and that is when a fact supervenes change the nature of the crime charged in that information upgrade its in the higher crime.
Amendment vs Substitution Amendment can be formal or clerical change or substantial change whereas substitution is always substantial. Before the accused enters his plea guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In case of substitution must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. If the complaint or information has been changed then it will entail another preliminary investigation and the accused will have to enter another plea. In case of substitution it requires that the new information involves a different offense which is not included in the original charge hence the accused cannot claim double jeopardy which means that the accused is prosecuted twice for the same offense. Only a valid information can be amended in court, if the information is void then you cannot amend it because only a valid information can be amended. The amendment does not require preliminary investigation; however, it is necessary in replacement. The amendment information, on the other hand, must and shall contain the same case as the original information; otherwise, it will not be the same and will be a different case to do so. If you file this case again, the accuser may invoke double jeopardy. Valid information can only be amended and not those void information because it is not existing in legal contemplacion. Formal amendment can be made provided it is with leave of court and it does not prejudice the rights of the accused. It is permissible to substitute at any time prior to judgment, and it is done during the trial. For example, if a murder charge is filed and the evidence leads to another crime that is more appropriate during the trial, the judge will allow the original complaint to be replaced by a new one based on the facts established in court. Venue on criminal Actions A criminal case must be filed and tried in the municipality or territory's court; it is jurisdictional; a criminal action must be conducted in the location where the crime was committed or is currently occurring; this is covered in the first subject, territoriality. If the felony or crime was committed on a freight train when it was on its way, you will file a lawsuit in the location where the train passes by. DE GUZMAN, KIMBERLY M. 3C1 BS CRIMINOLOGY
RIVERA, MARY ROSE H. 3C4 Good day sir! In this discussion, as summarization of learnings what I've learned are: Amendment - it can be formal or substantial change. Before the accused entered his/her plea, the prosecution have the right to ammend the information or complaint as a matter of right even without seeking permission of leave of court. On the other hand, substitution is must always done on leave of court complaint and information should be withdrawn and have another one as replacement. If complaint or information has been change, it must have another preliminary investigation and the accused must have another plea. Rearrangement takes place in substitution, while in ammendment it does not required another preliminary ammendment and retaking of plea of the accused. Double jeopardy - a situation where the accused tried twice with the same offense. Matters that was subject for ammendment, only valid information should be ammended. FORMAL AMMENDMENT - it is made when it neither affects the nature of the effects charge. The theory of defense will not be affected by the change in ammendment of complaint or information. As long as the ammendment will not create a surprise on the part of the accused in presenting or proving innocent then the ammendment will considered formal ammendment. There is no retaking of plea or no need for another preliminary ammendment. While SUBSTANTIAL AMMENDMENT is when the ammendment pertains to the allegations of facts constituting the offense charged and determinative of the jurisdiction of court. PROCEDURE FOR AMMENDMENT Ammendment will be made before plea both substantial and formal ammendment, which downgrade the nature of ten offense, three requirements will be met: without leave of court, upon motion of the prosecutor, with noticed to the accused, and with leave of court. However if ammendment made after the accused has entered his plea and during trial, formal ammendment can only be made with leave of court and without causing prejudice to the rights of the accused. As a general rule, the prosecutor can no longer ammend the information after arraignment as it would prejudice the substantial rights of the accused. Also the period when supervision is proper it happens when during trial the evidence that was found will lead to another case which is more proper then the court will allow substitution of the original complaint upon the filling of a new one depending on a fact established in court. And also in this video lectured the VENUE OF CRIMINAL ACTION, discussed, as a summary of learnings I learned the following, as we recalled it was already delivered to us in the first part. According to Section 15, rule 110, as a general rule, subjecting to existing laws, criminal actions shall be instituted and tried in the court of the municipality or territory where the offense is committed or any of it's essential ingredients occur. Means that the complaint or information may be filed in the court where crime happened. But there are exceptions. Intervention of offended party in criminal actions, according to Rule 111,(section 16, rule 110) as a general rule, the offended party has the right to intervene its counsel in the prosecution of criminal action where the civil action for the recovery of the civil liability is instituted in the criminal action. When the criminal action is instituted in court then civil liability jointly instituted. Exceptions, 1.) When crime committed is against national security e.g, rebellion, treason, sedition, 2.) The offended party waived the right to civil indemnity and 3.) If the offended party already instituted a separate civil action.
MONSERRAT, MARIA CECILIA C. 3C1 Thank you Sir. In this lesson I've learned that: AMENDMENT - Is may involve formal or substantial - An amendment information is an offense that charged in the original information or an offence which is necessary include the original charge. - And before the accused entered his plea of guilty or not the prosecution has the right to amend to a complaint or information has matter of right even without seeking permission from LEAGUE OF COURT - The accused could invoke double jeopardy - No need a preliminary Investigation. SUBSTITUTION - It involves the substantial changes from the original changes; if the complaint or information has been change or substituted it will entailed another preliminary Investigation and the accused have to make another plea or to enter their pre arraignment - Requires that the new information involves different offense does not include or not necessary include original charge. - The accused CANNOT claim double jeopardy; that double jeopardy is the accused are prosecuted twice it offense. MATTERS SUBJECT TO AMENDMENT - On this matter, according to the rule, only vid information may be amended, because if the information is void the totalnility is it cannot be amend because ONLY VALID INFORMATION are can be amend. NOTE: That VOID INFORMATION are does not exist in legal contemplation, there is no amendment is can be affected in void information. - An information before the effectively of law punishing the offense it not be amended after the law come into effect. FORMAL AMENDMENT - It is made when affects or alters the nature of the offense charges, the charged does not deprive the accused of fair opportunity to present his defense, and does not involve a change in basic theory of PROSECUTION. - There is no need another preliminary investigation and retaking of plea of the accused is such already conducted. - EXAMPLE IS: The FORMAL AMENDMENT on the name of the accused or the spelling of the name of the accused will not effect the nature of the offense charged therefor it can only considered as a formal or an substantial Amendment of complaint and information. - That the theory of defense is not be affected with the change pf complaint and information. NOTE: That as long the amendment will not create a surprise on the part of the accused in presenting or proving his innocence will be considered FORMAL AMENDMENT. SUBSTANTIAL AMENDMENT - There is no amendment in substance where It covers matter involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. - When the amendment pertain the allegations of facts constituting the offense. - EXAMPLE IS; if the change the nature of the offense or the law violated called ISSENTIAL INGREDIENTS OF CRIME AND THE AMENMENT TERMINATIVE JURISDICTION OF THE COURT IS CONSIDERED SUBSTANTIAL AMENDMENT. NOTE: IF THE AMENDMENT WAS CHANGE THE PENALTY WAS IMPOSSIBLE ,AND THE NATURE OF THE OFFENSE WILL CHANGE THE JURISDICTION FROM RTC TO MTC IS CALLED SUBSTANTIAL AMENDMENT. EXAMPLE IS IN THE CRIME OF CYBER LIBEL THE AMEND THE COMPLAINT OR INFORMATION TO CHANGE TO IN JUST FIXATION IT WILL CHANGE THE JURIADICTION OF RTC, BECAUSE JUST FIXATION- IS ONLY FILED IN THE MINICIPAL TRIAL COURT AND TBERE FOR THE AMENDMENT WILL BRING CHANGES AS THE JUSRISDICTION COURT SUCH AMENDMENT. PROCEDURE FOR AMENDMENT - BEFORE PLEA the kind of amendment made was formal and substantial amendment and it was made without leave of the court and with leave of the court. - AFTER PLEA it is only the formal amendment was made, and it was made with leave of court and without causing prejudice to the rights of accused. · The amend in the informatiin which downgrades the nature the Prosecution should file motion for leave of court. In AMENMENT in the information which changes the nature of the crime after Arraignment, according to GENARAL RULE, that the prosecutor can be no longer amend the information after Arraignment as it would prejudice the substantial right of accused. But their have an exceptions is when the FAVTS SUPERVENES the changes the nature of the crime charged higher crime. ARRAIGNMENT- was it is the process wherein the information of complaint is read in the process of the accused and court will ask the accused what plea guilty or not guilty, then the accused his plea. NOTE: IN INTERVENTION OF OFFENDED PARTY “ every crime have corresponding civil liability according to Article 100 of RPC, AND IF THE CRIMINAL COMPLAINT FILED IN COURT THE CIVIL LIABILITY ARISING FROM THE CRIME IS JOINTLY INSTITUTED A CRIMINAL ACTION.
SUBIJANO, ARLENE V. 3C3 In this lesson, I've learned that: Amendment - may involve either formal or clerical change. - may require another preliminary investigation and retaking of plea of the accused. Substitution - involves substantial change from the original charge - will filed in court as a replacement - entail another preliminary investigation to the new information. Matter subject to amendment - only valid information may be amended Formal Amendment - it can take a place when the charges does not deprive the accused. Forma Amendment - there is no need for another preliminary investigation and retaking of the plea of the accused if such will already conducted. Substantial Amendment - determinative of the jurisdiction of the court. Procedure of Amendment * Before plea - formal amendment without leave of court - except for substantial amendment that downgrades the nature of charged upon motion by the prosecutor and with notice to the accused. And excludes any accused from the complaint or information with leave of court. * After plea and during trial - formal amendment with leave of court or without causing prejudice to the right of accused. Period when substitution is proper - done during trial - appears anytime before judgment that a mistake has been made on charging the proper offense. Value of criminal actions - shall be instituted and tried in the court of the municipality or territory where the offense was committed. Intervention of offended party - has the right to intervene it counsel int he prosecution of criminal action - civil action for civil liability. * Civil liability arising from the crime that is implied instituted with the criminal action in court.
OBLENA, CLEZL BETH R. Good day sir! I'm done watching your video presentation. This is what I have learned; • AMENDMENT - This May involved either formal or substantial changes. Amendment before the plea is entered can be effected without leave of court. While in SUBSTITUTION, It Involves substantial change from the original charge. It must be with leave of court as the original information has to be dismissed. FORMAL AMENDMENT- there is no need for another preliminary investigation and retaking of the plea of the accused if such already conducted EFFECTS OF FORMAL AMENDMENTS: there is no need for another preliminary investigation and retaking of the plea of the accused if such has already been conducted. SUBSTANTIAL AMENDMENT There is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court ARRAIGNMENT- is the process where the information of or complaint is read in the presence of the accused and then the court will ask the accused what is the plea; guilty or not guilty.
TAÑO, AIRA JOY M. (3C3) Thank you Sir, I have learned the differences between amendment and substitution wherein the amendment may involve either formal or substantial/clerical change whereas substitution is always substantial. Amendment before the plea is entered by the accused can be affected without leave of court, beofre the accused enter his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even whithout seeking of permission from court. In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and the another one will be filed in court as a replacement. An amendment as to form will not require another preliminary investigation and retaking of the plea of the accused, but if the complaint or information has been change or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter another plea (re-arrangement). Matters subject to amendment talks about the only valid information can be amended. A void information does not exist in legal contemplation so there is no amendment that can be affected in void information. In formal amendment, it is made when it neither affects nor alters the nature of the offense charge. Also, there is no need for another preliminary investigation. Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting. For example, if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment. The procedure of amendment, the amendment can be made before plea, both formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Upon motion by the prosecutors and with notice to the excused. However, after plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused Amendment in the information which changes the nature of the crime after arraignment. As a general rule, the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. However there is an exemption, when a super winning facts changes the nature of the crime in the information or upgrades it into higher crime. The period when substitution is proper is anytime before judgement, it is done during trial. For example is in case of a complaint for homicide and during the course of trial the evidence would lead to another offense which is more proper then the court will allow substitution the original complaints upon the filing of a new one upon depending the facts establish in court. Venue for the institution for criminal actions is jurisdictional means that the complaints and information can only be filed in the court where the offense was committed or any of the essential ingredients occurred.
CENTENO, JOSEPH RYAN ACE G. 3C1-BS CRIMINOLOGY Criminal procedure Part 3 Done watching po sir thank you po. In this video lecture I have learned a lot specially on Amendment or substitution of a complaint or information. I have learned that it is the changing of some parts of the complaint or information or the changing of the whole complaint or information in accordance to the rules on amendment or substitution of complaint or information. I have also learned the distinction between amendment and substitution. I had also learned about what is considered as Double Jeopardy. I had also learned about what is: -Formal amendment -The effects of forma amendments -Substantial amendment -The procedure for amendment -Amended in the information which downgrades the nature of the offense -Amendment in the information which changes the nature of the crime after arraignment. Its General Rule and its Exceptions. -The period when substitution is proper - The limitations on substitution I had also learned Venue of criminal actions. And its General Rule which is stated under (Sec. 15, Rule 110). And I had also learned its Exceptions. I had also learned the Intervention of offended party. And its General Rule which is stated under (Sec. 16, Rule 110). And I had also learned its Exceptions.
DONE WATCHING SIR SEMPIOJOSEMARI C 3C3 WHAT IVE LEARNED IN THIS LESSON ARE: AMENDMENTS - information refers to the same offense charged to the original or to an offense which necessarily includes in the original charge, the accused can involved double jeopardy . SUBSTITUTION- requires of purposes that the new information involves a different offense which does is not included or is not necessarily included in original charged ,hence the accused cannot claim the double jeopardy
John Romniel M. Robles 3C3 Criminology I'n this video I've learned the difference between the amendment and substitution. In an amendment of a complaint or information it involves either formal or substantial change.However, In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. Also Amendment may be formal or clerical change or substantial change whereas a substitution is always substantial. Amendment before the plea is entered by the accused can be affected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In amendment there is no need for preliminary investigation but in case of substitution of the complaint or information then another preliminary investigation must be conducted and the accused must be arraigned once more. In procedure for amendment it can can be made before plea, both in formal and substantial amendment without leave of court. Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. When you say before plea without leave of court upon motion by the prosecutors and with notice to the accused. However, after enter his plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of the accused. Amendment in the information which changes the nature of the crime after arraignment. 3 requirements -upon motion by the prosecution -with notice of the accused -with leave of court or permission from the court. The general rule is that the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. As a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused. The exemption is that when a supervening facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening fact. *LIMITATIONS ON SUBSTITUTION -This are the instances when substitution is not proper A. No judgment has yet been rendered; B. The accused cannot be convicted of the offense charged C. The accused would be placed in double jeopardy On the other hand, Venue in a criminal cases is jurisdictional. It means that the complaint or information can only be file in the court where the offense is committed. The general rule is that, in Subject to existing laws, criminal action shall be instituted in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred. EXEMPTION: An offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip. Where the offense is committed on board a vessel on its voyage. Felonies under the RPC - shall be cognizable by the proper court where the criminal action was first filed. Continuous or transitory crimes. Piracy- the venue of piracy, unlike all other crimes, has no territorial limits. It is triable anywhere Libel- the action may be instituted at the election of the offended or suing party in the municipality or city. In intervention of the offended the general rule is that the offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111. But he/she cannot intervene if from the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party such as sedition, rebellion, treason or any other crimes against the national security. And if the offended party waived the right to civil indemnity. Last if the offended party had already instituted separate action.
BICOMONG,RYAN GIMEL M. 3C1. Goodevening sir ,this are the lessons i learned in this lecture . A complaint or information may be amended, in form or substance, at any time before the accused enters his plea, without the need for court permission. A formal amendment may be made after the plea and during the trial only with the permission of the court and when it is possible to do so without jeopardizing the accused's rights. However, any amendment before plea that reduces the nature of the offense charged or excludes any accused from the complaint or information can be made only on the prosecutor's motion, with notice to the offended party and leave of court. General rule: Before entering a plea, a complaint or information may be amended in form or substance without the permission of the court. Exception: if the amendment reduces the severity of the offense or removes an accused from the complaint or information. In such a case, the following requirements must be met: 1. The amendment must be made on the prosecutor's motion and with notice to the offended party. 3. With the permission of the court 4. The court must state its reasoning in resolving the motion 5. Copies of the resolution should be provided to all parties, particularly the offended party.
DANILA, RODELYN C. 3C3 I've learned that Matters subject to ammendment Only valid information should be ammended. If the information is void, it cannot be ammended. The General rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial right of the accused. If the accused enter his plea, the prosecutor cannot ammend the information. The venue in criminal cases is jurisdictional. The information and complaints can only be file in the court where the crime was committed.
MIRANDA, RHEA MAE A. 3C4 Good Day sir! Thank you for the lesson. The following is the knowledge that I have learned in the video Amendment - may involve either formal or substantial changes Amendment before the plea is entered can be effected without leave of court Substitution - involves a substantial change from the original charge - it must be with leave of court as the original information has to be dismissed. A formal amendment is made when: 1. It neither affects nor alters the nature of the offense charged; or 2. The charge does not deprive the accused of a fair opportunity to present his defense; or 3. It does not involve a change in the basic theory of the prosecution. INTERVENTION OF OFFENDED PARTY Intervention of Offended Party in Criminal Action General Rule: "The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to Rule 111(sec 16, Rule 110). Exceptions: 1. From the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party, e.g. sedition, rebellion, treason (crimes against national security) 2. The offended party waived the right to civil indemnity; or 3. The offended party had already instituted separate action.
UMALI, ANGELICA JANE M. 3C2 I’ve learned the distinction between amendment and substitution. Amendment of the complaint or information may involve either a formal or substantial change. On the other hand, when a party will substitute the complaint or information, it will always involve some substantial change from the original charge. In addition, amendment can be formal or clerical change or substantial change whereas a substitution is always substantial. Before the accused enters his plea of guilty or not guilty then the prosecution have the right to amend the complaint or information as a matter of right even without seeking information. The accused will make another plea or to enter another plea. There will be a re-arraignment. Double jeopardy is when the accused is prosecuted twice with the same offense. I've learned that if the information is void or the information is a total nullity then you cannot amend it because only a valid information can be amended. Void information does not exist in legal contemplation and so therefore there is no amendment that can be affected in void information. I found out that a formal amendment in the name of the accused or the spelling of the name of the accused will not affect the nature of the nature offense charged and therefore it can only be considered as a formal or unsubstantial amendment of the complaint or information. The theory of the defense shall not be affected by the change in the complaint or information. As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as formal in nature. When amendment pertains to the allegations of facts constituting the offense. For example, if you change the allegations as to change the nature of the offense or the law violated, the essential ingredients to the crime, then it is substantial. In substantial amendment, for example, if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC, then it will be considered as substantial amendment. The crime of cyber libel defined by Article 352 of the RPC in relation to RA 10175or The Cybercrime Prevention Act of the Philippines. Unjust vexation can be filed only before the Municipal Trial Court or the first level court and since the amendment would bring changes as to the jurisdiction of the court then such amendment will be considered as substantial. Arraignment wherein the process in the information of our complaint is read in the presence of the accused and then the court will ask the accused what is your plea, guilty or not guilty. Substitution is done during trial. Venue in criminal cases is jurisdictional. For every crime there is a corresponding liability.
SOLIS, JHESYL L. 3C4 In this lesson I learned Amendment -formal or official change to a law, contract, constitution, or other legal document is known as an amendment. It is derived from the word amend, which means to improve. Sections of these agreements may be added, removed, or updated by amendments. Amendment or substitution -Any amendment before a plea that reduces the scope of the crime charged or removes any accused from the case or facts can only be made on the prosecutor's motion, with notice to the offended party and court permission. Libel -is a type of defamation that is conveyed in print, writing, images, signs, effigies, or any other physical means of communication that harms a person's reputation, exposes a person to public hate, contempt, or mockery, or harms a person's business or career. Piracy -is a theft or criminal act committed by ship or boat-borne attackers against another ship or a coastal place, with the intention of stealing cargo or other valuable goods.
Matibag, Jhon Marvin M. 3c3 Bs Crim Thank you po Atty, the following is the summarization that I've been learned in this topic Amendment and Substitution Amendment may involve either formal or substantial damages. Before the plea is entered can he affected without leave of court. An amendment as form will not require another preliminary investigation and retaking of plea of the accused. While the substitution involve substantial changes from the original charge. It must he leave of court as the original information has to be dismissed. Substitution of the information entails another preliminary investigation and plea to the new information. Matters to be subject to be amendment, only a valid information may be amended. Any information filed before the effectively of the law punishing the offense may not be amended after the law had come into effect. Formal amendment is made when, it either affects or alters the nature of offense charge for, the charge does not deprived the accused of a fair opportunity to present his defense or, it does not involve a change bin the basic theory of prosecution. Effects of forma amendment, there is no need for another preliminary amendment retaking of the plea of the accused if such were already conducted. Substantial amendment, there is no amendment in the substance where it covers matters involving the recital of facts constituting the offense charged and determine of the jurisdiction of the court. Period when substitution is proper, if it appears anytime before judgement that a mistake has been made in charging the proper offense the court shall dismiss the original complaint or information upon the filling of new charging the proper offense.
John Erico Bautista. 3C4 What I've learned from this lesson is that how amendment of complaint or information differs from substitution, as well as its rules and exceptions. It says there that: a. Amendment involves formal and substantial changes, substitution must possess only a substantial changes. b. Amendment can be done even without leave of court, substantial requires leave of court for it to be effected. c. Amendment will not require another preliminary investigation when it comes to amending information, substitution requires another.
In this topic of the Amendment or Substitution. Amendment is a formal or clerical change while substitution it involves substantial change from the original change. Amendment is no need to preliminary investigation but in case of substitution of the complaint or the information then another preliminary investigation must be conducted. While on Matter Subject to Amendment only valid information can be amended, according to the law, if the information is void, it cannot be amended because only valid information can be amended. Formal Amendment is made when the substance of the crime charges is affected or altered, the accusation does not deprive the accused of an equal opportunity to present his appeal, and it does not require a change in the prosecutor's basic theory. LANDICHO, NEIL M 3C2
LEONIDAS, JOANA MARIE M. 3C1 Good day sir this is the summary of what I've learned. Amendment -May Involve either formal or substantial changes -Amendment before the plea is entered can be effected without leave of court. Double Jeopardy -That the accused is prosecuted twice for the same offense. Matters Subject to ammendment -Only valid information now be amended. Because the void information does not exist in legal contemplation. Formal Amendment 1. It neither affects nor alters the nature the offense charge. 2. The charge does not deprive the accused of a fair opportunity to present his defense. 3. It does not involve a change in the basic theory of the prosecution. Effects of formal amendment - there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Substantial Amendment - there is an amendment in substance where it covers matters involving the recital of facts constituting the offenses change and either determinative of the jurisdiction of the court. Procedure for Amendment -Amendment can be made before plea both in formal and substantial amendment without leave of court. Amendment in the information which changes the nature of the crime after arraignment General rule: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. Arraignment - Is the process where in the information of complaint is read in the presence of the accused and then the court will ask the accused what is your plea guilty or not. Period When substitution is proper -before judgement that a mistake has been made ib charge the proper offense. Substitution - is done during trial Limitatiobs on substitutions - when substitutions not proper. Venue of criminal actions General rule-Subject to existing laws action shall be instituted and tried in the court of the municipality of territory where the offense was committed or any of its essential ingredients occured. Jurisdictional - that means the complaint or informatiob can only be filed ub the court where the offense was committed Intervention of offended party - the offended party has the right to intervere it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action.
LAT RONNEL Z. LSPU-SPCC 3C3 On this video lecture, I have learned the distinction between amendment and substitution. Amendment of complaint or information can be formal or clerical change or substantial change. Before the accused enters his plea of guilty or not, the prosecution has the right to amend the com=plain or information as a matter of a right even without seeking permission of the kead court. It does not require another preliminary investigation and retaking of the plea of the accused. On the other hand, the substitution of complaint or information will always and always be substantial. In the case of substantitution, since the original complaint or information will have to be withdrawn that was done with the kead of the court, another one will be filed in court as replacement. It will entail another preliminary investigation and re arraignment. The accused will have to make another plea. It requires that the new information involves a new offense that is not included in the original one and the accused cannot claim of double jeopardy. In cases of matters subject to amendment, onliy valid information can be amended as a genwral rule. Information filed before the effectivity of the law punishing the offense may not be amended after the law had come to effect. I have also learned that formal amendment was made when it neither affect nor alters the nature of the offense charge such as a formal amendment of the name of the accused will not affect the nature of the chargeand considered as formal or an unsubstantial amendment of complaint or information. A formal amendment can also be made when the charge does not deprive the accused of a fair opportunity to present his defense. And also when it does not involved a change in the basic theory of the prosecution. In general, as long as the amendments will note create a surprise the presentation of innocence of the party of the accused, the ammendment is considered as formal in nature. Aside from the above-mentioned, I have also learned avout the procedure of ammendment. Amendment such as substantial and formal can be made without the leave of the court before plea except in substantial amendment when it downgrades the nature of the offens it can only be done upon compliance of the three requirements such as 1. upon motion of the prosecution, 2. with notice to the accused and lastly 3. with leave of the court But in case, after the plea ad during the trial, only formal amendment can be done with leave of court and without causing prejudice ti the rights of the accused The General rule is that the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. The exception is that if there is a supervening fact present as stated by the example below: When a person obtained a stabwound from another but due to immediate medical attention survived, the case file against the accused was attempted homicide. During the trial, unfortunately the victim died, now pending the trial, it is a supervening fact will upgrade the case against the accused. "Venue of the offense is jurisdictional" means you can only file the complaint and information on court where offense was committed or any essential elements or ingredients occured except when offense was committed in a railroad train, aircraft or in any public or private vehicle in a course of trip. - in this case of offense committed at railroad, you can file an information or complaint at the places where the train pass. If it is a continuous crime; offenses committed on a vessel on board or voyage; felonies under art. 2 of the RPC; piracy,; libel.
MANTO, KYLA M. 3C2 BSCRIM In this video lecture, I have learned that if you need to change or substitute some portions of complaint or information filed in court then apply to the rules of amendment or substitution of complaint or information. Amendment, it can be formal change, before the accused plea of guilty or not guilty then the prosecution has the right to amended the complaint or information as a matter of right even without seeking permission from leave without court. If the complaint or information has been change or substituted then it will entitle under preliminary investigation and the accused will enter another plea (pre arraignment). While substitution, is always substantial and always be done with the leave of court since the original complaint or information will have to be withdraw and to be filled in court as a replacement. In substitution of complaint or information then another preliminary investigation must conducted and accused must be arraigned once more. Double jeopardy- that the accused prosecuted twice for the same offense. Matter subject to amendment; if the information is void then cannot amended it, valid information only can amended. Formal Amendment- (example: spelling of the name of the acvused) it will not affect the nature of the offense charge therefore it can be only consider as formal amendment. Note: -As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then amendment will be considered as formal in nature. -Formal Amendment is no need for preliminary investigation. -Substantial Amendment pertains to the allegation of facts constituting the offense, change the nature of the offense or the law violated or the essential ingredients. -Substitution is done during trial. Arraignment- is a process wherein the information or complaint is read in the presence of the accused then the court will ask the accused what his/her plea. VENUE ON CRIMINAL ACTIONS - Venue in criminal cases is jurisdictional, means the complaint or information can only be filed in the court where the offense committed or any of essential ingredients occured. INTERVENTION OF OFFENDER PARTY -Under Article 100 of RPC for every crime there is corresponding civil liability. -If the criminal complaint filed in court, the civil liability exdelicto or civil liability arising from the crime is jointly instituted as the criminal action.
GARING, DOLORES E. (3C4) Thank you sir, in this video lecture I've learned the procedures in amendment and substitution. Amendment of complaints or information involves either formal or clerical change, while substantial will always and always be substantial change. Amendment BEFORE the plea is entered can be effected without leave of Court, to make it clear before the accused plea guilty or not guilty the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of Court. On the other hand, in case of substitution it must always be done with leave of Court as replacement. Amendment doesn't require preliminary investigation while substitution of information it will entail or it should undergo another preliminary investigation of re-arraignment. Amended information should be the same as the first information made otherwise, the accused can invoke double jeopardy if the case will be different as it was filed again. However, in substituting information, new information should have different content of offense, that is what in the original charge so that the accused cannot invoke double jeopardy. Formal amendment includes the nature of offense in which the spelling of the name of the accuse doesnt affect the charges. The theory of offense will not be affected by the change in complaint of information. As long as the amendment will not create a surprise kn the accused in proving his innocence or of his guilt, it is then formal, Substitutional amendment is when the offense change, then the jurisdiction will change as of the nature of the offense like changing court from RTC to mtc, there the substantial amendment occur. In procedure of amendment, Before plea, the formal amendment can be made as well as the substantial without leave of Court. Substantial amendment that downgrade the nature of the offense and as it is made upon the motion by the prosecutor with notice to excused. While after the accused plea and during the trial there's only formal amendment with leave of Court and without causing prejudice to the accused. The prosecutor can no longer amend the information after the arraignment as it would prejudice the substantial rights of the accused. Prior when substitution is proper. Substitution is carried out during trial, of there is a mistake in the charges on the proper offense. The venue for the instituting criminal action is jurisdictional. The complaint or information should be submitted in the court where the crime performed OR in any of the essential elements has been occurred.
Delantar , Kyla Mae M. 3C2 Amendment or Substitution of Complaint or Information Amendment -May involve either formal or substantial changes _Amendment before the please is entered can be effected without leave of court -An amendment as to form will not require another preliminary investigation and retaking of plea of the accused An amended information refers to the same offense charge in the original information or to an offense charged in the original information or to an offense which necessarily includes or is necessarily included in the original charge,hence substantial amendments to the the information after the plea has been taken cannot be made over the objection of the accused, for if the original would be withdrawn, the accused could invode double jeopardy. It requires pieces of causes that the new information invilves a different offense, which is not included in the original charge. Substitution -Involves substantial change from the original charge -It must be with leave of court as the original information has to be dismiised -Substitution of the information entails another preliminary investigation and plea to the new information Requires or presupposes that the new information involves different offense which does not include or is not necessarily included in the original charge; hence the accusedcannot clain double jeopardy. Matters subject to amenment -Only valid information may be amended if the information is void, if the information is a total narrity the you cannot amend.Because valid information can be amended. A void information does not exist. -An information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect(Herrera,2007) Formal Amendment A formal amend is when: It neither affects nor alters the nature of the offense charge; or The charge does not deprive the accused of a fair opportunity to present his defense; or It does not involve a change in the basic theory of the prosecution. NOTE: The following have been held to be mere forma amendments: -New allegations which relate only to the range of the penalty that the court might impose in the event or conviction; -An amendment which does not charge another offense different or distinct from that charge in the original one; -Additional allegations which do not alter the prosecution's theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume. The bottom line is as long as the amendment will not create a surprise on the part of the accused in presenting and proving innocense then amendment will be considered as a formal images. The Amendment which does not adversely affect any substantial right oc the accused and; An amendment that merely add specifications to eliminates vagueness in the inforamtion and not to introduce new material facts, and merely state: with additional presicion something which already contained in the original information and which add: nothing essential for conviction for the aim charged (Ricarze v. CA,G.R. No. 160451,February 5 2007) Effects of Forma Amendments: There is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Substantial amendment There is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. When amendmend pertains to the allegation of facts constituting the offense. Procedure of amendment When made Before plea Before plea After plea and during trial Kind of amendments to be made 1.Formal amendment 2.Substantial amendment 1.Substantial Amendment A.Downgrades the nature of the offense charge; or B.excludes any accused from the complaint or information Formal amendment How amendments is made Without leave of court 1.Upon motion by the prosecutor; 2.With notice to the excused 3.With leave of court With leave of courg and without causing prejudice to the rights of accused. Amended in the information which downgrades the nature of the offense -The prosecution should file a motion for leave of court with notice to the offended party. -This is the protection of the interest of the offended party ànd to prevent possible abuse by the prosecution. Amendment in the information which changes the Nature of the Crime after Arraignment General Rule: "The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused." Exemptions: When a fact supervenes which changes the nature of the crime charged in the information or upgrades it a higher crime, the prosecutor,with leave of court, may amend the information to allege the supervining fact and upgrade the crime charge to the higher crime brought about by such supervining fact. Period when substitution is Proper If it appears antlytime before judgment that make 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, provided the accused shall not be placed in double jeopardy. Limitation on Substitution 1.No judgement has been rendered; 2.The accused cannot be convicted of the offensed charged or of any other offense necessarily included therein; and 3.The accused would not be placed in double jeopardy(Herrera 2007) Venue on Criminal Action Venue for the institution of Criminal Actions General Rule: "Subject to existing laws,criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or any of its essential imgredients occured(Section 15,Rule 110) Exemptions: 1.An offense was committed on railroad train, in an aircraft or in any other public or private vehicle in the course of trip. 2. Where the offense is committed on board a vessel on its voyage You sent Today at 8:11 PM 3.Felonies under Art 2 of the RPC-Shall be cognizable by the proper cpurt where the criminal action was first filed. 4.Continous or transitory crimes. 5. Piracy-the venue of piracy, under like all other crjnch, has no territorial limits. It is triable everywhere.ed; b. If one of the pffensed party is a private individual, where said private individual actually resides at the time of the commission of the offense; C.If the offended party is a public trial, where the latter holds office at the time of the commission of the offese; 6.Libel-the action maybe instituted at the election of the offended or suing party in the municipality or ciry where; You sent Today at 8:22 PM Exemptions: a. Libelous article is printed and first published; B.If one of the offensed parties is a private individual, where said private individual acgually resides at the time of commission of the offense; C.If the offended party is a public official, where the latter holds office at the tjme of the commissikn of the offense; 7.BP 22 caes- The criminal action shall be filed at the place where the check was dishonored or issued. In case of crossed check, the place of the depository or the collecting bank INTERVENTION OF OFFENDED PARTY Intervention Of Offended Party in Criminal Action General Rule: "The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recpvery of civial liability is intituted in the criminal action pursuant Rule 111( sec16,Rule 110). Exeptions: 1.From the nature of the crime and the law defining or punishing it, no civil liability arises in the favor of the offended party,e.g. sedition, rebellion, treason (crimes against national security) 2.The offended party waived the right to civil indemnity; or 3.The offended party had already instituted separate action. The it can no longer intervene rather in the criminal action.
What I've learned: AMENDMENT OR SUBSTITUTION OF COMPLAINT OR INFORMATION *Changing portions of complaint or information filed in court apply the rules of amendment or substitution of complaint or information. Amendment: -formal change -before the accused plea the prosecution has the right to amended the complaint or information as a matter of right even without seeking permission from leave without court. -If the complaint or information has been change or substituted then it will entitle under preliminary investigation and the accused will enter another plea (pre arraignment). Substitution: -is always substantial and always be done with the leave of court. -In substitution another preliminary investigation must conducted and accused must be arraigned once more. Double jeopardy- that the accused prosecuted twice for the same offense. Matter subject to amendment; if the information is void then cannot amended it, valid information only can amended. Formal Amendment- will not affect the nature of the offense. *Formal Amendment is no need for preliminary investigation. *Substantial Amendment pertains to the allegation of facts change the nature of the offense. *Substitution is done during trial. Arraignment- is a process wherein the information or complaint is read in the presence of the accused. VENUE ON CRIMINAL ACTIONS - Venue in criminal cases is jurisdictional, means the complaint or information can only be filed in the court where the offense committed. INTERVENTION OF OFFENDER PARTY -If the criminal complaint filed in court, the civil liability arising from the crime is jointly instituted as the criminal action. BALASBAS JULIUS L 3C1
DEVILLES, HONEYLYN T Bs-criminology/3c1 As to the topic that discussed above, the differences between amendments and substitution in complaint or information is that the amendment may involved either formal or substantial changes and the amendment before the plea is entered can be effected without leave the court. Lastly, the amendment as to form will not require another preliminary investigation and retaking of plea of the court. While on the other hand, it involves substantial change from the original change and it must be with leave of court as the original information has be dismissed. Lastly, substitution of the information entails another preliminary investigation and plea to the new information. It also tackled the matters of subject to amendment where there was only valid information may be amended and information filed before the effectivity of the law punishing the offense may not be amended after the law handle into effect. As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as a formal in nature. Further, In formal amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted while in substantial amendment there is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. Moreover, the procedure for amendment can be made before plea in both formal and substantial upon a motion by the prosecutor , with notice to the excused and without leave of court and in After plea it can be done with leave of court and without causing prejudice to the rights of the accused. Additionally, In period when substitution is proper if it appears anytime before judgement that a mistake has been made in charging the proper offense the court shall dismiss the original complaint or information upon the filing of the new one charging the proper offense provided the accused shall not be placed in double jeopardy. Lastly, in venue of criminal actions the general rule subject to existing laws criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred and the exceptions are when the offense was committed on railroad train or in an aircraft or any public or private vehicle in course of trip, committed on board or vessel on its voyage, felonies under article 2 of RPC, continuous or transitory crimes, piracy, libel and Bp 22.
What I've learned: Amendment An amendment information refers to the same offense charged in the original information or an samw offense which necessarily includes in fhe original charge hence substantial amendment tontge information after gge plea has been taken cannot be made over tge the objection of tge the accused for if the original would be withdrawn, the accused could invoked double jeopardy. Substitution Requires or presupposes that the new information involved a different offense which does not include or is not necessarily included in the original charge hence the accused cannot claim double jeopardy. Double jeopardy is when the accused prosecuted twice for the same offense. Only valid information may be amended. An information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect (Herrera 2007) A formal amendment is made when: - it neither no alters the nature of the offense charged. - the charge does not derived the accused of the liar opportunity to present his defense. - it does not involve a change in the basic theory of the prosecution. As long as the amendment will not create a surprise on tge part of the accused in presenting or proving his innocence then the amendment will be considered as formal in nature. Effects of formal amendments: There is no need for the another preliminary amendments and retaking of the plea of the accused if such were already conducted. Substantial amendments: Theee is a amendment in subtance where it covers matters involving the recital of facts constituting the offense charged and determinative of tge jurisdiction of court Amended in ghe information which downgrade the nature of the offense - the prosecution should file a motion for leave of court with notice to the offended party. - this is for the protection of the interest of the offended party and to the prevent possible abuse by the prosecution. Amendment in the information which charges the nature of the crime after arraignment. General Rule The prosecution can no longer amend the information after arraignment as it would prejudice the substantial right of the accused. Exception When a fact supervenes which charges the nature of the crime charged in the information or upgrades it a higher crime, the prosecutor, with leave of court may amend the information to alleged such supervening fact and upgrade the crime charged to the higher crime brought about by such supervening fact. Period when substitution is proper If it appears anytime before judgement that a mistake has made in charging the proper offense the court shall dismissed the original complaint or information upon the filing of a new one charging the proper offense provided the accused shall not be placed in double jeopardy. Limitations on substitution - no judgement has yet been rendered - the accused cannot be convicted of tge offense charged of any other offense necessarily included therein - the accused would not be placed in double jeopardy ( Herrera 2007) Venue for the institution of criminal actions General rule Subject to existing laws, criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed on any of its essential ingredients accured. Exceptions - an offense was committed on a railroad train, in an aircraft or in any other Public or private vehicle in the course of trip. - where the offense is committed on board vessel on it's voyage. - felonies under Art. 2 of the RPC -Continuous or transitory crimes - piracy - libel -BO 22 cases General Rule The offended party has the right to intervention counsel in tge prosecution of tge recovery of tge civil liability is instituted in the criminal action pursuant to rule 111( sec. 16, rule 110) Exception - from the nature of the crime and the law defining or punishing it to civil liability arises in favor of the offended party, e.g. sedition, rebellion, treason( crimes against national security) - the offended party waived tge right to civil indemnity. - the offended party had already instituted separate action.
SAMSON, YELT SHIN L. 3C3 BS-CRIM 06/04/2021 Part 3 Criminal Procedure Thank you, sir, I learned this topic is about the amendment vs substitute because amendment is may involved either formal or substantial changes while the substitution it involves substantial change from the original charge. Amendment before the request is entered by the blamed can be influenced without leave for court, before the blamed enter his supplication for blameworthy or not liable then the indictment has the privilege to alter. If there should arise an occurrence of replacement it should consistently be finished with leave of court since the first objection or data should be removed. In matters subject to amendment, only valid information may be amended in court if the information is void you cannot amend yet and an information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect. Formal amendment is made when neither affect of natures of the offense charge example, in the name of the accused will not affect the nature of the offense charged. Therefore, it only become considered as a formal or unsubstantial amendment of the complaint information. And the charge does not deprive the accused of a fair opportunity to present his defense means that the theory of defense will not be affected by the change in the complaint or information. Lastly, it does not involve a charge in the basic theory of the prosecution. -Effects of forma amendments there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. While in substantial amendment there is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. Procedure for Amendment after the accused has enter his plea and during trial the formal amendment can only be made with leave the court. How amendments is made there are three compliance requirements firs, upon motion by the prosecutor second, with notice to the excused and third, with leave of court.
BIANZON, EDMON M. 3C2 In this video lecture I’ve learned that when there is something to amend may involve either a formal or a substantive change. Before the accused enters his plea of guilty or not guilty without the leave of court, the prosecutor has the right to amend. The amended Information should also be about the same case like in the first information made, if this will be a different case, and if you file it the accused could invoke double jeopardy. Double jeopardy refers to a situation in which a person is tried twice for the same crime. A formal amendment is made when: (a). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (b).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (c). It does not involve a change in the basic theory of the prosecution. Substantive amendment, it includes matters such as the recital of evidence constituting the crime alleged and the determining of the court's jurisdiction. The allegation of evidence constituting the crime, as well as any changes to the nature of the offense, the law violated, or the essential ingredients, are all considered substantial amendments. Procedure for amendment, Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Amendment in the information which changes the nature of the crime after arraignment. The prosecutor cannot amend the information after arraignment because it will prejudice the substantial rights of the accused. Venue in institutional cases the complaint and information can only be filed in court where the offense committed the exception is when committed in railroad, aircraft or any public or private vehicle, offense committed on vessel Sir thank you sir
COMIA, JOHN ANGEL A. 3C4 BS CRIM thank you po sir. Done watching napo😇. I've learned in this video disscussion. - Amendment can involve either formal or substantial changes. - Amendment before the plea entered can be affected without leave of court. In the substitution ot must always be done with leave of court. - The amended Information should also be about the same case as the first information made. - Those that can be amended are only those valid information and not those void information. - Void information does not exist in legal contemplation. General rule: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial tight of the accused. Exemption: When a supereving facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening act.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3 Good day po! I have learned in this video principally the distinction of amendment and substitution wherein amendment may involve either or formal substantial while substitution involves only substantial change from the original charge. I knew that only valid information can be amended, as well as the elements of the formal amendment, which can only be made if it does not affect or change the nature of the offense charged, or if the charge does not deprive the accused of a pair of opportunities to present his defense, or if it does not involve any change in the basic theory of the prosecution. This video lecture also taught me about the procedure for amendment wherein charge can only be done for compliance under the three requirements such as upon motion by the prosecution, with notice to the accused and lastly, with permission of the court. Also says that the formal amendment are those that do not affect the nature of the offense charge such as the spelling of the name of the accused. However, Formal amendments are made when the nature of the offense changes, such as changing the court from RTC to MTC. Substantial amendments are made when the offense changes, and the jurisdiction of the court changes when the nature of the offense changes, such as changing the court from RTC to MTC. You can make a formal and substantial modification before entering a plea without seeking permission from the court. On the motion of a prosecutor and with notice to the excused, a substantial alteration is made that changes the essence of the offense. While there is only official revision with leave of court after a plea and during a trial, it should not jeopardize the accused's rights. Because amending the information after arraignment would jeopardize the accused's significant rights, the prosecutor is unable to do so.
Good Day Sir. Thank you for the lesson. This are what I’ve learned for today’s topic.
AMENDMENT- May involve either formal or substantial changes,
Amendment before the plea is entered can be effected without leave of court, An amendment as to form will not require another preliminary investigation and retaking of plea of the accused, An amendment 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 amendments to the information after the plea has been taken cannot be made over the objection of the accused, for if the original would be withdrawn the accused could invoke double jeopardy SUBSTITUTION- Involves substantial change from the original charge, It must be with leave of court as the original information has to be dismissed, Substitution of the information entails another preliminary investigation and plea to the new information, Requires or presupposes that the new information involves different offense which does not include or is not necessarily included in the original charge hence the accused cannot claim double jeopardy
Good day, Sir. I am Carl Lester L. Capuno of BS Criminology 3C4.Thankyou for this video these are what I learned from this lesson on how amendment of complaint or information differs from substitution, as well as its rules and exceptions.
It says there that:
a. Amendment involves formal and substantial changes, substitution must possess only a substantial changes.
b. Amendment can be done even without leave of court, substantial requires leave of court for it to be effected.
c. Amendment will not require another preliminary investigation when it comes to amending information, substitution requires another
hi Atty! thank you for this po. I am a barista, and your discussions helped me in the areas I am confused.
Good day sir thankyoy for the lecture
The lesson I've learned in this chapter is
The difference between an amendment and a substitution is that an amendment is a formal or significant change, whereas a substitution entails significant alterations. When an accused is prosecuted twice for the same offense, it is known as double jeopardy. I also recognize that the formal revision has no effect on the essence of the unlawful change. It does not necessitate any changes. As long as the adjustment does not surprise the accused in presenting and showing his innocence it will be regarded formal.
Again thank you atty. for sharing your knowledge to us, Sir this is the learning’s that I acquire in this topic are the following;
- The distinctions between the amendments and substitutions.
Amendment involves of either formal or clerical changes, it can be affected without leave of court before the plea, and it does not require another preliminary investigation or even re taking of plea of the accused. Only valid information is allowed to be amended, and void information does not exist, formal amendments must not create a surprise on the part of the accused in proving his innocence at court. While substitution is the opposition, it involves change from the original charge; in substitution leave court must be determined and the original information must be dismissed, and it entails another preliminary investigation and plea to the new information. The nature of offense or law violated by the accused is being change in substantial information; it must be made upon motion of prosecutor, with notice to the accused and with leave of court.
- General rule;
The information after arraignment can no longer be amended by the prosecutor as it would prejudice the substantial rights of the accused. Except, when a supervening fact upgrades it into a higher crime.
- Venue of Criminal Action
Subject to existing law, criminal action shall be instituted and the court trial will be held in municipality or in the place where the offense was committed.
- INTERVENTION OF OFFENDED PARTY
According to art. 100 of the RPC, there are corresponding civil liability for every crime.
According to section 16 of rule 110, The offended party has the right to intervene it counsel in the prosecution of criminal action where the civil action for the recovery of civil liability is instituted in criminal action pursuant to Rule 111, and it is a general rule.
In the previous lesson, you taught us the difference between complaint and information. In this lecture, you have shared with us the distinction between amendment and substitution of it. An amendment involves either formal or clerical change. While in the case of substitution, it will always be in a form of substantial change. Amendment will not require another preliminary investigation and retaking of the plea while substitution does.
Note that only those valid information may be amended in a court of law, if it is void then it cannot be amended.
Thanks for sharing your knowledge with us, Atty.!
SABONG, ROVILYN M.
BS. CRIMINOLOGY 3C4
BARWEL, ANGELO V.
LSPU-SPCC BS CRIMINOLOGY 3-C3
Thank you so much Attorney Reyes for this video lecture. These are the summarization of what I've learned in this particular video lecture.
First is the distinction between the Amendment or Substitution. In cases that there is something to be changed in complaint and information, amendment includes formal change while substitution involves only substantial change. Also, amendment before the plea of the accused can be entered even though there is no leave of court and on the other hand, substitution requires that it must be with leave of court. Another one is that in amendment, there is no need for another preliminary investigation as well as the retaking of the plea of the accused, but in substitution, it is required.
In matters subject to amendment, only valid information can be amended. Formal amendment are those that do not affect or alters the nature of the offense charged, as well as not depriving the accused on his rights, and does not involve a change in the basic theory of prosecution.
Amendment before the plea excludes any accused from the complaint or information with leave of court, while amendment after the plea and during trial is done with leave of court and without causing prejudice to the rights of the accused. In cases that there is a mistake in charging the proper offense, the court shall dismiss the original complaint and allow substitutions to be made.
Criminal actions shall commence and instituted in the place where the crime is committed, but subject for exceptions. The civil liability is always with the criminal action, therefore, the offended party has the right to intervene with it.
Thank you sir.
The following is the topic that I've learned today
Amendment VS. Substitution
Amendment - is can be formal or clerical change, also before the accused enters a plea of guilty or not guilty the prosecution has the right o amend the complaint as a matter of right even without seeking permission from a leave of court. Also, it will entail another preliminary investigation and the accused will have to make another plea.
Substitution - it always substantial, also it must always be done with leave of court since the original complaint will have to be withdrawn and another one will be filed in court as a replacement.
Formal Amendment
1. the spelling of the name of the accused will not affect the nature of the offense charged.
2. the theory of defense will not be affected by the change in the complaint.
3. it does not involve the basic theory of the prosecution.
Substantial Amendment
- when an amendment pertains to the allegations of facts constituting the offense. (e,g. if you change the allegation to change the nature of the offense it is what you called essential ingredients of the crime so it was considered a substantial amendment.)
Venue on Criminal Actions
- class venue in criminal cases is jurisdictional means that the complaint can only be filed in the court where the offense was committed or any of the essential occurred.
The intervention of Offended Party
- if a criminal complaint is filed in court the civil liability ex delicto from the crime is jointly instituted as that of the criminal action.
Good Day Sir. I am Orense, Gio R. from 3c1. This are what I’ve learned for today’s topic.
AMENDMENT OR SUBSTITUTION
An amendment of the complaint or information may involve either formal or substantial change. While when a party will substitute the complaint or information it always involve substantial change from the original charge.
-Amendment may be formal or clerical change or substantial change whereas a substitution is always substantial.
-Amendment before the plea is entered by the accused can be affected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. ( that is what you mean by the leave of court).
However, In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement.
-An amendment as to form will not require another preliminary investigation and retaking of plea of the accused. However if the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter another plea so there will be a re-arraignment.
*(In short in case of amendment there is no need for another preliminary investigation but in case of substitution of the complaint or information then another preliminary investigation must be conducted and the accused must be arraigned once more.)
-An amended information refers to the same offense charged in the original or to an offense which is necessarily included in the original charge, hence substantial amendments to the information after the plea has been taken cannot be made over the objection of the accused for if the original would be withdrawn the accused could invoke DOUBLE JEOPARDY.
-However, in case of substitution it requires that the new information’s involves a different offense which is not included in the original charge, hence the accused cannot claim double jeopardy.
-Double Jeopardy means that the accused is prosecuted twice for the same offense.
MATTERS SUBJECT TO AMENDMENT
-As a rule only valid information can be amended in court. If the information is void or total nullity then you cannot amend it, because only a valid information can be amended. A void information does not exists in legal contemplation and so therefore there is no amendment that it can be affected in a void information.
FORMAL AMENDMENT
A formal amendment is made when
A. It neither affects nor alters the nature of the offense charges.
B. Formal amendment can also take place when the charge does not deprived the accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. The charge does not deprive the accused of a fair opportunity to present his defense.
C. It does not involve a change in the basic theory of the prosecution.
PROCEDURE FOR AMENDMENT
-Amendment can be made before plea, both in formal and substantial amendment without leave of court.
-Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. When you say before plea without leave of court upon motion by the prosecutors and with notice to the accused. However, after enter his plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of the accused. Amendment in the information which changes the nature of the crime after arraignment.
3 requirements
-upon motion by the prosecution
-with notice of the accused
-with leave of court or permission from the court.
GENERAL RULE: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. As a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused.
EXEMPTION: When a supervening facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening fact.
*PERIOD WHEN SUBSTITUTION IS PROPER
-Substitution is done during trial.
*LIMITATIONS ON SUBSTITUTION
-This are the instances when substitution is not proper
A. No judgment has yet been rendered;
B. The accused cannot be convicted of the offense charged
C. The accused would be placed in double jeopardy
*VENUE FOR THE INSTITUTION OF CRIMINAL ACTION
-Venue in criminal cases is jurisdictional. It means that the complaint or information can only be file in the court where the offense is committed.
GENERAL RULE: Subject to existing laws, criminal action shall be instituted in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred.
EXEMPTION:
A. An offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip.
B. Where the offense is committed on board a vessel on its voyage.
C. Felonies under the RPC - shall be cognizable by the proper court where the criminal action was first filed.
D. Continuous or transitory crimes.
E. Piracy- the venue of piracy, unlike all other crimes, has no territorial limits. It is triable anywhere
F. Libel- the action may be instituted at the election of the offended or suing party in the municipality or city.
EXEMPTION:
-the libelous article is printed and first published
-if one of the offended parties is a private individual, where private individual said actually resides at the time of the commission of the offense.
-if the offended party is a public official, where the latter holds office at the time of the commission of the offense.
-bp22-bouncing checks
*INTERVENTION OF THE OFFENDED PARTY
GENERAL RULE: The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111.
-Civil liability arising from the crime is impliedly instituted with the criminal action in court.
EXEMPTIONS:
-From the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party such as sedition, rebellion, treason or any other crimes against the national security
-the offended party waived the right to civil indemnity
-the offended party had already instituted separate action
OLIQUINO, JOSHUA O.
3C4
Done watching sir! thank you for another lesson and knowledge acquired. I've learned that an amendment of the complaint or information may involve either formal or substantial change. On the other hand when a party will substitute the complaint or information, it will always involve substantial change from the original change. Matters to be subject to be amendment, only a valid information may be amended. Any information filed before the effectively of the law punishing the offense may not be amended after the law had come into effect.
Good afternoon thank you po sir.
I learned from this lesson that when if it is needed to change some portion the complaint in court that we need to comply to the rules of amendement or substitution of complaint. In amendment maybe formal or substantial changes, and if the complaint has been change or in substitution it will entail another prelimenary investigation.
In matter subject of ammendment The only valid information may be amended. In formal amendment it is made when the charge does not deprive the accused. Amendment will be considered as substantial when it will bring changes to the jurisdiction of the court. In the procedure for amendment it can be made before plea, after plea and during trial. Substitution is done during trial.
The limitation on substitution are no judgment has yet been rendered, the accused cannot be convicted of the offense charged, and the accused would not be placed in double jeopardy.
The general rule in the Intervention of offended Party in Criminal action is "The offended party has the right to intervene it counsel in the prosecution of the criminal action wgere the civil action for the recovery of civil liability is instituted in the criminal action pursuant to 111(Sec 16, Rule 10). The exception on this is when the offended party waived the right to civil indemnity and had already instituted separate action.
good day sir, Based on the vrl that you have uploaded, i have learned the distinction of amendment and substitution. Amendment may involve either formal or substantial changes. Before the plea is entered can be affected without leave of court. Formal amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Substitution involves substantial changes from the original charge. It must be with leave of court as the original information has to be dismissed. And limitation of substitution no judgement has yet rendered, the accused cannot be convicted of the offense charged or of any other offense neccessarily included therein.
Done Watching, sir OBRADOR JUVY 3c4
Thank you sir. This Video recorded lecture taught me with regards to the definition of ammendment and substitution. Ammendment may involve either formal or substantial change. Before the accused enter his plea guilty or not the the prosecution has the right to amend the information or complaint as a matter of right even without seeking permission from leave of court and also theres no need for another preliminary investigation, While in substitution it involves substantial change from the original and it must be always done with leave of court, unlike ammendment in substitution of complaint or information another preliminary investigation is needed and the accused must be arraigned once more.
-as a rule only valid information can be amended in court.
In Formal amendment, it is made neither affects nor alter the nature of the offense charged, it can also take place when the charge does not deprive the accused of a pair opportunity to present his defense and lastly it does not involve a change in the basic theory of the prosecution. In substantial ammendments it covers matter involving thr recital of facts constituting the offense.
General Rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused.
Thank you Sir, I have learned the Changes to complaints or information are either official or clerical, but significant change will always be substantial change. To make it clear, before the accused pleads guilty or not guilty, the prosecution has the right to change the complaint or information as a matter of right, even without requesting authorization from the Court. In the case of substitution, however, it must always be done with the permission of the Court. While amendment does not necessitate a preliminary study, information replacement does, and it should be subjected to a new preliminary examination of re-arrangement.
The amended information must be identical to the original information; otherwise, the accused may be subjected to double jeopardy if the case is re-filed. However, when substituting information, the new information should have a different content of offense than the original accusation in order to prevent the accused from claiming double jeopardy.
The nature of the offense in which the spelling of the accuses name has no bearing on the charges is referred to as formal amendment. The change in complaint of information will have no effect on the theory of offense.
SAMSAMAN, PAULINE MAE O.
3C3 BS CRIMINOLOGY
Thankyou Sir for the lesson. I've learned that Amendment it involve either formal or substitutional change, it can be formal or clearical change. Amendment before the plea is enterred can be affected without leave pf court. Its not require another pleriminary investigation and retaking of plea of the accused.
Amendment refers to the same offensed changed in the original information or to an offense which neccessarily includes or is included in the original change.
Substitution it involves substantial change, it must be with leave of court as the original information has to be dismissed. Substitutional new information involves a different offense which does not include or is not neccessary included in the original changes.
Double Jeopardy that the accused is prosecuted twice.
Formal Amendment
1. Nature of the offense change
2. Does not deprive the accused of a fair opportunity to present her deffense.
3. It does not involve a change in the basic theory of the prosecution.
Effects of formal Amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted.
Substitutional Amendment it covers matter involving the relital of facts constituting the offense charged and determinative of the jurisdiction of the court.
Procedure for Amendment
Before Plea- formal amendmen, substitutional amendment- without leave of court.
After Plea and during the trial- formal amendment- without leave of court and without causing prosedure to the rights of accused.
Substitutional Proper before judgment that mistake has been made in charging the proper offense.
Limitation on Substitution
1. No judgment has yet been rendered.
2. The accused cannot be convicted of the offense charged or any othe offense neccessarily included therein.
3. The accused would not be placed in double jeopardy.
EUGERIO, NECILYN A.
3-C4 BS CRIMINOLOGY
CARPIO, ALDRIN V.
3C3
Thankyou sir. I've learned about the differences of amendment and substitution. In amendment, it is a formal or substantial change. Also amendment before the plea can be done without leave of court and preliminary investigation is not required. While in the substitution it involves substantial changes only. It is always done with the leave of court and it needs preliminary investigation.
Matters subject to ammendment- Only valid information should be ammended. If the information is void, it cannot be ammended.
The General rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial right of the accused. If the accused enter his plea, the prosecutor cannot ammend the information.
The venue in criminal cases is jurisdictional. The information and complaints can only be file in the court where the crime was committed.
Good Day Sir. Thank you for the lesson. This are what I’ve learned for today’s topic.
*AMENDMENT OR SUBSTITUTION
An amendment of the complaint or information may involve either formal or substantial change. While when a party will substitute the complaint or information it always involve substantial change from the original charge.
-Amendment may be formal or clerical change or substantial change whereas a substitution is always substantial.
-Amendment before the plea is entered by the accused can be affected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. ( that is what you mean by the leave of court).
*However, In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement.
-An amendment as to form will not require another preliminary investigation and retaking of plea of the accused. However if the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter another plea so there will be a re-arraignment.
*(In short in case of amendment there is no need for another preliminary investigation but in case of substitution of the complaint or information then another preliminary investigation must be conducted and the accused must be arraigned once more.)
-An amended information refers to the same offense charged in the original or to an offense which is necessarily included in the original charge, hence substantial amendments to the information after the plea has been taken cannot be made over the objection of the accused for if the original would be withdrawn the accused could invoke DOUBLE JEOPARDY.
-However, in case of substitution it requires that the new information’s involves a different offense which is not included in the original charge, hence the accused cannot claim double jeopardy.
-Double Jeopardy means that the accused is prosecuted twice for the same offense.
*MATTERS SUBJECT TO AMENDMENT
-As a rule only valid information can be amended in court. If the information is void or total nullity then you cannot amend it, because only a valid information can be amended. A void information does not exists in legal contemplation and so therefore there is no amendment that it can be affected in a void information.
*FORMAL AMENDMENT
-A formal amendment is made when
A. It neither affects nor alters the nature of the offense charges.
(Example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of the complaint or information)
B. Formal amendment can also take place when the charge does not deprived the accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. The charge does not deprive the accused of a fair opportunity to present his defense.
C. It does not involve a change in the basic theory of the prosecution.
(NOTE: As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then amendment will be considered as a formal in nature.)
-Substantial amendment is present when there is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense.
(Example if you change allegations as to change the nature of the offense or the law violated this is what we called the “essential ingredients of the crime” then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. Or for example if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment.)
*PROCEDURE FOR AMENDMENT
-Amendment can be made before plea, both in formal and substantial amendment without leave of court.
-Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. When you say before plea without leave of court upon motion by the prosecutors and with notice to the accused. However, after enter his plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of the accused. Amendment in the information which changes the nature of the crime after arraignment.
3 requirements
-upon motion by the prosecution
-with notice of the accused
-with leave of court or permission from the court.
(NOTE: If the amendment is caused with the information and it downgrades the nature of the offense it can only be made with motion for leave of court and notice to the offended party for the purpose of the interest of the offended party and to prevent possible abuse by the prosecution.)
GENERAL RULE: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. As a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused.
EXEMPTION: When a supervening facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening fact.
*PERIOD WHEN SUBSTITUTION IS PROPER
-Substitution is done during trial.
*LIMITATIONS ON SUBSTITUTION
-This are the instances when substitution is not proper
A. No judgment has yet been rendered;
B. The accused cannot be convicted of the offense charged
C. The accused would be placed in double jeopardy
*VENUE FOR THE INSTITUTION OF CRIMINAL ACTION
-Venue in criminal cases is jurisdictional. It means that the complaint or information can only be file in the court where the offense is committed.
GENERAL RULE: Subject to existing laws, criminal action shall be instituted in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred.
EXEMPTION:
A. An offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip.
B. Where the offense is committed on board a vessel on its voyage.
C. Felonies under the RPC - shall be cognizable by the proper court where the criminal action was first filed.
D. Continuous or transitory crimes.
E. Piracy- the venue of piracy, unlike all other crimes, has no territorial limits. It is triable anywhere
F. Libel- the action may be instituted at the election of the offended or suing party in the municipality or city.
EXEMPTION:
-the libelous article is printed and first published
-if one of the offended parties is a private individual, where private individual said actually resides at the time of the commission of the offense.
-if the offended party is a public official, where the latter holds office at the time of the commission of the offense.
-bp22-bouncing checks
*INTERVENTION OF THE OFFENDED PARTY
GENERAL RULE: The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111.
-Civil liability arising from the crime is impliedly instituted with the criminal action in court.
EXEMPTIONS:
-From the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party such as sedition, rebellion, treason or any other crimes against the national security
-the offended party waived the right to civil indemnity
-the offended party had already instituted separate action
OSUNA, CHARLENE MAY M.
3C2 BS CRIMINOLOGY LSPU-SPCC
THANK YOU ATTY.
I learned about the differences about the amendment and substitution in terms on how its involve in substantial from original charge.Amendments is a form that will not be require on another in preliminary investigation and rataking of plea of the accused. Substitution is about an information entails to another preliminary investigation and plea to the new information.
JOHN PHILIP G. FERNANDEZ
BS-CRIMINOLOGY 3C1
Thank you Sir!
In this lesson I learned the difference between amendment and complaint wherein amendment may involved either substantial or formal while substitution involves substantial change from its original also amendment can be a formal or substantial change whereas substitution is never change and it always be a substantial . Moreover amendment can be effected before the plea without the leave of the court period on the other hand , substitute will always be done with leave of court to be able to withdraw the first complaint or information made and replaced it . Preliminary investigation is not required in the amendment instead it is needed in substitution . On the other hand the amendment information must also and shall contain same case as the first information made, otherwise it will not be the same and it will be different case to do this if ever you will file again this case the accuse can invoke double jeopardy. Valid information can only be amended and not those void information because it is not existing in legal contemplacion.
With regards to formal amendment it is made when
(a) either it affects or alters the nature of the offense charges
(b) the charge does not deprived accused of fair opportunity to present his defense. A formal amendment can also take place when the church does not deprive accused of a fair opportunity to present his defense.
(c) it does not involve the change in the physical beauty of the prosecution
Note: as long as the amendment will be not create a surprise on the part of the accused on presenting or braving the innocence the amendment will be considered as a formal in nature.Substantial amendment is presented when an amendment in substance covers matter that involves the recital of facts constituting the offense charged and the determine if of the jurisdiction of the court . When amendment refers to the allocation of facts constituting the offense to change the nature of the offence or the law violated is what we call the essential in ingredients of the crime then it will be considered as substantial amendment. When amendment will be determined at each of the jurisdiction of the court then it will be considered as substantial amendment
The procedure for amendment whereas amendment can be made from clay formal and substantial amendment even without the leave of court accepted in cases of substantial amendment that downgrades the nature of the offense charged or excludes any accused from the complaint or information period also upon the motion by the prosecutor and with notice to the excuse after the plea and during the trial formal i mean that can only be mid with the leave of court without causing prejudice to the right of the accused. Moreover amendment in the information the charge as the nature of the crime after the arraignment . As a general rule, the prosecutor do not have the power to amend the information after the arrangement as it would prejudice the substantial rights of the accused it simply means as the rule the prosecutor cannot amend information after the accused had entered his plea because it will prejudice the substantial right of the accused.
The venue in institutional cases is jurisdictional the complaint in information can only be filed in court where the offense committed the exception is when a committed in railroad aircraft or any public or private vehicle, offense committed on vessel or voyage.
Arbiso, 3C4
Good day sir!
Based on the VRL, Criminal Procedure part 3.
In this lesson, I learned that a formal and substantial change is a complaint or information amendment, whereas a substitution just has a significant change. Furthermore, amendments before the plea can be made without the need for a leave of court, while substitutions require leave of court to be valid. Furthermore, when it comes to preliminary inquiry modification, it is not needed, although substitution is also required to undergo a preliminary investigation.
The amendment would be considered procedural if it would not surprise the perpetrator when presenting his innocence. And significant evidence is obtained if there is a variation in the allegation and it is the violator's regular crime.
Only factual facts may be changed in court when it comes to ruling. If the evidence is invalid, you cannot amend it because void information does not exist in legal terms.
As a general rule, the court cannot change the evidence following arraignment unless it jeopardizes the accused's rights. However, there is an exception: where evidence supervenes and changes the essence of the crime charged in that detail, it is upgraded to a higher crime.
Bool, Hazel D.
3c2
RAMOS, DANIEL R.
3C4
Thank you Sir...
Chiefly, in this lesson I learned the difference between amendment and complaint wherein amendment may involve either formal or substantial while substitution it involves substantial change from the original. Furthermore amendment can be formal or clerical change or substantial change whereas substitution is always and always substantial. In a simple sense, amendment before the plea can be effected without the leave of court. Substitute on the other hand is always done with leave of court in order to withdraw the first complaint or information made and replaced it. In amendment, preliminary investigation is not required but in substitution it is needed. Thus, the amended information should also be about the same case as the first information made, otherwise, it will be a different case, and if you file it again the accused could invoke double jeopardy. While in substituting an information, the new information should have a different offense that is now what is on the original charge in order the accused cannot invoke double jeopardy. Those that can amended are only those valid information and not those void information simply because void information does not exist in legal contemplation.
With regards to formal amendment:
A formal amendment is made when: (a). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (b).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (c). It does not involve a change in the basic theory of the prosecution. Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature.
Moreover substantial amendment is present when there is an amendment in substance where it covers matters involved the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense for example if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example is if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment.
With regards to procedure for amendment whereas Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Further upon motion by the prosecutors and with notice to the excused. After plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused. Amendment in the information which changes the nature of the crime after arraignment
As a General Rule: The prosecutor has no power to amend the information after arraignment as it would prejudice the substantial rights of the accused. It means as a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused.
Venue in institutional cases is jurisdictional the complaint and information can only be filed in court where the offense committed the exception is when committed in railroad, aircraft or any public or private vehicle, offense committed on vessel or voyage.
Lastly, Intervention of offended party in criminal action If a criminal complaint is filed in court, the civil liability. For example delicto or the civil liability arising from the crime is jointly instituted as that of the criminal action.
Forteo, Leah M.
3C1
Good day Sir. In this video I've learned about amendment and substitution.
• AMENDMENT - it can be formal or clerical change. Before the accused enters a plea of guilty or not guilty the prosecution has the right o amend the complaint as a matter of right even without seeking permission from a leave of court. Moreover, it will entail another preliminary investigation and the accused will have to make another plea.
• SUBSTITUTION - always substantial, and must always be done with leave of court since the original complaint will have to be withdrawn and another one will be filed in court as a replacement.
• FORMAL AMENDMENT
1. The spelling of the name of the accused will not affect the nature of the offense charged.
2. The theory of defense will not be affected by the change in the complaint.
3. It does not involve the basic theory of the prosecution.
• SUBSTANTIAL AMENDMENT. When an amendment pertains to the allegations of facts constituting the offense.
• VENUE OF CRIMINAL ACTIONS. Class venue in criminal cases is jurisdictional - the complaint can only be filed in the court where the offense was committed or any of the essential occurred.
Good Day, Sir! Based on the VRL that you have uploaded, I have learned the distinction between amendment and substitution. The elements or the contains of formal amendment, substantial amendment. The facts of criminal liability, how and when it can be called a criminal liability. Lastly, the intervention or the coping mechanism that an offended party should do after the crime against him or her happened.
BOSINOS, BENSON R. 3C3
good day sir! thank you for this video recorder lecture it will serve to me as a guide and knowledge to determine the distinction between amendment and substitution. in amendment of the complaint or information may involve either formal or substantial change. While when a party will substitute the complaint or information it always involve substantial change from the original charge and also. is always substantial, also an amendment may be formal or clerical change or substantial change whereas a substitution is always substantial. While the substitution it is must always be done with leave of court since the original complaint will have to be withdrawn and another one will be filed in court as a replacement.
In this topic I've learned a lot
-the amendment and substitution
- Formal amendment which is neither effect or alters the nature of the offense charge
- substantial amendment example is if the amendment change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to MTC it is considered as substantial amendment.
-procedure of amendment first is the BEFORE PLEA, which it is whether formal and substantial amendment it can be done without leave of court. And the next is AFTER THE PLEA AND DURING TRIAL, Is formal amendment with leave of court and without causing prejudice to the right of the accused.
-amendment in information which changes the nature of the arraignment
General rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused.
-period when substitution is proper
-limitations on substitution
-Venue for the substitution of criminal actions
- intervention of offended party
General rule: the offended party has the right to interven it councel to the prosecution of the criminal action where the civil action for the accuracy of civil liability is instituted in the criminal action personal to rule III (sec.16, rule 110).
TUBOG, MARIEL ANNE O.
3C2
I have learned in this video primarily the distinction of amendment and substitution wherein amendment may involve either or formal substantial while substitution involves only substantial change from the original charge. Also, I knew that matters subject to amendment wherein only valid information are the ones that can be amended as well as the elements of the formal amendment wherein it can only made when it neither affects nor alters the nature of the offense charged or the charge does not deprived the accused of a pair opportunity to present his defense or it does not involve any change in the basic theory of the prosecution. This video lecture also taught me about the procedure for amendment wherein charge can only be don for compliance under the three requirements such as upon motion by the prosecution, with notice to the accused and lastly, with permission of the court.
The knowledge I have learned in this video includes the general rule of the venue for the institution of criminal actions wherein is states that subject tk existing laws, criminal actions shall be instituted and tried in the court for the municipality kr territory where the offense was committed or any of its essential ingredients occured which is under Section 15 of Rule 110. Also, this states that venue in criminal cases is jurisdictional meaning any information or complaint can only be filed in the court where the offense was committed, however, as I always say, in every rule, there is always an exceptions.. In this general rule for venue, the exceptions includes first is when an offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip, second is where the offense was committed on board a vessel on its voyage, third is felonies under Article 2 of the RPC- it shall be cognizable by the proper court where the criminal action was filed, fourth is the continuous or transitory crimes, fifth, piracy- the venue for piracy, unlike other crimes, has no territorial limits. It is triable anywhere, sixth, cases of libel, the action may be instituted at the election of the offended or suing party in the municipality or city where the libelous article is first published or printed or if one of the offended party is a private individual where said private individual actually resides at the time of the commission of the offense or if the offended party is a public official, then you can file a complaint or information where the latter's hold office at the time of the commission of the offense, and lastly, the BP 22 cases or the bouncinf checks- the criminal action shall be filed at the places where the check was dishonored or issued. In cases of crossed check, the place of the depositary or the collecting bank.
These are the summarization of the lessons I have learned in this particular lecture. Thank you, sir!
ENDONILLA, AVEGEL U.
3C2 - BS CRIM
Thank you Sir for this video lecture. What I’ve learned in this lesson are:
Amendment vs Substitution
Amendments either involve formal or substantial changes. The prosecution has the right to amend the complaint or information as a matter of right, even without seeking leave of court, before the accused enters his plea of guilty or not guilty. It will also not necessarily require a new preliminary investigation or the seeking of the accused's plea. While substitution involves a substantial change from the original change. It must be done with leave of court as the original information has to be withdrawn and another one will be filed in court as a replacement. If the complaint or information has been changed or substituted it will entail another investigation and the accused must file another plea and arraign once more. An amendment, if the original would be withdrawn, the accused could invoke double jeopardy while substitution, the new information with a different offense which does not include in original charge, the accused cannot claim double jeopardy.
Formal amendment
Its instances are made when it neither affects nor alters the nature of the offense charged; it can take place if the charge does not deprive the accused of a pair opportunity, and does not involve a change in the basic theory of the prosecution. The defense theory would be unaffected by any changes to the allegation or facts. A formal amendment is one that does not cause the accused to be surprised when presenting or proving his innocence.
Procedure for amendment
Formal amendments can only be made with the court's permission and without jeopardizing the accused's rights after the accused has entered his plea and during the trial. If an amendment is made before a plea, whether formal or substantive, it can be done without the permission of the court. However, substantial changes that reduce the scope of the crime or remove any of the accused from the charge or facts can only be done if the three conditions are met.
Substantial Amendment
-if there is a material that involves matters relating to the recital of facts constituting the alleged crime in deciding the court's jurisdiction.
Period when substantial is proper
Anytime before the judgment that a mistake in charging the offense has been made. The original complaint will be dismissed, and the accused will not face double jeopardy.
Venue for the institution of criminal actions
It must be instituted and tried in the court or territory where the offense or any of its essential elements occurred.
The following are the exceptions to this rule:
The offense was committed on a railroad train, aircraft, or any public or private vehicle during the course of the trip.
2. Where the offense was committed on board a vessel while it was en route
3. Felonies under RPC Art. 2
4. Persistent or transitory offenses
5. Piratery
6. Libel
7. BP 22 cases "bouncing check".
In this video the summary that i learned the Substitution involves substantial change from its original. The amendment information must also shall contain same case as the first information made,otherwise it will not be the same and it will be different case to do this if ever ypu will file again.Amendment can be affected before the plea without the leave of the court period. The procedure for amendment can be made a clay formal and substantial amendment that downgrades the nature of offense charged or excludes any accused from the complaint or information period.It can only be mind with leave of court without causing prejudice ro the right of accused.
ATIENZA, ALLYSA JOY V.
3C1
Thankyou po Atty.!
This video thought me the difference between the amendment and substitution in criminal procedure. Amendment information refers to adjustment of the information for the same offense charged in the original information or to an offense. It can be made before the plea is entered. However, substitution requires or presupposes that the new information involves a different offense which does not include in the original charge. to become effective, it must have a proper leave of court for the original information has to be dismissed
In Effects of Forma Amendments:
-there is no need for the another preliminary amendment and retaking of the plea of the accused if such were ready conducted.
In Effects of Substantial Amendment
- there is an amendment is substance where it covers matters involving the recital of facts consisting the offense charged.
AMENDMENT IN THE INFORMATION WHICH CHANGES THE NATURE OF THE CRIME AFTER THE ARRAIGNMENT
- As a general rule, the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. And this was also has its exceptions to consider
In terms of Venue for the institution of Criminal Actions
-As per to the general rule, subject to existing law, the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. And consider all the exceptions that has been stated.
Done
COSICO, ANGELICA M. 3C1
I had learned that first that a Amended information should be the same as the first information made otherwise, the accused can invoke double jeopardy if the case will be different as it was filed again. However, in substituting information, new information should have different content of offense, that is what in the original charge so that the accused cannot invoke double jeopardy. And the formal amendment includes the nature of offense in which the spelling of the name of the accuse doesnt affect the charges. The theory of offense will not be affected by the change in complaint of information. As long as the amendment will not create a surprise kn the accused in proving his innocence or of his guilt, it is then formal, Substitutional amendment is when the offense change.
thank you po Sir. in this lesson the distinction between Amendments and Substitution of complaint, amendment can be a formal and base on your discussion that before the accuse before enter his plea of guilt or not guilty the prosecution has the right to amend a complaint and information as a matter of right even without of seeking permission from leave of court however in case of substitution it is always done with leave of court. In addition in the case of substitution if the information has been change then it will intake another preliminary investigation and the accuse will arraign once more moreover, in the information or complaint involve different offense which is not included in the original charge then the accuse cannot claim a double jeopardy and double jeopardy means that the accuse is prosecuted twice from the same offense. Matter subject to amendment is only valid information if it is void then it can be amend because only valid information can be amend. Formal amendment can affect the changes in the offense for example the name of the accuse will not affect the nature of the offense being charge and will consider as unsubstantial amendment in addition, as long as the amendment will not create a surprise in part of the accuse in proving his innocence the the amendment will consider a formal in nature. going to another topic the effects of forma amendment that theres no need a preliminary investigation on the accuse if such things is already conducted next is the procedure for amendment is made before plea both in formal and substantial without a leave of court and after plea the accuse will enter his plea formal amendment will be done with leave of court. the period of proper substitution done during trial like for example if accused is accused for the crime of homicide then the court find in the evidence a another evidence that will change the offense being charge that is being proper for the offense. the venue for the institution of criminal action is jurisdictional and the complaint can only file in place where the crime was committed but there is an exception when it is committed in a rail road train or aircraft, Vessel, transitory crime, Piracy, libel and in the case of bouncing check law.
-3C4
COMIA, MICHELLE P.
3C2
Good day! Thank you, Sir. for today's lecture. What I've learned for today's video Identifying the difference between an amendment and a substitution. Modifications to a complaint or piece of information can take the form of formal or significant adjustments. When a party substitutes a complaint or information, the original accusation is always significantly altered. It's a clerical or formal alteration, but a substitution is always significant. Without the permission of the court, an amendment might be made before the plea is entered. The prosecution has the right to change the complaint or information as a matter of right, even without requesting leave of court, before the accused enters his plea of guilty or not guilty. Since the original complaint, any substitution must always be done with the permission of the court.
Matters subject to ammendment 9in most cases, only genuine information can be changed in court. Only legitimate information can be modified, thus if the information is void, you won't be able to change it. Because an empty information does not exist in legal terms, it cannot be changed.
Formal Amendment
A formal amendment is made when:
(1). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (2). The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (3). It does not involve a change in the basic theory of the prosecution.
Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court.
Procedure for amendment except in cases where a substantial alteration downgrades the substance of the offense charged or excludes any accused from the complaint or information, amendments can be made before a plea, formal and substantial amendments can be made without the permission of the court. Prosecutors filed a motion, and the excused were given notice. Formal amendments can only be made after a plea and during the trial with the permission of the court and without jeopardizing the accused's rights.
Good Day Sir. Thank you for the lesson. These are what I’ve learned for today’s topic.
* Amendment or Substitution of Complaint or Information, A substantial amendment consists of the recital of facts constituting of offense and determinate of the jurisdiction of the court. All other matters are merely formal amendment. The test to distinguish whether the defendant is prejudiced by the amendment is whether the defense under the information would still be available after the amendment, and whether the original defense of the defendant would be equally applicable to the information in the one form as in the other. An amendment to an information which does not change the nature of the crime alleged therein does not affect the essence of the offense or cause surprise or deprive the accused of an opportunity to meet the new averment had each been held to be one of form and not of substance.
Formal amendment can be made provided it is with leave of court and it does not prejudice the rights of the accused.
MITRA, ANDREA MAE E. 3C4
CENTILLES, JOSHUA M.
3C4
Thank You Sir!
Amendment vs Substitution
Amendment can be formal or clerical change or substantial change whereas substitution is always substantial. Before the accused enters his plea guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In case of substitution must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. If the complaint or information has been changed then it will entail another preliminary investigation and the accused will have to enter another plea.
In case of substitution it requires that the new information involves a different offense which is not included in the original charge hence the accused cannot claim double jeopardy which means that the accused is prosecuted twice for the same offense. Only a valid information can be amended in court, if the information is void then you cannot amend it because only a valid information can be amended.
Formal amendment is made when it neither affects nor alter the nature of the offense charged. The spelling of the name of the accused will not affect the nature of the offense charged. The theory of defense will not be affect by the change of the complaint or information.
Substantial amendment - is present when there is amendment in substance when it covers matters involving the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment is the terminative of the jurisdiction of the court then it will be considered as substantial amendment. If the amendment change the penalty imposable that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment, e.g. the crime of cyber libel or libel as defined by article 352 of the RPC in relation to R.A. 10175, if you have amended the complaint or information to change it to unjust vexation then it would change the jurisdiction of the RTC because unjust vexation can only be filed before the municipal trial court or the first level courts.
Amendment can be made before plea both informal and substantial amendment without leave of court. Substantial amendment downgrades the nature of the offense charged or exclude any of the accused on the complaint or information.
Venue of Criminal Actions
Venue in criminal cases is jurisdictional which means that the complaint or information can only be filed in court where the offense was committed or any of the essential ingredients occurred.
Article 2 are the extra territorial application of the RPC it shall be cognizable by the proper court where the criminal action was first filed .
Intervention of Offended Party
in article 100 of the Revised Penal Code for every crime there is a corresponding civil liability. The commission of a crime comes with it civil liability then the private offended party can intervene in a prosecution of a crime.
Pag nag sampa ka ng kasong Kriminal yung pananagutang sibil na nag mumula sa krimen ay kahalo na rin sa Criminal Action na iyong isinampa sa Husgado.
Part 3 Criminal Procedure :
AMENDMENT AND SUBSTITUTION
I'd like to share my learnings from this lesson that has been tackled by you,Sir.But first ,I'd like to thank you for discussing it to us.
What I've learned from this lesson is that how amendment of complaint or information differs from substitution,as well as its rules and exceptions.
It says there that:
a. amendment involves formal and substantial changes;substitution must possess only a substantial changes.
b. amendment can be done even without leave of court;substantial requires leave of court for it to be effected.
c. amendment will not require another preliminary investigation when it comes to amending information,substitution requires another.
RULE: We cannot amend void information,the only information to amend are those valid.
FORMAL INFORMATION:
Made when it affect nor alters the nature of the offense charged.
Anything that is not a substantial with the complaint or information can be considered as formal information.
SUBSTANTIAL INFORMATION
If the amendment WILL CHANGE the penalty imposed or the nature of the offense and that it will change its jurisdiction.
We should always keep in mind its general rule:
The prosecutor can no longer amend the information after arraignment as it would prejudice he right of the accused.
Though it was generalized,it also has an exception.When a fact supervenes which changes the nature of the crime charged in the information or upgrades it to a higher crime.
PERIOD WHEN SUBSTITUTION IS PROPER
It appears anytime before judgment that a mistake has been made in charging the offense,provided the accused shall not be placed in double jeopardy.
There are 3 limitations discussed.First ,it must have no judgment has been rendered.Next, accused cannot be convicted of the offense charge and lastly,he /she could not be placed in double jeopardy.
Article 100 of the Revised Penal Code
It pertains with the phrase "Every crime has its own corresponding civil liability." Therefore, private offended party has the right to intervene with the the crime's prosecution.
EXCEPTIONS:
a. Crimes such as sedition,rebellion,treason(crimes against national security) has no civil liability,for it offended no private individual's civil right.
b. Offended party waived the right to civil indemnity ,or in legal definition, a compensation money or property for a loss suffered; and
c. Offended party had already instituted separate action.
These are my taken down notes today.Thank you po Atty.
I'm from section 3C3.
PRIOL, DARWIN J.
3-C2 BS-CRIMINOLOGY LSPU-SPCC
PART 3
Thank you sir for this video lecture. And this is the summary that i learned in this video lecture. Substitution involves substantial change from its original. The amendment information must also and shall contain same case as the first information made, otherwise it will not be the same and it will be different case to do this if ever you will file again. Amendment can be effected before the plea without the leave of the court period. The procedure for amendment can be made from clay formal and substantial amendment even without the left of court accepted in cases of substantial amendment that downgrades the nature of the offense charged or excludes any accused from the complaint or information period. It can only be mid with the leave. of court without causing prejudice to the right of the accused. The. amendment can also take place when the church does not deprive accused of a fair opportunity to present his defense. It does not involve the change in the physical beauty of the prosecution. As a general rule the prosecutor do not have the power to amend the information after the arrangement as it would prejudice the substantial rights of the accused. The venue in institutional cases is jurisdictional the complaint in information can only be filed in court where the offense committed.
JAVIER, KAYCE R.
3C1.
Thank you Sir for the lesson today.
What I've learned today:
Distinguishing the amendment and substitution
Amendment of complaint or information
May involve either formal or substantial changes. When a party will substitute the complaint or information it always involve substantial change from the original charge. It is a formal or clerical change whereas a substitution will always substantial.
Amendment before the plea is entered can be effected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In case of substitution it must always be done with leave of court since the original complaint or information will have to be with run and another one will have to be filed in court as a replacement.
An amendment as to form will not require another preliminary investigation and retaking of plea od the accused. If the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter a plea to there will be a re-arraignment.
In case of substitution it requires that the new information’s involves a different offense which is not included in the original charge hence the accused cannot claim double jeopardy. Jeopardy is the accused prosecuted twice for the same offense.
MATTERS SUBJECT TO AMENDMENT
As a rule only valid information may be amended in court. If the information is void you cannot amend it because only a valid information can be amended. A void information does not exists in legal contemplation therefore there is no amendment that it can be affected in a void information.
FORMAL AMENDMENT
A formal amendment is made when:
(1). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (2).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (3). It does not involve a change in the basic theory of the prosecution.
Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature.
Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense for example if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example is if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment.
PROCEDURE FOR AMENDMENT
Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Upon motion by the prosecutors and with notice to the excused. After plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused.
Amendment in the information which changes the nature of the crime after arraignment
General Rule: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. It means as a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused.
PERIOD WHEN SUBSTITUTION IS PROPER
Substitution is done during trial. For example is in case of proving complaint for homicide and during the course of trial the evidence would lead to another offense which is more proper then the court will allow substitution of the original complaints upon the filing of a new one upon depending the facts establish in court.
In this part or topic that was tackled, I have learned the distinction between Amendment and Substitution, the matters that may subject to amendment, what is formal amendment and its effects, the substantial amendment, its procedures, venue on criminal actions, and the intervention on the offended party.
Firstly, Amendment in a certain complaint or information involves formal or clerical changes while the substitution only involves substantial changes from the charged. Moreover, the amendment before plea can be affected without the leave of court while in contrary, the substitution must be with leave of court as the original information has to be dismissed or replaced. Also, in amendment, preliminary investigation or retaking of plea is not required while the substitution requires re-arraignment or preliminary investigation. Further, amended information is the same charge in the original offense that was included in the original charge but after the plea has been made, the objection of the accused will be dismissed. However, in substitution, the accused cannot claim double jeopardy since this requires a new information that involves a different offense from the original charge.
Furthermore, the matters that may be subjected to amendment are only those valid information since those that were considered null and void does not exist in the legal contemplation.
Also, the formal amendment shall only be made when it does not affect or alter the nature of the offense charged such as the misspelled of the name of the accused. Also, if it does not prohibits the accused from fair opportunity in presenting his defense and if the theory presented in such case does not affect the change that is made in the complaint or information.
The substantial amendment covers those matter that includes allegations of facts or changes in nature and penalty as well as the determination of the jurisdiction of court.
Formal amendment can be made before the plea without the leave of court. However, substantial amendment done before the plea can downgrade the nature of the offense charges and can exclude accused from complaint or information. This can be made upon the motion of the prosecutor with the notice to the accused and with the leave of court. Formal amendment shall be done after and during the trial whereas it should be made with leave of court and without causing prejudice to the rights of the accused.
Further, as stated in the amended in the information which changes the nature of the crime after arraignment, its general rules implies that the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights if the accused. However, as an exception, if the fact supervening changes the nature and upgrades the penalty charged on the accused.
Lastly, the venue on criminal action stated that it shall only be tried within its jurisdiction, however, if it was committed in a railroad train, aircraft or on board vessel, involves piracy, libel or the violation of BP 22, hence it can be tried or filed with the certain provision mentioned therein.
TEJADA, CHUSTYN L.
3C1
Good day sir!
The knowledge that I've been learned in this topic Amendment or Substitution of complaint information is the difference between amendment and substitution. And also the matters subject to amendment. Effects of formal amendment is also include in this topic . Substantial amendment that this is a substance where it covers matters involving the recital of facts constituting the offense charge. Also venue of criminal action and limitations on substitution.Thank you
MARANAN, JAY MARK L
3C3 -BS CRIMINOLOGY
Done watching sir! AVERION, DIANNE D. 3C4
In this video recorded lecture, I've learned the amendment and substitution were in amendment is a formal or substantial change while the substitution involves substantial changes. The Double Jeopardy is when a accused prosecuted twice to thesame offense. I also understand the formal amendment it affects not alters the nature of the offensed change. It does not involve change. As long as the amendment will not create a surprise on the part of the accuse in presenting and proving his innocence then the amendment will considered as formal in nature. When it comes to substantial amendment the example of this is if you change the alligation to change the normal of the offense on the law violators the it is considered as substantial amendment.
The procedure for amendment is made before the plea, after plea and during trial. if amendment is made before plea formal or substantial amendmentbit can be done without leave of court except when incase of substantial amendment when it downgrades the nature of offense or when it exclude any of the accused from any information then it can be only done upon compliance within the requirements (1) upon motion by the prosecutor (2) with notice to the executed. If the amendment is cause by the information it downgrades the nature of offense it can only made with motion for leave of court with notice to the offended party.
The General rule "the prosecutor can no longer amend the informatiom after arraignment as it would prejudice the substantial right of the accused."
exceptions is for example A stab B and it inflicted a wound but because of the time medical care B manage to survive the attack and he confine to the hospital the police file a attempted homicide. But when B died the death of the victim is a super venes fact because of the time that the complaint filed in court. the supervene fact of the prosecutor will amend the informations. Substitution is done during trial.
Venue in institutional cases is jurisdictional the complaint and information can only be filed in court where the offense committed the exception is when committed in railroad, aircraft or any public or private vehicle, offense committed on vessel or voyage.
Thank you sir I learned that the amendment or changing some portion of the complaint amendment is defined as formal or substantial change. It is entered can be effected without leave of court(before the plea) , before the accused is not define as guilty or not guilty the court can amend. in the substitution must be with leave of court as the original information has to be dismissed. in the amendment there is no preliminary investigation, in substitution there must be a preliminary investigation. A formal amendment is being made when the charge does not deprive the accused of a fair opportunity to present his defense. It takes place when the theory of defense is not affected when there is amendment.
Venue on criminal Actions
a criminal action must be instituted and tried in the court of the municipality or territory, it is jurisdictional, a criminal action mus be held in the place where crime has been committed or being occurred it is discussed on the first topic which is the territoriality. The exceptions are if the offense or crime was committed on a railroad train when it is in the course of trip you can file a case in the place where the train passes by.
Sanchez Emilia E.
3c3
BALLESTEROS, FRANCIS MICO S. 3C2
I’ve learned many things about amendment and substitution and their difference on how they are implemented. Also, amendments are not required another preliminary investigation. Otherwise, in substitution of the information, according to the rules, it is needed a another preliminary investigation. Venue in criminal cases is jurisdictional, approach the complaint or information can simplest be filed within side the court in which the offense committed.
Marvin V. Cabangon
3C1
Part 3
I noticed that this topic is really interesting and it hook my attention. I've learned a lot from this topic and let me state what I learned about this lesson start with the distinction between amendment and substitution the Amendment may involve either formal or substantial changes, while substitution necessarily involves a substantial change, in an 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, thus,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, and 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. In addition there is always a general rule that i need to memorize and remember, the general rule in amendment in the information which changes the nature of the crime after arraignment, " The prosecutor can no longer amend information after arraignment as it would prejudice the substantial rights of the accused. The general rule in the venue of an Criminal action, " Subject to existing laws, Criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred and lastly, the general rule or the intervention of offended party in Criminal action, " The offended party has the right to intervine it counsel in the prosection of the Criminal action where the civil action for recovery of civil liability is instituted in the Criminal action pursuant to rule 111. This is all what I've learned in this video lecture. Thank you sir. And God bless always.
DE LUNA JR., DOMINADOR A.
3C4
With regards to this lesson, learning about the differences between amendment and complaint. Basically on the first hand, the amendment may involve formal or substantial while substitution it involves substantial change from the original. To add, ammendment may be formal/clerical change or substantial change wherein substitution was always be substantial.
On the other hand, amendment before the plea can be effected without the leave of court. Substitute may always be done with leave of court in order to withdraw the first complaint or information made and being replaced. In amendment, preliminary investigation is cannot be required anymore but in substitution it is needed.
Thus, the amended information should be and always be the same case base on the first information mas done.
Otherwise, double jeopardy will be exist when there was a different cases were filed, and if it was filed again the accused may appeal double jeopardy base on the case. While in substituting an information, the new information should have a different offense that is now what is on the original charge in order the accused cannot invoke double jeopardy.
Regarding to the formal amendments,
formal amendment is made when: (a). It either affects or alters the nature of the offense charges.
A scenario when the the name of the perpetrator was misspelled it will not affect the nature of the offense that was being charged from him/her and it will be considered as a formal or unsubstantial amendment of complaint/information.
(b).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense.
Note: The theory of defense will not be affected by the change in the complaint or information.
(c). It does not involve a change in the basic theory of the prosecution.
Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature.
As a General Rule the prosecutor was not on the possession of his power to amend the information after arraignment as it would prejudice the substantial rights of the accused.
As stated on the rule, the prosecutor cannot amend the information after the accused had enter his plea because it will prejudiced or affect the rights of the accused which is the substancial rights.
Venue in institutional cases is jurisdictional the complaint and information can only be filed in court where the offense committed.
Note there was always an exception in every rule, when there is committed in railroad, aircraft or any public or any private vehicle and offense committed on vessel or voyage.
MEA, KATHERINE JOY (3C2)
This topic informed me about what to do if there is something to change or substitute in a complaint or information, even what are the amendment or substitution may be involved before the plea that can effected with or without leave in a court. It also explains those charged in the amendment that can be charged in the original information after the plea has been taken and also requires in substitution in the new information does not include in the different offense are necessarily in the original charge that if can be charged in double jeopardy.
Furthermore, it also explain those subject matter to be amendment it only valid information may be amended, must an information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect. It the formal amendment it says that no need in preliminary investigation and retaking of the plea of the accused will already conducted.
And it’s made the amendment it’s either affects nor alters the nature of the offense charged, if the charged does not deprive the accused of fair opportunity to present his defense, and lastly it does not involve a change in the basic theory of the prosecution. But the formal amendments have been a new allegations which relate only to the change of the penalty that the court might impose in the event o conviction and amendment which does not charge another offense different or district from that charged in the original one and the additional allegations which do not alter the prosecution’s theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume.
In short As long as the amendment will not create a surprise on the part of the accused in presenting in proving innocent, and the effect of formal amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted.
Now, in the Substantial Amendment it must covers matters involving the recital of facts, by constituting the offense charged and determinative of the jurisdiction of the court, even when amendment pertains to the allegations of facts constituting of the offense or change the nature of crime and the amendment will change the penalty that change the jurisdiction.
If amendment is before the trial or plea whether or not formal or substantial amendment, it can be without leave of court except in case of substantial amendment Downgrades the nature of the offense charged it can only done by done by the three requirements , Upon a motion by the prosecutor, With notice to the excused, With leave of court. However if the amendment is after the plea and during the trial or the accused enters his plea even in case of formal amendment it will leave of court and without causing prejudice to rights of accused.
Additionally, if the period of substitution is proper it appears any time before judgement 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, provided the accused shall not be placed in Double Jeopardy. And the limitation on this substitution is no judgement yet been rendered , the accused cannot be convicted of the offense charged or of any other offense necessarily included therein, and also the accused would not be placed in double jeopardy.
In the venue of criminal actions it must be subject to existing law criminal action shall be instituted and tried in the court of the municipality or territory the offense was committed or any of its essential ingredients occurred but there’s an exception that the offense was committed on a railroad train, in aircraft or in any other public or private vehicle in the course of trip, Where the offense is committed on board a vessel on its voyage, Felonies under ART 2 of the RPC , shall be cognizable by the proper court where the criminal action was first filed, the Continuous or transitory crimes.
In the intervention of offended party, according in the Article 100, it says that every crime there is a corresponding in civil liability that the private offended party can intervene in the prosecution of a crime. However in general rule “the offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111 sec 16, rule 110.” That explains, if the criminal complaint filed in court the civil liability arising the crime is jointly instituted in criminal action in court, and when the criminal action is instituted in court then the civil liability is jointly instituted. But there’s an exception in this rule from the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party. E.g Sedition, rebellion, treason (crimes against national security)/ private offended party, from the offended party waived the right to civil indemnity and lastly, the offended party had already instituted separate action.
TULAWE RICO O. BSCRIM-3C1
Good day Atty. In this lecture series I learned more about amendments or substitutions of a complaint or informations. Amendments may involve formal or substantial changes while on the other hand substitution it involves substantial from the original charge. An amendments before plea is entered can be effected without leave of court while in substitution it must be with leave of court as the original informations has to be dismissed. In amendment also doesn’t require another preliminary investigations and retaking of plea of the accused while on the other hand substitution of information’s entails another preliminary investigation and plea to the new information. Moreover in amendment the amended information refers to the same offense charged whereas in substitution it involves new information a different offense which does not included in the original charge.
Matters subject for amendments are only valid information’s, an information filed before the affectivity of the law punishing the offense may not be amended after the law had come into effect.
Also I learned about formal amendment, it is made when the offense affects nor alters the nature of the offense charge charged. The charge does not deprive the accused of a fair opportunity to present his defense. And does not involve a charge in the basic theory of the prosecution.
In terms of formal amendments includes the following, there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. Amendment should be made before the plea, either formal or substantial it can be made without the leave of court. Substantial amendment downgrades the nature if the offense charged, the prosecution should file a motion for leave of court with notice to the offended party.
As a general rule the prosecutor can no longer amend the information after the arraignment as it would prejudice the substantial rights of the accused, however if the offense changes the nature of the crime charged because of the facts that supervenes it will upgrade the crime charge and the penalty.
Substitution should be done during trial.
thank you sir, I learned here in Criminal Procedure is about amendment and substituition. when said amendment it refers to a formal or official change made to a law, contract, constitution, or other legal document and no longer requires Preliminary Investigation. and the next is when it says Substituition it refers to new information is for a different offense which does not include or is not necessarily included in the original charge and in addition it requires a Preliminary investigation unlike the amendment required by the preliminry investigation. The next topic is about to, matters subject to amendment, here what I learned is that it is necessary, only valid information can be amended here. The next is about the formal amendment and this is about or additions that become part of the written language of the Constitution itself. And in addition it is or additions that become part of the written language of the Constitution itself. The next one is substuntial amendment, this in turn refers to defined as change to the terms of the protocol or any other supporting documentation that is likely to affect to a significant degree, and this is what I learned in the topic of Criminal Procedure.
-REYES, ARJAY B.
3C4
CABALFIN, JOHN EDWIN C.
3c3.
In this lecture, l've learned the distinction between Amendment and Substitution. In Amendment, it is contained of formal and substantial changes and these amendments can be effected without leave of court. Amendments also is not required a another preliminary investigation. While in Substitution, it is contained of a substantial change to the original charge and it was needed with the leave of the court. In Substitution of the information, according to the rules, it is needed a another preliminary investigation.
Another the I've learned was what matters subject to amendment was those information that is valid.
Next that I also leaned what are those matters and the things that might be considered to have a formal amendment. In the topic of procedure for amendment, I learned that when the amendment was made before plea, whether formal or substantial amendments it can be made without leave of court. And when after plea and during trial it can be made with leave of court.
In the topic of " Venue for the institution of Criminal Actions" I learned that the crime that violated was can only file where the crime or the offense was committed and the exceptions.
In the topic of Intervention of the offended party, I learned that Civil liability that arise in the case was instituted in the together with the criminal liability. Also I also learned the exceptions.
GARCIA, RUIZ V.
3C2
There are two types of amendments: procedural and substantive. Before the accused makes his plea of guilty or not guilty, the prosecution has the freedom to change the case or evidence without demanding leave of court. It would therefore not necessitate a new preliminary examination or the entry of a confession by the convicted. Substitution, on the other hand, is a significant departure from the initial reform. Since the original information must be deleted and a new one submitted in court as a substitute, it must be done with court permission. If the allegation or evidence has been altered or replaced, a new investigation will be conducted, and the complainant will be required to enter a new plea to be arraigned again. In the case of an addition, the accused could argue double jeopardy if the initial allegation was dropped, while in the case of a replacement, the added evidence with a separate offence that was not used in the original accusation, the accused could not claim double jeopardy.
Mitra, Dominic Louis M. 3c4
In this lesson, I have learned the ff:
The disiction between amendment and substitution of complaint or information. Amendment may involve either formal or substantial change. However it is always substantial change in substitution. Amendment before the plea is entered can be effected w/o leave of courtand will not require another prelimenary investigation and retaking of plea. On the other hand, substitution of info. Entails another prelimenary investigation and plea (re arraignment).
Matters subject to amendment
Only valid info and info filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect.
Formal amendment is made when it neither alters or affects the nature of the offense charged. The charge does not deprive the accused of fair oppurtunity to present his defense. Additional allegations which do not alter the prosectutions theory of the case so as to surprise to the accused and effect the form of defense he has or will assume.
Effects of formal amendment: there is no need for another prelimenary amendment and retaking of the plea of the accused if such were already conducted.
I also learned the procedure of amendment,
When it is made before the plea, it may formal or
substantial amendment without the leave of the
court. When it says the substantial amendment, it
downgrades the nature of the offense or excludes the
accused from the complaint or information and must
be upon the motion of the prosecution, with notice to
the excused and with the leave of the court. Also when it is During the trial and after the pleas, in formal
amendment, it is made without the leave of court and
not prejudice the rights of the accused.
Period when substitution is proper, anytime before the judgement that a mistake has been made in charging the offense. The court shall dismiss the original complaint and the accused shall mot be placed in double jeopardy.
Venue for the institution of criminal actions
It shall be instituted and tried in the court or teritory where the offense was committed or any of its essential ingredients occured. The exemptions of this rule are 1) offense was committed on a rail roal train, aircraft or any public or private vehicle in the course of trip. 2)where the offemse committed on board a vesel on its voyage 3) felonies under art 2 of the RPC 4)continuous or transitory crimes 5)piracy 6)libel 7)BP 22 cases "bouncing check"
Villasorda, Israel Jire R
3c4 BSCRIM
Thank you po Atty, the following are the summarization of the lesson that was discuss and some of the key point or highlights:
The term amendment may involve either a formal or a substantive change. Before the accused enters his plea of guilty or not guilty without the leave of court, the prosecutor has the right to amend. It does not necessitate a new preliminary investigation. If it is based on the same allegation, and the accused can claim double jeopardy.The substitution is often substantial and must be done with the leave of court, so the original allegation or information must be withdrawn and replaced in court. In the absence of a complaint or information, a preliminary examination must be undertaken, and the accused must be arraigned again.
Double jeopardy refers to a situation in which a person is tried twice for the same crime.
Formal amendment and Substantial Amendment
Formal amendments are those that do not change the substance of the crime charge, such as the accused's name spelling. The alteration in the information or complaint would have no effect on the defense theory. It is a formal amendment, if the amendment makes no surprise to the accused's innocence or guilt. When there is a substantive amendment, it includes matters such as the recital of evidence constituting the crime alleged and the determining of the court's jurisdiction. The allegation of evidence constituting the crime, as well as any changes to the nature of the offense, the law violated, or the essential ingredients, are all considered substantial amendments. When the scope of the offense changes, such as moving the court from RTC to MTC, a substantial amendment occurs.
Procedure for amendment
Without the leave of court, both formal and substantive amendments may be made before the plea, unless a substantive amendment decreases the nature of the crime charged or eliminates any accused from the complaint or information. Formal amendments can only be made after the plea and during the trial with the permission of the court and without jeopardizing the accused's rights. Before a plea, whether formal or substantive, an amendment is made. Except in cases of substantial amendment, such as when the nature of the crime is downgraded or when either of the accused is excluded from the complaint or information, it may be done without court leave of the court, if the three conditions are met: upon motion by the prosecution, with notice of the accused, leave of court or permission from the court
Upon arraignment, an amendment to the information changes the nature of the offense. As a general rule, after arraignment, the prosecutor cannot amend the information because it will prejudice the accused's significant rights. It means that, in most cases, the prosecutor cannot amend the information after the accused has entered his plea because it will adversely affect the accused's substantive rights.
Period when substitution is proper
During the trial, substitution is carried out. If, for example, you are proving the case of a homicide complaint and the evidence leads to another crime that is more appropriate during the course of the trial, the court would allow the original complaint to be changed for a new one depending on the evidence established.
The venue for criminal prosecution is jurisdictional, which means that complaints and information could only be submitted in the court in which the crime was performed or any of the essential elements occurred.
BALATASO, MIKAELLA 3C2
THANK YOU PO ATTY. REYES
The summary of the video lecture that I've learned is the following:
* Amendment of substitution of complaint or information which is amendment that include either formal or substantial changed while the substitution is involves substantial change from the original chance.
* Matters subject to amendment which is only valid may be amended.
* Formal amendment talks about 3 steps how amendment made
* Effects of forma amendment there is no need for another preliminary amendment and retaking of plea
* Additionally the substantial amendment there is an amendment substance where it courts matters involving.
*As well also discussing about the procedure of amendment, further amended in the information which downgrades the nature of the offense the prosecution should file a motion for leave of court which notice to the offended party.
* Amendment in the information which charges the nature of the crime after arrangement.
* Period when susbstitution is proper if it appears anytime before judgment that a mistake was been made in charging the proper offense. Additionally substitution is done during trail
* Venue of criminal actions where is discuss about the general rule and exemption the exception has composed of seven grounds.
* Intervention of offended party which is the general rule the offended party has the right to intervene it counsel action where the civil action pursuant to rule (sec,16 rule 110) and also the exeptions that has 3 grounds.
FAJANILAN, KRISTEL ANNE C.
3C1
Thankyou Sir
In this lesson, I've learned that an amendment of the complaint or information may involve either formal or substantial change. On the otherhand when a party will substitute the complaint or information, it will always involve substantial change from the original change. Amendment can be formal or clerical change or substantial change whereas substitution is always and always substantial.
Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the compaint or information as a matter of right even without seeking permission from the leave of court. In case of substitution, it must always be done with leave of court since the original complaint or information will have to be withdrawn and will be filed in court as a replacement.
If the complaint or information has been changed or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter plea so there will be re-arraignment. In case of amendment there is no need for preliminary investigation but in case of substitution of the complaint od information then another preliminary investigation must be conducted and accused must be arraigned once more.
Matters subject to Amendment
As a rule only valid information can be amended in court. If the information is void, is a total nullity then you cannot amend it because only a valid information can be amended. A void information does not exist in legal complation and therefore there is no amendment that cane be affected in a void information
Formal Amendment
1. A formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charged and thereforw can only be considered as a formal or an unsubstantial amendment of the complaint of information.
2. The theory of defense will not be affected hy the change in the complaint of information
Note: As long as the amendment will not create a suprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as a fornal in nature.
Substantial Amendment
When the amendment pertains to the allegations of facts constituting the offense. For example if you change the allegation as to change the nature of the offense or the law violated (essential ingridients of the crime) then it is considered as substantial amendment or when amendment is determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example if the amendment will change the penalty impossable or the nature of the offense that will change th jurisdiction from the RTC to the MTC the it will be considered as a substantial amendment.
Procedure for Amendment
Amendment can be made before plea both in formal and substantial amendment without leave of court. Before plea without leave of court upon motion by the prosecutor and with notice to the accused, with leave of court however after the accused has enters his plea of guilty and during trial formal amendment can only be made with leave of court and without prejudice to the rights of the accused. Amendment is made before plea whether or not formal or substantial. It can be done without leave of court except in cases of substantial amendment when it downgrades the nature of the offense or when it excludes any of the accused from the compaint or information the it can only be done upon compliance to the three requirements: (1) upon motion by the prosecution (2) with notice of the accused (3) leave of court or permission from the court.
Amended in the information which changes the nature of the crime after arraignment
As a rule the prosecutor cannot amend the information after the accused had entered its plea or his plea because it will prejudice the substantial rights of the accused
Period when substitution is proper
Substitution is done during trial. For example you are proving the case of a complaint for a homicide and then during the course of a trial the evidence would lead to another offense which is more proper then the court will allow substitution of the original complaint upon the filling of a new one depending upon the facts established.
Venue for the Institution of criminal actions
Venue in criminal cases is jurisdictional which means that the complaint and informatiom can only be filed in the court where the offense was committed or any of the essential ingredients occured.
Intervention of offended party in criminal action
If a criminal complaint is file in court, the civil liability ex delicto or the civil liablity arising from the crime is jointly instituted as that of the criminal action
OCAMPO JOHN LOUIE D.
3C1
Thank you sir, in this video lecture I've learned the procedures in amendment and substitution.
MATTERS SUBJECT TO AMENDMENT
As a rule only valid information may be amended in court. If the information is void you cannot amend it because only a valid information can be amended. A void information does not exists in legal contemplation therefore there is no amendment that it can be affected in a void information.
FORMAL AMENDMENT
A formal amendment is made when:
(1). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. (2).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information. (3). It does not involve a change in the basic theory of the prosecution.
Note: As long as the amendment will not create a surprise on the part of the accused on presenting or proving his innocence the amendment will be considered as a formal in nature.
Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting the offense for example if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment or when amendment is the determinative of the jurisdiction of the court then it will be considered as a substantial amendment. For example is if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as a substantial amendment.
PROCEDURE FOR AMENDMENT
Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Upon motion by the prosecutors and with notice to the excused. After plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused.
Amendment in the information which changes the nature of the crime after arraignment
General Rule: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. It means as a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused.
PERIOD WHEN SUBSTITUTION IS PROPER
Substitution is done during trial. For example is in case of proving complaint for homicide and during the course of trial the evidence would lead to another offense which is more proper then the court will allow substitution of the original complaints upon the filing of a new one upon depending the facts establish in court.
ENDONILLA, AVEGEL U.
3C1
Good day! Thank you Sir for this video lecture.
This lecture discuss about the amendment vs substitution. In which the prosecution has the right to amend complaint or information as a matter of right, even without seeking leave of court, before the accused enters his plea of guilty or not guilty. Amendments either involve formal or substantial changes and do not necessarily require a new preliminary investigsation or the seeking of the accsed's plea. Substitution involves a substantial change from the original which means the original information has to be withdrawn and another one will be filed in court as a replacement.
Formal amendment is a change in the nature of an allegation or facts that does not affect the basic theory of the prosecution. It can take place if the charge does not deprive the accused of an opportunity to present his defense, and does not alter the substance of the case. A formal amendment does not cause the accused to be surprised when presenting their case. Procedure for amendment changes to the charge of facts in a criminal case only made after the accused has entered a plea and if they do not jeopardize the accused's rights. If an amendment is made before plea, whether formal or substantive, it can be done without the permission of the court. However, substantial changes that reduce the scope of the crime or remove any of the accused from the charge are only allowed if the three conditions are met.
Substantial amendment is a material that involves matters relating to the recital of facts constituting the alleged crime in deciding the court's jurisdiction. Period when substantial is proper anytime before the judgment that a mistake in charging the offense has been made. The original complaint will be dismissed, and the accused will not face double jeopardy.
Venue for the institution of criminal actions must be instituted and tried in the court or territory where the offense or any of its essential elements occurred. The following are the exceptions to this rule: the offense was committed on a railroad train, aircraft, or any public or private vehicle during the course of the trip; where the offense was committed on board a vessel while it was en route; felonies under RPC Art.2; persistent ot transitory offenses; piratery; libel; an BP 22 cases "bouncing check".
ALAVREZ, JONEL L. 3C2
In this lecture, I have learned the distinction between the Amendment and substitution wherein, the amendment may involved either formal or substantial changes. there is no need to preliminary investigation while substitution involves substantial changes from the original charge but in case of the substitution of complaint another preliminary investigation will be conducted and the accused may be arraign once more.
- the matters to amendment as to rules, only valid information may be amended in the court of law. However, if the information is being void the amended is no longer been applicable.
TICZON, KENT STEVEN B.
3C3
I learned about the amendment vs substitution on learning this topic amendment is done by either formal or substantial statement and the substitution is involves substantial change from the original charge.
The double jeopardy is the accussed twice in the same offense.
Next is the matters subject to amended I learned that it is only valid information may be amended. The formal amendment it neither affects nor alters the nature of the offense charged.
Forma amendments is there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. The substantial amendment is covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court.
Example case are libel
The general rule of amendment in the information which changes the Nature of the Crime Arraingment is the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused also the substation is done after the trail. Also there are limitations on the substitution
I learned also the venue for the institution of Criminal Actions as if the general rule is subject to existing laws, criminal action shall be instituted and tried in the court of the municipality of territory where the offense was commited of if it’s any essential occurred.
Lastly is the Intervention of Offended Party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action.
Dizon, Jessica B.
3c3 Bs Crim
Thank you sir. In this topic I'ved learned the differences between the Amendments and Substitutional of complaint. Amendment defined as a formal or substancial changes. the amendment before the plea is entered can be affected without leave the court. Amendment as to form will not require another preliminary investigation and retaking plea of the accused. while the substitution it must be always done with the leave of the judiciary. While in a formal amendment its either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information. Also the charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his/her defense. The theory of defense will not be affected by the change in the complaint or information. And lastly it does not involve a change in the basic theory of the prosecution. While the substituion it defined as the substancial changes from the original charged.And it must be with the leave of the judiciary as an original information to be dismissed.
In this video, I learned about the difference between an amendment and a complaint, where an amendment can be either substantial or formal, whereas a substitution can be either formal or substantial. Also, an amendment can be either formal or substantial, whereas a substitution can never be either formal or substantial. Furthermore, amendments can be made prior to the plea without the need for court permission; however, substitutes must always be done with court permission in order to withdraw the first complaint or information made and replace it. The amendment does not require preliminary investigation; however, it is required in substitution.
However, the amendment information must also and shall contain the same case as the first information made; otherwise, it will not be the same and will be a different case to do so; if you file this case again, the accuser may invoke double jeopardy. Only valid information can be amended, not void information that does not exist in legal contemplation.
With regards to formal amendment it is made when
(a) either it affects or alters the nature of the offense charges
(b) the charge does not deprived accused of fair opportunity to present his defense. A formal amendment can also take place when the church does not deprive accused of a fair opportunity to present his defense.
(c) it does not involve the change in the physical beauty of the prosecution
Note: as long as the amendment will be not create a surprise on the part of the accused on presenting or braving the innocence the amendment will be considered as a formal in nature.Substantial amendment is presented when an amendment in substance covers matter that involves the recital of facts constituting the offense charged and the determine if of the jurisdiction of the court . When amendment refers to the allocation of facts constituting the offense to change the nature of the offence or the law violated is what we call the essential in ingredients of the crime then it will be considered as substantial amendment. When amendment will be determined at each of the jurisdiction of the court then it will be considered as substantial amendment
The procedure for amendment, in which amendment can be made from clay formal and substantial amendment even without the leave of court accepted in cases of substantial amendment that downgrades the nature of the offense charged or excludes any accused from the complaint or information period also upon the prosecutor's motion and with notice to the excuse after the plea and during the trial for the excuse after the plea and during the formal trial, I mean that can only be mid with the leave of court without causing prejudice to the accused's right. Furthermore, after the arraignment, amend the charge as well as the nature of the crime in the information.
As a general rule, the prosecutor does not have the authority to amend the information after the arrangement because it would jeopardize the accused's substantial rights. This simply means that the prosecutor cannot amend information after the accused has entered his plea because it would jeopardize the accused's substantial rights.
In institutional cases, the venue is jurisdictional. The complaint in information can only be filed in the court where the offense occurred; the exception is when the offense occurred in a railroad, aircraft, or any public or private vehicle, or when the offense occurred on a vessel or voyage.
PONTIGA, JHENNIE
3C2
CONSEBIDO, MARIE GEORGE M.
3C2
AMENDMENT VS SUSTITUTION
Amendment may involve either formal or substantial changes, while substitution necessarily involves a substantial change. 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.
DEL MUNDO, SHAINA D. 3C4
In this topic I've learned the amendment involve either formal or substantial changes. When you say amendment formal or clerical or substantial change. Substitution always done with leave of court as the since original information has to be dismissed as a replacement.
In case of amendment there is no need for another preliminary investigation but in case of substitution of the complain then another preliminary investigation must be conducted and the accused must be arranged once more.
Matters subject to amendment
- only valid information may be amended.
Formal amendment
- neither affects nor alters the nature of offense
- the charge does not deprived the accused of fair opportunity
- does not involve the change of basic theory of prosecution.
When amendment is terminative of the jurisdiction of the court then it will be considered as substantial amendment.
Procedure for Amendment
- can be made before plea both n formal or substantial amendment without leave of court.
- before plea or after plea of the trial.
Venue on Criminal Actions
Is jurisdictional that means that the complain or information can only be filed in the court where the offense is committed.
Intervention of Offended Party
Under Article 100 of revised penal code, for every crime their is corresponding civil liability.
The civil liability arising from the crime is impliedly instituted with the criminal action in court which is why the offended party can intervene in a criminal action.
ROQUE, ALEXANDRA 3C2
This topic taught me what to do if there is something to change or substitute in a complaint or information.
When there is something to amend in a complaint or information it involves formal or clerical change while when substituting it only involves substantial change. Also, amendment before the plea can be effected without the leave of court. While substitute is always done with leave of court in order to withdraw the first complaint or information made and replace it. In amendment, preliminary investigation is not required but in substitution it is needed.
The amended information should also be about the same case as the first information made, otherwise, it will be a different case, and if you file it again the accused could invoke double jeopardy. While in substituting an information, the new information should have a different offense that is now what is on the original charge so the accused cannot invoke double jeopardy.
Those that can amended are only those valid information and not those void information because void information does not not exist in legal contemplation.
A formal amendment are those that do not affect the nature of the offense charge such as the spelling of the name of the accused. Also when the theory of the case does not affect the change that is made in the complaint or information. As long as the amendment that is made does not surprise the accused that is about his innocence or guilt then it is a formal amendment,
Substantial amendment is when there is changing of the offense, and the jurisdiction of court when the nature of the offense change like changing the court from RTC to MTC.
Before a plea, you can make a formal amendment and substantial without leave of court. Substantial amendment which downgrades the nature of the offense change and is made upon the motion of a prosecutor and with notice to the excused. While after plea and during trial there is only formal amendment with leave of court and it should not prejudice the rights of the accused.
Amendment in the information which changes the nature of the crime after arraignment. The prosecutor cannot amend the information after arraignment because it will prejudice the substantial rights of the accused.
Period when substitution is proper. There is a mistake in the charging of the proper offense. Substitution can be done during trial.
Venue for the institution of criminal action.
Complaint and information can only be file in the court where the offense was committed. The exception is when it was committed on a railroad train or aircraft, or on board a vessel.
DAPULANO, YSABEL R.
3C2
Good day sir! I'm done watching the video. Thank you so much for this very informative video. The things I learned are about amendment, substitution, the process of formal amendment and its effect, and lastly is the venue
AMENDMENT
➢ May involved either formal or substantial changes.
➢ Amendment before the plea is entered can be effected without leave of court.
SUBSTITUTION
➢ Involves substantial change from the original charge.
➢ It must be with leave of court as the original information has to be dismissed.
FORMAL AMENDMENT- there is no need for another preliminary investigation and
retaking of the plea of the accused if such already conducted
EFFECTS OF FORMAL AMENDMENTS:
➢ there is no need for another preliminary investigation and retaking of the plea of the
accused if such has already been conducted.
SUBSTANTIAL AMENDMENT
➢ There is an amendment in substance where it covers matters involving the recital of
facts constituting the offense charged and determinative of the jurisdiction of the court
Arraignment- is the process where the information of or complaint is read in the
presence of the accused and then the court will ask the accused what is the plea; guilty
or not guilty.
VENUE FOR THE INSTITUTIONS OF CRIMINAL ACTIONS
GENERAL RULE:
“Subject to existing laws, criminal laws, criminal action shall be instituted and tried in the
court of the municipality or territory where the offense was committed or any of its essential ingredients occurred (Section 15, Rule 110)
Hila, Erika Aira A. (3C4)
Good Day Sir! In this lesson I've learned the difference between amendment and complaint. Amendment may involved formal or substantial. Amendment can be affected before the plea without the leave of the court period, substitute will always be done with leave of the court to be able to withdraw the first complaint and information made and replaced it. Preliminary investigation is not required in the amendment instead it is needed in substitution. Amendment information must also contain same case as the first information made, otherwise it will be the same. If ever you will file again this case at accuse can be double jeopardy. Formal amendment can be made provided it is with leave of court and it does not prejudice the rights of the accused.
Timbas Rio Vanessa M. 3C2
-i learned in this video lecture in what is the difference if amendment and substitution and the following;
Amendment
-It includes formal or replacement modifications - Amendments can be made before the plea is entered without the need for approval from the court (prosecution can amend) - It does not necessitate a new preliminary examination or the accused's retaking of his or her plea.
-Refers to the same crime charged in the information or an offense charged in the initial information that cannot be made over the accused objection, thus invoking the double jeopardy.
Substantial
- it involves substantial change for the originsl charge and it must be done with the permission of the court so the initial evidence must be dismissed - It necessitates a new preliminary investigation and a plea of new information.
Matter subject to amendment
there are 2 matters first is only valid Information may be amend, and an information filed before the effectivity of the law the punishing in the offense may not be amended after the law had come into effect.
Formal Amendment
-When it has no effect on the essence of the crime committed, it is made.
-Formal information includes something that isn't directly related to the allegation or information.
Substantial Amendment
-when there is substance that covers matters concerning the recital of facts constituting the offense charged determining the court's jurisdiction.
Period when substantial is proper
- period of substitution is proper it appears any time before judgement 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, provided the accused shall not be placed in Double Jeopardy.
-limitation on this substitution and when it is not proper is no judgement yet been rendered , the accused cannot be convicted of the offense charged or of any other offense necessarily included therein, and also the accused would not be placed in double jeopardy.
Venue for the institution of criminal actions
-General rule stated that in Sectiin 15 rule 110, Subject to exist9ng law, criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed. Exception when an offense was committed on a railroad, aircraft or a vehicle used for a trip, on board of a vessel on its voyage,third is felonies under Article 2 of the RPC (EXTRA TERRITORY) next is the continous or trabsitory crimes, the Piracy and Libel and. BP 22 or Bouncing Checks where a criminal action that check has been dishonored or issued.
Thank you Atty. and Godbless you always 😊
AMENDMENT OR SUBSTITUTION OF COMPLAINT OR INFORMATION
AMENDMENT VS. SUBSTITUTION
1. In amendment, it may involve either formal or substantive charges. While substitution may involve substantial charges from the original charge.
2. An amendment before the plea is entered can be effected without leave of court. It is done before the accused plea that he is guilty or not guilty. This is when the time that the prosecutor has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court.
On the other hand, substitution must always be with leave of court as the original information should have to be withdrawn and the other one would be filed in the court as replacement.
3. Amendment as to form will not require another preliminary investigation and retaking plea of the accused.
However, the substitution of the information entails another preliminary investigation and plea to new information. Here, if the complaint or information has been changed or substituted then it will entail another preliminary investigation than the accused have to make another plea with is called re-arraignment.
4. An amended information relies to the same offense charged and the original charged. Hence, substantial amendment to the information after the plea has been taken cannot be made over the objection of the accused. If the original could be withdrawn, the accused can invoke double jeopardy.
In contrary, substitution requires or presupposes that the new information involves a different offense which does not include or is not necessary included in the original charged. Hence, the accused cannot claim double jeopardy.
MATTERS SUBJECT TO AMENDMENT
Only VALID INFORMATION may be amended (in court).
- If the information is a total nullity then you cannot amend it.
- A void information does not exist in legal contemplation. Therefore, there is no amendment can be affected in void information.
The information filed before the effectivity to the law punishing the offense may not be amended after the law had come into an effect.
FORMAL AMENDMENT
It is made when:
1. It neither affect nor alter the nature of offense charged.
Example: A formal amendment on the name of the accused or of the spelling of the accused name will not affect the nature of offense and is considered as formal or substantial.
2. The charge does not deprive the accused of a fair opportunity to present his defense.
3. It does not involved a change in the basic theory of prosecution.
NOTE (BOTTOMLINE):
As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as formal in nature.
EFFECTS OF FORMA AMENDMENT
- No need for preliminary investigation and retaking the plea of the accused if such will be conducted.
SUBSTANTIAL AMENDMENT
- There is an amendment in the substance where it cover matters involving the recital of facts constituting the offense charged and determining the jurisdiction of the court.
- When the allegation pertain to the fact constituting an offense.
Example: You change the nature of the offense or law violated (essential ingredients of the crime) then it is considered as substantial amendments or when the amendment is the nature of the jurisdiction of the court then it will be considered as Substantial Amendment.
- If the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC then it will be considered as the substantial amendment.
Example: If the crime of Cyber Libel as defined by the Article 352 of the RPC in relation to R.A. 10175 or the Cyber prevention in the Philippines.
Here, if you amended the complaint the information to change it into unjust vexation then it will change the jurisdiction of the RPC. Because unjust vexation can only be tried before the MTC or the first level court therefore, the amendment will bring the charged as to the jurisdiction of the court then such amendment will be considered as substantial one.
PROCEDURE OF AMENDMENT
Before Plea (Amendment)
- FORMAL and SUBSTANTIAL that is made without the leave of the court.
Before Plea (Substantial Amendment)
(a) Downgrades the nature of offense charged
- The prosecution should file a motion for leave of court without notice to the offended party.
- Protection of the interest of the offended party and to prevent possible abuse by the prosecution.
(b) Excludes any accused from the complaint and information
This is made:
(1) Upon motion
(2) With notice to the excuse
(3) With leave of court
After Plea and During the Trial
- Formal amendment is made without the leave of court and without causing prejudice to the rights of the accused.
AMENDMENT IN THE INFORMATION WHICH CHANGES THE NATURE OF CRIME AFTER ARRAIGNMENT
GENERAL RULE
- The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused.
- The process of amendment will first start in the arraignment (the process wherein the information or complaint is red in the presence of the court) then asked what is his or her plea (guilty or not guilty) then the accused can enter this plea.
EXCEPTION
- When the fact supervenes which changes the nature of the crime charged in the information and upgrades it to a higher crime, the prosecutor with the leave of court may amend the information alleged to such supervening facts and upgrade the crime charge to a higher crime brought about such supervening facts.
PERIOD WHEN SUBSTITUTION IS PROPER
- If it appears 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 new one changing the proper offense provided the accused shall not be placed in double jeopardy.
LIMITATIONS ON SUBSTITUTION
1. No judgment has not been rendered
2. The accused cannot be convicted of the offense charged or of any of the offense necessary included.
3. The accused would not be placed in double jeopardy.
VENUE ON CRIMINAL ACTIONS
- The venue is jurisdictional which means the complaint and information can only be filed in the court where the offense was committed.
INTERVENTION OF THE OFFENDED PARTY
- Under ARTICLE 100 of the RPC, for every crime there is a corresponding civil liability since the omission of the crime comes with civil liability then the private offended party can intervene in the prosecution of the crime.
CAPONPON, ELLIEN H. 3C3
I've learned in this lesson are:
Amendment is may inlove either formal or substantial charge, also amendment before the plea is entered can be effected without leave of court. While substitution involves substantial changes from the original change and it must be with leave of court as the original information has to be dismissed. The prosecution has the right to amended the complaint or information as a matter right even without seeking the permission from leave of court. If the complaint or information has been changed, then it will be entale another preliminary investigation and the accused have another plea.
Matters subject to amendment is only valid information maybe amended. An information filed before the effectivity of the law punishing the offense may not be amended after the law had come into the effect. A formal amendment is made when it neither affect nor alters the nature of the offense charge. The change does not deprived the accused of a fair opportunity to present his defense. And it does not involve a change in the basic theory of the prosecution.
The effects of forma amendment is there is no need for another preliminary amendment and retaking of the plea of the accused if such was already conducted. The prosecution should file a motion for leave of court with notice to the offended party. This is the prosecution of the interest of the offended party and to prevent possible abused by the prosecution.
Arraignment it is a process where in the information or complaint is read in the presence of the accused and the court will ask the accused what is your plea, guilty or not guilty this is the process of amendment. The period when substitution is proper is if it appears anytime before judgement that a mistake has been made in charging the proper offense, the court shall be dismissed the original complaint or information upon the filling of a new one charging the proper offense, provided the accused shall not be placed in double jeopardy.
The limitation of substitution is no judgement has been rendered, the accused cannot be convicted of the offense charged or of any other offense necessarily included there in and lastly is the accused would not be placed in double jeopardy.
In this video lecture about criminal procedure regarding amendment or substitution of complaint or information , amendment is a formal,clerical or a substantial changes but in substitution it is always a substantial changes .
I also understand the matter subject to amendment, in formal amendment the name of the accused of the spelling of the name will not affect the nature of offense charge. And therefore, it can only be considered as a formal or an substantial amendment. Also the theory of defense will not be affected with the charge in the complaint or information
I learned and become knowledgeable about the step by step procedure of amendment. Also i learned about the limitation on substitution, that substitution is done during trial.
Regarding to the Intervention of offended party in criminal action pursuant to rule 111(sec.16, rule 110) if a criminal complaint is filed in court the civil liability ex delicto or the civil liability arising from the crime is jointly instituted as that criminal action.
Bs criminology 3c2.
Good day po sir!
Done watching po, In this video I've learned about the amendmdnt and Substitution. In amendment may involve either formal or substantial changes while the substitution it must be with leave of coirt as the original information has to be dismissed.
Effects of Formal Amendments- is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted.
Substantial amendment- is an amendment in substance where it covers matter involving the recital of facts.
SUAYAN, NIKKI B.
BSCRIMINOLOGY 3C2
THANKYOU PO
Rivera, Kayceline B. (3C3)
In this lesson, I've learned that amendment of complaint or information is formal and substantial change while substition only posses substantial changes. Additionally, amendment before the plea can be done without leave of court while substition requires leave of court for its to be legal. Also, when it comes to preliminary investigation amendment doesn't require it while substition is still needed to undergo a preliminary investigation.
The amendment will considered as as formal nature if the amendment will not create a surprise on the part of the accused in presenting his innocence. And substantial information occurs if their a changes on the alligation and it's normal offense of the violator.
When it comes to rulling only valid information can be amended in court. If the information is void then you cannot ammend it since void information does not exist in legal contemplation.
As a general rule, the prosecution can no longer amend the information after arraignment since it prejudice the right of the accused. However there's an exception and that is when a fact supervenes change the nature of the crime charged in that information upgrade its in the higher crime.
Amendment vs Substitution
Amendment can be formal or clerical change or substantial change whereas substitution is always substantial. Before the accused enters his plea guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In case of substitution must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. If the complaint or information has been changed then it will entail another preliminary investigation and the accused will have to enter another plea.
In case of substitution it requires that the new information involves a different offense which is not included in the original charge hence the accused cannot claim double jeopardy which means that the accused is prosecuted twice for the same offense. Only a valid information can be amended in court, if the information is void then you cannot amend it because only a valid information can be amended.
The amendment does not require preliminary investigation; however, it is necessary in replacement. The amendment information, on the other hand, must and shall contain the same case as the original information; otherwise, it will not be the same and will be a different case to do so. If you file this case again, the accuser may invoke double jeopardy. Valid information can only be amended and not those void information because it is not existing in legal contemplacion.
Formal amendment can be made provided it is with leave of court and it does not prejudice the rights of the accused.
It is permissible to substitute at any time prior to judgment, and it is done during the trial. For example, if a murder charge is filed and the evidence leads to another crime that is more appropriate during the trial, the judge will allow the original complaint to be replaced by a new one based on the facts established in court.
Venue on criminal Actions
A criminal case must be filed and tried in the municipality or territory's court; it is jurisdictional; a criminal action must be conducted in the location where the crime was committed or is currently occurring; this is covered in the first subject, territoriality. If the felony or crime was committed on a freight train when it was on its way, you will file a lawsuit in the location where the train passes by.
DE GUZMAN, KIMBERLY M.
3C1 BS CRIMINOLOGY
RIVERA, MARY ROSE H. 3C4
Good day sir! In this discussion, as summarization of learnings what I've learned are:
Amendment
- it can be formal or substantial change. Before the accused entered his/her plea, the prosecution have the right to ammend the information or complaint as a matter of right even without seeking permission of leave of court. On the other hand, substitution is must always done on leave of court complaint and information should be withdrawn and have another one as replacement. If complaint or information has been change, it must have another preliminary investigation and the accused must have another plea. Rearrangement takes place in substitution, while in ammendment it does not required another preliminary ammendment and retaking of plea of the accused.
Double jeopardy
- a situation where the accused tried twice with the same offense.
Matters that was subject for ammendment, only valid information should be ammended.
FORMAL AMMENDMENT
- it is made when it neither affects the nature of the effects charge. The theory of defense will not be affected by the change in ammendment of complaint or information. As long as the ammendment will not create a surprise on the part of the accused in presenting or proving innocent then the ammendment will considered formal ammendment. There is no retaking of plea or no need for another preliminary ammendment. While SUBSTANTIAL AMMENDMENT is when the ammendment pertains to the allegations of facts constituting the offense charged and determinative of the jurisdiction of court.
PROCEDURE FOR AMMENDMENT
Ammendment will be made before plea both substantial and formal ammendment, which downgrade the nature of ten offense, three requirements will be met: without leave of court, upon motion of the prosecutor, with noticed to the accused, and with leave of court. However if ammendment made after the accused has entered his plea and during trial, formal ammendment can only be made with leave of court and without causing prejudice to the rights of the accused. As a general rule, the prosecutor can no longer ammend the information after arraignment as it would prejudice the substantial rights of the accused.
Also the period when supervision is proper it happens when during trial the evidence that was found will lead to another case which is more proper then the court will allow substitution of the original complaint upon the filling of a new one depending on a fact established in court.
And also in this video lectured the VENUE OF CRIMINAL ACTION, discussed, as a summary of learnings I learned the following, as we recalled it was already delivered to us in the first part. According to Section 15, rule 110, as a general rule, subjecting to existing laws, criminal actions shall be instituted and tried in the court of the municipality or territory where the offense is committed or any of it's essential ingredients occur. Means that the complaint or information may be filed in the court where crime happened. But there are exceptions.
Intervention of offended party in criminal actions, according to Rule 111,(section 16, rule 110) as a general rule, the offended party has the right to intervene its counsel in the prosecution of criminal action where the civil action for the recovery of the civil liability is instituted in the criminal action. When the criminal action is instituted in court then civil liability jointly instituted. Exceptions, 1.) When crime committed is against national security e.g, rebellion, treason, sedition, 2.) The offended party waived the right to civil indemnity and 3.) If the offended party already instituted a separate civil action.
MONSERRAT, MARIA CECILIA C.
3C1
Thank you Sir. In this lesson I've learned that:
AMENDMENT
- Is may involve formal or substantial
- An amendment information is an offense that charged in the original information or an offence which is necessary include the original charge.
- And before the accused entered his plea of guilty or not the prosecution has the right to amend to a complaint or information has matter of right even without seeking permission from LEAGUE OF COURT
- The accused could invoke double jeopardy
- No need a preliminary Investigation.
SUBSTITUTION
- It involves the substantial changes from the original changes; if the complaint or information has been change or substituted it will entailed another preliminary Investigation and the accused have to make another plea or to enter their pre arraignment
- Requires that the new information involves different offense does not include or not necessary include original charge.
- The accused CANNOT claim double jeopardy; that double jeopardy is the accused are prosecuted twice it offense.
MATTERS SUBJECT TO AMENDMENT
- On this matter, according to the rule, only vid information may be amended, because if the information is void the totalnility is it cannot be amend because ONLY VALID INFORMATION are can be amend.
NOTE: That VOID INFORMATION are does not exist in legal contemplation, there is no amendment is can be affected in void information.
- An information before the effectively of law punishing the offense it not be amended after the law come into effect.
FORMAL AMENDMENT
- It is made when affects or alters the nature of the offense charges, the charged does not deprive the accused of fair opportunity to present his defense, and does not involve a change in basic theory of PROSECUTION.
- There is no need another preliminary investigation and retaking of plea of the accused is such already conducted.
- EXAMPLE IS: The FORMAL AMENDMENT on the name of the accused or the spelling of the name of the accused will not effect the nature of the offense charged therefor it can only considered as a formal or an substantial Amendment of complaint and information.
- That the theory of defense is not be affected with the change pf complaint and information.
NOTE: That as long the amendment will not create a surprise on the part of the accused in presenting or proving his innocence will be considered FORMAL AMENDMENT.
SUBSTANTIAL AMENDMENT
- There is no amendment in substance where It covers matter involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court.
- When the amendment pertain the allegations of facts constituting the offense.
- EXAMPLE IS; if the change the nature of the offense or the law violated called ISSENTIAL INGREDIENTS OF CRIME AND THE AMENMENT TERMINATIVE JURISDICTION OF THE COURT IS CONSIDERED SUBSTANTIAL AMENDMENT.
NOTE: IF THE AMENDMENT WAS CHANGE THE PENALTY WAS IMPOSSIBLE ,AND THE NATURE OF THE OFFENSE WILL CHANGE THE JURISDICTION FROM RTC TO MTC IS CALLED SUBSTANTIAL AMENDMENT.
EXAMPLE IS IN THE CRIME OF CYBER LIBEL THE AMEND THE COMPLAINT OR INFORMATION TO CHANGE TO IN JUST FIXATION IT WILL CHANGE THE JURIADICTION OF RTC, BECAUSE JUST FIXATION- IS ONLY FILED IN THE MINICIPAL TRIAL COURT AND TBERE FOR THE AMENDMENT WILL BRING CHANGES AS THE JUSRISDICTION COURT SUCH AMENDMENT.
PROCEDURE FOR AMENDMENT
- BEFORE PLEA the kind of amendment made was formal and substantial amendment and it was made without leave of the court and with leave of the court.
- AFTER PLEA it is only the formal amendment was made, and it was made with leave of court and without causing prejudice to the rights of accused.
· The amend in the informatiin which downgrades the nature the Prosecution should file motion for leave of court.
In AMENMENT in the information which changes the nature of the crime after Arraignment, according to GENARAL RULE, that the prosecutor can be no longer amend the information after Arraignment as it would prejudice the substantial right of accused. But their have an exceptions is when the FAVTS SUPERVENES the changes the nature of the crime charged higher crime.
ARRAIGNMENT- was it is the process wherein the information of complaint is read in the process of the accused and court will ask the accused what plea guilty or not guilty, then the accused his plea.
NOTE: IN INTERVENTION OF OFFENDED PARTY “ every crime have corresponding civil liability according to Article 100 of RPC,
AND IF THE CRIMINAL COMPLAINT FILED IN COURT THE CIVIL LIABILITY ARISING FROM THE CRIME IS JOINTLY INSTITUTED A CRIMINAL ACTION.
SUBIJANO, ARLENE V.
3C3
In this lesson, I've learned that:
Amendment
- may involve either formal or clerical change.
- may require another preliminary investigation and retaking of plea of the accused.
Substitution
- involves substantial change from the original charge
- will filed in court as a replacement
- entail another preliminary investigation to the new information.
Matter subject to amendment
- only valid information may be amended
Formal Amendment
- it can take a place when the charges does not deprive the accused.
Forma Amendment
- there is no need for another preliminary investigation and retaking of the plea of the accused if such will already conducted.
Substantial Amendment
- determinative of the jurisdiction of the court.
Procedure of Amendment
* Before plea
- formal amendment without leave of court
- except for substantial amendment that downgrades the nature of charged upon motion by the prosecutor and with notice to the accused. And excludes any accused from the complaint or information with leave of court.
* After plea and during trial
- formal amendment with leave of court or without causing prejudice to the right of accused.
Period when substitution is proper
- done during trial
- appears anytime before judgment that a mistake has been made on charging the proper offense.
Value of criminal actions
- shall be instituted and tried in the court of the municipality or territory where the offense was committed.
Intervention of offended party
- has the right to intervene it counsel int he prosecution of criminal action
- civil action for civil liability.
* Civil liability arising from the crime that is implied instituted with the criminal action in court.
OBLENA, CLEZL BETH R.
Good day sir! I'm done watching your video presentation. This is what I have learned;
• AMENDMENT
- This May involved either formal or substantial changes. Amendment before the plea is entered can be effected without leave of court.
While in SUBSTITUTION,
It Involves substantial change from the original charge. It must be with leave of court as the original information has to be dismissed.
FORMAL AMENDMENT- there is no need for another preliminary investigation and
retaking of the plea of the accused if such already conducted
EFFECTS OF FORMAL AMENDMENTS: there is no need for another preliminary investigation and retaking of the plea of the
accused if such has already been conducted.
SUBSTANTIAL AMENDMENT
There is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court
ARRAIGNMENT- is the process where the information of or complaint is read in the
presence of the accused and then the court will ask the accused what is the plea; guilty
or not guilty.
TAÑO, AIRA JOY M. (3C3)
Thank you Sir, I have learned the differences between amendment and substitution wherein the amendment may involve either formal or substantial/clerical change whereas substitution is always substantial. Amendment before the plea is entered by the accused can be affected without leave of court, beofre the accused enter his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even whithout seeking of permission from court. In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and the another one will be filed in court as a replacement.
An amendment as to form will not require another preliminary investigation and retaking of the plea of the accused, but if the complaint or information has been change or substituted then it will entail another preliminary investigation and the accused will have to make another plea or to enter another plea (re-arrangement).
Matters subject to amendment talks about the only valid information can be amended. A void information does not exist in legal contemplation so there is no amendment that can be affected in void information. In formal amendment, it is made when it neither affects nor alters the nature of the offense charge. Also, there is no need for another preliminary investigation.
Substantial amendment is present when there is an amendment in substance where it covers matters involve the recital of facts constituting the offense charged and the determinative of the jurisdiction of the court. When amendment pertains to the allegations of facts constituting. For example, if you change allegations as to change the nature of the offense or the law violated it is what we called the essential ingredients of the crime then it is considered as substantial amendment.
The procedure of amendment, the amendment can be made before plea, both formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Upon motion by the prosecutors and with notice to the excused. However, after plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of accused
Amendment in the information which changes the nature of the crime after arraignment. As a general rule, the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. However there is an exemption, when a super winning facts changes the nature of the crime in the information or upgrades it into higher crime.
The period when substitution is proper is anytime before judgement, it is done during trial. For example is in case of a complaint for homicide and during the course of trial the evidence would lead to another offense which is more proper then the court will allow substitution the original complaints upon the filing of a new one upon depending the facts establish in court.
Venue for the institution for criminal actions is jurisdictional means that the complaints and information can only be filed in the court where the offense was committed or any of the essential ingredients occurred.
CENTENO, JOSEPH RYAN ACE G.
3C1-BS CRIMINOLOGY
Criminal procedure Part 3
Done watching po sir thank you po.
In this video lecture I have learned a lot specially on Amendment or substitution of a complaint or information. I have learned that it is the changing of some parts of the complaint or information or the changing of the whole complaint or information in accordance to the rules on amendment or substitution of complaint or information. I have also learned the distinction between amendment and substitution.
I had also learned about what is considered as Double Jeopardy.
I had also learned about what is:
-Formal amendment
-The effects of forma amendments
-Substantial amendment
-The procedure for amendment
-Amended in the information which downgrades the nature of the offense
-Amendment in the information which changes the nature of the crime after arraignment. Its General Rule and its Exceptions.
-The period when substitution is proper
- The limitations on substitution
I had also learned Venue of criminal actions. And its General Rule which is stated under (Sec. 15, Rule 110). And I had also learned its Exceptions.
I had also learned the Intervention of offended party. And its General Rule which is stated under (Sec. 16, Rule 110). And I had also learned its Exceptions.
DONE WATCHING SIR SEMPIOJOSEMARI C 3C3
WHAT IVE LEARNED IN THIS LESSON ARE:
AMENDMENTS - information refers to the same offense charged to the original or to an offense which necessarily includes in the original charge, the accused can involved double jeopardy .
SUBSTITUTION- requires of purposes that the new information involves a different offense which does is not included or is not necessarily included in original charged ,hence the accused cannot claim the double jeopardy
John Romniel M. Robles
3C3 Criminology
I'n this video I've learned the difference between the amendment and substitution. In an amendment of a complaint or information it involves either formal or substantial change.However, In case of substitution it must always be done with leave of court since the original complaint or information will have to be withdrawn and another one will be filed in court as a replacement. Also Amendment may be formal or clerical change or substantial change whereas a substitution is always substantial. Amendment before the plea is entered by the accused can be affected without leave of court. Before the accused enters his plea of guilty or not guilty then the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of court. In amendment there is no need for preliminary investigation but in case of substitution of the complaint or information then another preliminary investigation must be conducted and the accused must be arraigned once more.
In procedure for amendment it can can be made before plea, both in formal and substantial amendment without leave of court. Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. When you say before plea without leave of court upon motion by the prosecutors and with notice to the accused. However, after enter his plea and during the trial formal amendment can only be made with leave of court and without causing prejudice to the rights of the accused. Amendment in the information which changes the nature of the crime after arraignment.
3 requirements
-upon motion by the prosecution
-with notice of the accused
-with leave of court or permission from the court.
The general rule is that the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused. As a rule the prosecutor cannot amend the information after the accused had enter his plea because it will prejudice the substantial rights of the accused. The exemption is that when a supervening facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening fact.
*LIMITATIONS ON SUBSTITUTION
-This are the instances when substitution is not proper
A. No judgment has yet been rendered;
B. The accused cannot be convicted of the offense charged
C. The accused would be placed in double jeopardy
On the other hand, Venue in a criminal cases is jurisdictional. It means that the complaint or information can only be file in the court where the offense is committed.
The general rule is that, in Subject to existing laws, criminal action shall be instituted in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred.
EXEMPTION:
An offense was committed on a railroad train, in an aircraft or in any other public or private vehicle in the course of trip.
Where the offense is committed on board a vessel on its voyage.
Felonies under the RPC - shall be cognizable by the proper court where the criminal action was first filed.
Continuous or transitory crimes.
Piracy- the venue of piracy, unlike all other crimes, has no territorial limits. It is triable anywhere
Libel- the action may be instituted at the election of the offended or suing party in the municipality or city.
In intervention of the offended the general rule is that the offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to rule 111.
But he/she cannot intervene if from the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party such as sedition, rebellion, treason or any other crimes against the national security. And if the offended party waived the right to civil indemnity. Last if the offended party had already instituted separate action.
BICOMONG,RYAN GIMEL M. 3C1.
Goodevening sir ,this are the lessons i learned in this lecture .
A complaint or information may be amended, in form or substance, at any time before the accused enters his plea, without the need for court permission. A formal amendment may be made after the plea and during the trial only with the permission of the court and when it is possible to do so without jeopardizing the accused's rights.
However, any amendment before plea that reduces the nature of the offense charged or excludes any accused from the complaint or information can be made only on the prosecutor's motion, with notice to the offended party and leave of court.
General rule: Before entering a plea, a complaint or information may be amended in form or substance without the permission of the court.
Exception: if the amendment reduces the severity of the offense or removes an accused from the complaint or information. In such a case, the following requirements must be met:
1. The amendment must be made on the prosecutor's motion and with notice to the offended party.
3. With the permission of the court 4. The court must state its reasoning in resolving the motion
5. Copies of the resolution should be provided to all parties, particularly the offended party.
3c4 po pala sir .
DANILA, RODELYN C.
3C3
I've learned that Matters subject to ammendment Only valid information should be ammended. If the information is void, it cannot be ammended. The General rule: the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial right of the accused. If the accused enter his plea, the prosecutor cannot ammend the information. The venue in criminal cases is jurisdictional. The information and complaints can only be file in the court where the crime was committed.
MIRANDA, RHEA MAE A.
3C4
Good Day sir! Thank you for the lesson. The following is the knowledge that I have learned in the video
Amendment
- may involve either formal or substantial changes
Amendment before the plea is entered can be effected without leave of court
Substitution
- involves a substantial change from the original charge
- it must be with leave of court as the original information has to be dismissed.
A formal amendment is made when:
1. It neither affects nor alters the nature of the offense charged; or
2. The charge does not deprive the accused of a fair opportunity to present his defense; or
3. It does not involve a change in the basic theory of the prosecution.
INTERVENTION OF OFFENDED PARTY
Intervention of Offended Party in Criminal Action
General Rule: "The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to Rule 111(sec 16, Rule 110).
Exceptions:
1. From the nature of the crime and the law defining or punishing it, no civil liability arises in favor of the offended party, e.g. sedition, rebellion, treason (crimes against national security)
2. The offended party waived the right to civil indemnity; or
3. The offended party had already instituted separate action.
VELASQUEZ, FATIMA MAE C.
3-C1
Thank you Sir.
UMALI, ANGELICA JANE M.
3C2
I’ve learned the distinction between amendment and substitution. Amendment of the complaint or information may involve either a formal or substantial change. On the other hand, when a party will substitute the complaint or information, it will always involve some substantial change from the original charge. In addition, amendment can be formal or clerical change or substantial change whereas a substitution is always substantial. Before the accused enters his plea of guilty or not guilty then the prosecution have the right to amend the complaint or information as a matter of right even without seeking information. The accused will make another plea or to enter another plea. There will be a re-arraignment. Double jeopardy is when the accused is prosecuted twice with the same offense. I've learned that if the information is void or the information is a total nullity then you cannot amend it because only a valid information can be amended. Void information does not exist in legal contemplation and so therefore there is no amendment that can be affected in void information. I found out that a formal amendment in the name of the accused or the spelling of the name of the accused will not affect the nature of the nature offense charged and therefore it can only be considered as a formal or unsubstantial amendment of the complaint or information. The theory of the defense shall not be affected by the change in the complaint or information.
As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as formal in nature. When amendment pertains to the allegations of facts constituting the offense. For example, if you change the allegations as to change the nature of the offense or the law violated, the essential ingredients to the crime, then it is substantial. In substantial amendment, for example, if the amendment will change the penalty imposable or the nature of the offense that will change the jurisdiction from the RTC to the MTC, then it will be considered as substantial amendment. The crime of cyber libel defined by Article 352 of the RPC in relation to RA 10175or The Cybercrime Prevention Act of the Philippines. Unjust vexation can be filed only before the Municipal Trial Court or the first level court and since the amendment would bring changes as to the jurisdiction of the court then such amendment will be considered as substantial. Arraignment wherein the process in the information of our complaint is read in the presence of the accused and then the court will ask the accused what is your plea, guilty or not guilty. Substitution is done during trial. Venue in criminal cases is jurisdictional. For every crime there is a corresponding liability.
SOLIS, JHESYL L.
3C4
In this lesson I learned
Amendment
-formal or official change to a law, contract, constitution, or other legal document is known as an amendment. It is derived from the word amend, which means to improve. Sections of these agreements may be added, removed, or updated by amendments.
Amendment or substitution -Any amendment before a plea that reduces the scope of the crime charged or removes any accused from the case or facts can only be made on the prosecutor's motion, with notice to the offended party and court permission.
Libel
-is a type of defamation that is conveyed in print, writing, images, signs, effigies, or any other physical means of communication that harms a person's reputation, exposes a person to public hate, contempt, or mockery, or harms a person's business or career.
Piracy
-is a theft or criminal act committed by ship or boat-borne attackers against another ship or a coastal place, with the intention of stealing cargo or other valuable goods.
Matibag, Jhon Marvin M.
3c3 Bs Crim
Thank you po Atty, the following is the summarization that I've been learned in this topic
Amendment and Substitution
Amendment may involve either formal or substantial damages. Before the plea is entered can he affected without leave of court. An amendment as form will not require another preliminary investigation and retaking of plea of the accused. While the substitution involve substantial changes from the original charge. It must he leave of court as the original information has to be dismissed. Substitution of the information entails another preliminary investigation and plea to the new information.
Matters to be subject to be amendment, only a valid information may be amended. Any information filed before the effectively of the law punishing the offense may not be amended after the law had come into effect.
Formal amendment is made when, it either affects or alters the nature of offense charge for, the charge does not deprived the accused of a fair opportunity to present his defense or, it does not involve a change bin the basic theory of prosecution.
Effects of forma amendment, there is no need for another preliminary amendment retaking of the plea of the accused if such were already conducted.
Substantial amendment, there is no amendment in the substance where it covers matters involving the recital of facts constituting the offense charged and determine of the jurisdiction of the court.
Period when substitution is proper, if it appears anytime before judgement that a mistake has been made in charging the proper offense the court shall dismiss the original complaint or information upon the filling of new charging the proper offense.
John Erico Bautista. 3C4
What I've learned from this lesson is that how amendment of complaint or information differs from substitution, as well as its rules and exceptions.
It says there that:
a. Amendment involves formal and substantial changes, substitution must possess only a substantial changes.
b. Amendment can be done even without leave of court, substantial requires leave of court for it to be effected.
c. Amendment will not require another preliminary investigation when it comes to amending information, substitution requires another.
In this topic of the Amendment or Substitution. Amendment is a formal or clerical change while substitution it involves substantial change from the original change. Amendment is no need to preliminary investigation but in case of substitution of the complaint or the information then another preliminary investigation must be conducted. While on Matter Subject to Amendment only valid information can be amended, according to the law, if the information is void, it cannot be amended because only valid information can be amended. Formal Amendment is made when the substance of the crime charges is affected or altered, the accusation does not deprive the accused of an equal opportunity to present his appeal, and it does not require a change in the prosecutor's basic theory.
LANDICHO, NEIL M
3C2
LEONIDAS, JOANA MARIE M.
3C1
Good day sir this is the summary of what I've learned.
Amendment
-May Involve either formal or substantial changes
-Amendment before the plea is entered can be effected without leave of court.
Double Jeopardy
-That the accused is prosecuted twice for the same offense.
Matters Subject to ammendment
-Only valid information now be amended. Because the void information does not exist in legal contemplation.
Formal Amendment
1. It neither affects nor alters the nature the offense charge.
2. The charge does not deprive the accused of a fair opportunity to present his defense.
3. It does not involve a change in the basic theory of the prosecution.
Effects of formal amendment
- there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted.
Substantial Amendment
- there is an amendment in substance where it covers matters involving the recital of facts constituting the offenses change and either determinative of the jurisdiction of the court.
Procedure for Amendment
-Amendment can be made before plea both in formal and substantial amendment without leave of court.
Amendment in the information which changes the nature of the crime after arraignment
General rule:
The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused.
Arraignment
- Is the process where in the information of complaint is read in the presence of the accused and then the court will ask the accused what is your plea guilty or not.
Period When substitution is proper
-before judgement that a mistake has been made ib charge the proper offense.
Substitution
- is done during trial
Limitatiobs on substitutions
- when substitutions not proper.
Venue of criminal actions
General rule-Subject to existing laws action shall be instituted and tried in the court of the municipality of territory where the offense was committed or any of its essential ingredients occured.
Jurisdictional
- that means the complaint or informatiob can only be filed ub the court where the offense was committed
Intervention of offended party
- the offended party has the right to intervere it counsel in the prosecution of the criminal action where the civil action for the recovery of civil liability is instituted in the criminal action.
LAT RONNEL Z.
LSPU-SPCC 3C3
On this video lecture, I have learned the distinction between amendment and substitution. Amendment of complaint or information can be formal or clerical change or substantial change. Before the accused enters his plea of guilty or not, the prosecution has the right to amend the com=plain or information as a matter of a right even without seeking permission of the kead court. It does not require another preliminary investigation and retaking of the plea of the accused. On the other hand, the substitution of complaint or information will always and always be substantial. In the case of substantitution, since the original complaint or information will have to be withdrawn that was done with the kead of the court, another one will be filed in court as replacement. It will entail another preliminary investigation and re arraignment. The accused will have to make another plea. It requires that the new information involves a new offense that is not included in the original one and the accused cannot claim of double jeopardy.
In cases of matters subject to amendment, onliy valid information can be amended as a genwral rule. Information filed before the effectivity of the law punishing the offense may not be amended after the law had come to effect.
I have also learned that formal amendment was made when it neither affect nor alters the nature of the offense charge such as a formal amendment of the name of the accused will not affect the nature of the chargeand considered as formal or an unsubstantial amendment of complaint or information. A formal amendment can also be made when the charge does not deprive the accused of a fair opportunity to present his defense. And also when it does not involved a change in the basic theory of the prosecution. In general, as long as the amendments will note create a surprise the presentation of innocence of the party of the accused, the ammendment is considered as formal in nature.
Aside from the above-mentioned, I have also learned avout the procedure of ammendment. Amendment such as substantial and formal can be made without the leave of the court before plea except in substantial amendment when it downgrades the nature of the offens it can only be done upon compliance of the three requirements such as
1. upon motion of the prosecution,
2. with notice to the accused and lastly
3. with leave of the court
But in case, after the plea ad during the trial, only formal amendment can be done with leave of court and without causing prejudice ti the rights of the accused
The General rule is that the prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused.
The exception is that if there is a supervening fact present as stated by the example below:
When a person obtained a stabwound from another but due to immediate medical attention survived, the case file against the accused was attempted homicide. During the trial, unfortunately the victim died, now pending the trial, it is a supervening fact will upgrade the case against the accused.
"Venue of the offense is jurisdictional" means you can only file the complaint and information on court where offense was committed or any essential elements or ingredients occured except when offense was committed in a railroad train, aircraft or in any public or private vehicle in a course of trip.
- in this case of offense committed at railroad, you can file an information or complaint at the places where the train pass.
If it is a continuous crime; offenses committed on a vessel on board or voyage; felonies under art. 2 of the RPC; piracy,; libel.
MANTO, KYLA M.
3C2 BSCRIM
In this video lecture, I have learned that if you need to change or substitute some portions of complaint or information filed in court then apply to the rules of amendment or substitution of complaint or information.
Amendment, it can be formal change, before the accused plea of guilty or not guilty then the prosecution has the right to amended the complaint or information as a matter of right even without seeking permission from leave without court. If the complaint or information has been change or substituted then it will entitle under preliminary investigation and the accused will enter another plea (pre arraignment). While substitution, is always substantial and always be done with the leave of court since the original complaint or information will have to be withdraw and to be filled in court as a replacement. In substitution of complaint or information then another preliminary investigation must conducted and accused must be arraigned once more.
Double jeopardy- that the accused prosecuted twice for the same offense.
Matter subject to amendment; if the information is void then cannot amended it, valid information only can amended.
Formal Amendment- (example: spelling of the name of the acvused) it will not affect the nature of the offense charge therefore it can be only consider as formal amendment.
Note:
-As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then amendment will be considered as formal in nature.
-Formal Amendment is no need for preliminary investigation.
-Substantial Amendment pertains to the allegation of facts constituting the offense, change the nature of the offense or the law violated or the essential ingredients.
-Substitution is done during trial.
Arraignment- is a process wherein the information or complaint is read in the presence of the accused then the court will ask the accused what his/her plea.
VENUE ON CRIMINAL ACTIONS
- Venue in criminal cases is jurisdictional, means the complaint or information can only be filed in the court where the offense committed or any of essential ingredients occured.
INTERVENTION OF OFFENDER PARTY
-Under Article 100 of RPC for every crime there is corresponding civil liability.
-If the criminal complaint filed in court, the civil liability exdelicto or civil liability arising from the crime is jointly instituted as the criminal action.
GARING, DOLORES E. (3C4)
Thank you sir, in this video lecture I've learned the procedures in amendment and substitution.
Amendment of complaints or information involves either formal or clerical change, while substantial will always and always be substantial change. Amendment BEFORE the plea is entered can be effected without leave of Court, to make it clear before the accused plea guilty or not guilty the prosecution has the right to amend the complaint or information as a matter of right even without seeking permission from leave of Court. On the other hand, in case of substitution it must always be done with leave of Court as replacement. Amendment doesn't require preliminary investigation while substitution of information it will entail or it should undergo another preliminary investigation of re-arraignment.
Amended information should be the same as the first information made otherwise, the accused can invoke double jeopardy if the case will be different as it was filed again. However, in substituting information, new information should have different content of offense, that is what in the original charge so that the accused cannot invoke double jeopardy.
Formal amendment includes the nature of offense in which the spelling of the name of the accuse doesnt affect the charges. The theory of offense will not be affected by the change in complaint of information. As long as the amendment will not create a surprise kn the accused in proving his innocence or of his guilt, it is then formal, Substitutional amendment is when the offense change, then the jurisdiction will change as of the nature of the offense like changing court from RTC to mtc, there the substantial amendment occur.
In procedure of amendment, Before plea, the formal amendment can be made as well as the substantial without leave of Court. Substantial amendment that downgrade the nature of the offense and as it is made upon the motion by the prosecutor with notice to excused. While after the accused plea and during the trial there's only formal amendment with leave of Court and without causing prejudice to the accused.
The prosecutor can no longer amend the information after the arraignment as it would prejudice the substantial rights of the accused.
Prior when substitution is proper. Substitution is carried out during trial, of there is a mistake in the charges on the proper offense.
The venue for the instituting criminal action is jurisdictional. The complaint or information should be submitted in the court where the crime performed OR in any of the essential elements has been occurred.
Delantar , Kyla Mae M. 3C2
Amendment or Substitution of Complaint or Information
Amendment
-May involve either formal or substantial changes
_Amendment before the please is entered can be effected without leave of court
-An amendment as to form will not require another preliminary investigation and retaking of plea of the accused
An amended information refers to the same offense charge in the original information or to an offense charged in the original information or to an offense which necessarily includes or is necessarily included in the original charge,hence substantial amendments to the the information after the plea has been taken cannot be made over the objection of the accused, for if the original would be withdrawn, the accused could invode double jeopardy. It requires pieces of causes that the new information invilves a different offense, which is not included in the original charge.
Substitution
-Involves substantial change from the original charge
-It must be with leave of court as the original information has to be dismiised
-Substitution of the information entails another preliminary investigation and plea to the new information
Requires or presupposes that the new information involves different offense which does not include or is not necessarily included in the original charge; hence the accusedcannot clain double jeopardy.
Matters subject to amenment
-Only valid information may be amended if the information is void, if the information is a total narrity the you cannot amend.Because valid information can be amended. A void information does not exist.
-An information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect(Herrera,2007)
Formal Amendment
A formal amend is when:
It neither affects nor alters the nature of the offense charge; or
The charge does not deprive the accused of a fair opportunity to present his defense; or
It does not involve a change in the basic theory of the prosecution.
NOTE:
The following have been held to be mere forma amendments:
-New allegations which relate only to the range of the penalty that the court might impose in the event or conviction;
-An amendment which does not charge another offense different or distinct from that charge in the original one;
-Additional allegations which do not alter the prosecution's theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume.
The bottom line is as long as the amendment will not create a surprise on the part of the accused in presenting and proving innocense then amendment will be considered as a formal images.
The Amendment which does not adversely affect any substantial right oc the accused and;
An amendment that merely add specifications to eliminates vagueness in the inforamtion and not to introduce new material facts, and merely state: with additional presicion something which already contained in the original information and which add: nothing essential for conviction for the aim charged (Ricarze v. CA,G.R. No. 160451,February 5 2007)
Effects of Forma Amendments:
There is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted.
Substantial amendment
There is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court.
When amendmend pertains to the allegation of facts constituting the offense.
Procedure of amendment
When made
Before plea
Before plea
After plea and during trial
Kind of amendments to be made
1.Formal amendment
2.Substantial amendment
1.Substantial Amendment
A.Downgrades the nature of the offense charge; or
B.excludes any accused from the complaint or information
Formal amendment
How amendments is made
Without leave of court
1.Upon motion by the prosecutor;
2.With notice to the excused
3.With leave of court
With leave of courg and without causing prejudice to the rights of accused.
Amended in the information which downgrades the nature of the offense
-The prosecution should file a motion for leave of court with notice to the offended party.
-This is the protection of the interest of the offended party ànd to prevent possible abuse by the prosecution.
Amendment in the information which changes the Nature of the Crime after Arraignment
General Rule:
"The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial rights of the accused."
Exemptions:
When a fact supervenes which changes the nature of the crime charged in the information or upgrades it a higher crime, the prosecutor,with leave of court, may amend the information to allege the supervining fact and upgrade the crime charge to the higher crime brought about by such supervining fact.
Period when substitution is Proper
If it appears antlytime before judgment that make 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, provided the accused shall not be placed in double jeopardy.
Limitation on Substitution
1.No judgement has been rendered;
2.The accused cannot be convicted of the offensed charged or of any other offense necessarily included therein; and
3.The accused would not be placed in double jeopardy(Herrera 2007)
Venue on Criminal Action
Venue for the institution of Criminal Actions
General Rule:
"Subject to existing laws,criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or any of its essential imgredients occured(Section 15,Rule 110)
Exemptions:
1.An offense was committed on railroad train, in an aircraft or in any other public or private vehicle in the course of trip.
2. Where the offense is committed on board a vessel on its voyage
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3.Felonies under Art 2 of the RPC-Shall be cognizable by the proper cpurt where the criminal action was first filed.
4.Continous or transitory crimes.
5. Piracy-the venue of piracy, under like all other crjnch, has no territorial limits. It is triable everywhere.ed;
b. If one of the pffensed party is a private individual, where said private individual actually resides at the time of the commission of the offense;
C.If the offended party is a public trial, where the latter holds office at the time of the commission of the offese;
6.Libel-the action maybe instituted at the election of the offended or suing party in the municipality or ciry where;
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Exemptions:
a. Libelous article is printed and first published;
B.If one of the offensed parties is a private individual, where said private individual acgually resides at the time of commission of the offense;
C.If the offended party is a public official, where the latter holds office at the tjme of the commissikn of the offense;
7.BP 22 caes- The criminal action shall be filed at the place where the check was dishonored or issued. In case of crossed check, the place of the depository or the collecting bank
INTERVENTION OF OFFENDED PARTY
Intervention Of Offended Party in Criminal Action
General Rule:
"The offended party has the right to intervene it counsel in the prosecution of the criminal action where the civil action for the recpvery of civial liability is intituted in the criminal action pursuant Rule 111( sec16,Rule 110).
Exeptions:
1.From the nature of the crime and the law defining or punishing it, no civil liability arises in the favor of the offended party,e.g. sedition, rebellion, treason (crimes against national security)
2.The offended party waived the right to civil indemnity; or
3.The offended party had already instituted separate action. The it can no longer intervene rather in the criminal action.
What I've learned:
AMENDMENT OR SUBSTITUTION OF COMPLAINT OR INFORMATION
*Changing portions of complaint or information filed in court apply the rules of amendment or substitution of complaint or information.
Amendment:
-formal change
-before the accused plea the prosecution has the right to amended the complaint or information as a matter of right even without seeking permission from leave without court.
-If the complaint or information has been change or substituted then it will entitle under preliminary investigation and the accused will enter another plea (pre arraignment).
Substitution:
-is always substantial and always be done with the leave of court.
-In substitution another preliminary investigation must conducted and accused must be arraigned once more.
Double jeopardy- that the accused prosecuted twice for the same offense.
Matter subject to amendment; if the information is void then cannot amended it, valid information only can amended.
Formal Amendment- will not affect the nature of the offense.
*Formal Amendment is no need for preliminary investigation.
*Substantial Amendment pertains to the allegation of facts change the nature of the offense.
*Substitution is done during trial.
Arraignment- is a process wherein the information or complaint is read in the presence of the accused.
VENUE ON CRIMINAL ACTIONS
- Venue in criminal cases is jurisdictional, means the complaint or information can only be filed in the court where the offense committed.
INTERVENTION OF OFFENDER PARTY
-If the criminal complaint filed in court, the civil liability arising from the crime is jointly instituted as the criminal action.
BALASBAS JULIUS L
3C1
DEVILLES, HONEYLYN T
Bs-criminology/3c1
As to the topic that discussed above, the differences between amendments and substitution in complaint or information is that the amendment may involved either formal or substantial changes and the amendment before the plea is entered can be effected without leave the court. Lastly, the amendment as to form will not require another preliminary investigation and retaking of plea of the court. While on the other hand, it involves substantial change from the original change and it must be with leave of court as the original information has be dismissed. Lastly, substitution of the information entails another preliminary investigation and plea to the new information. It also tackled the matters of subject to amendment where there was only valid information may be amended and information filed before the effectivity of the law punishing the offense may not be amended after the law handle into effect. As long as the amendment will not create a surprise on the part of the accused in presenting or proving his innocence then the amendment will be considered as a formal in nature. Further, In formal amendment there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted while in substantial amendment there is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. Moreover, the procedure for amendment can be made before plea in both formal and substantial upon a motion by the prosecutor , with notice to the excused and without leave of court and in After plea it can be done with leave of court and without causing prejudice to the rights of the accused. Additionally, In period when substitution is proper if it appears anytime before judgement that a mistake has been made in charging the proper offense the court shall dismiss the original complaint or information upon the filing of the new one charging the proper offense provided the accused shall not be placed in double jeopardy. Lastly, in venue of criminal actions the general rule subject to existing laws criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or any of its essential ingredients occurred and the exceptions are when the offense was committed on railroad train or in an aircraft or any public or private vehicle in course of trip, committed on board or vessel on its voyage, felonies under article 2 of RPC, continuous or transitory crimes, piracy, libel and Bp 22.
What I've learned:
Amendment
An amendment information refers to the same offense charged in the original information or an samw offense which necessarily includes in fhe original charge hence substantial amendment tontge information after gge plea has been taken cannot be made over tge the objection of tge the accused for if the original would be withdrawn, the accused could invoked double jeopardy.
Substitution
Requires or presupposes that the new information involved a different offense which does not include or is not necessarily included in the original charge hence the accused cannot claim double jeopardy.
Double jeopardy is when the accused prosecuted twice for the same offense.
Only valid information may be amended.
An information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect (Herrera 2007)
A formal amendment is made when:
- it neither no alters the nature of the offense charged.
- the charge does not derived the accused of the liar opportunity to present his defense.
- it does not involve a change in the basic theory of the prosecution.
As long as the amendment will not create a surprise on tge part of the accused in presenting or proving his innocence then the amendment will be considered as formal in nature.
Effects of formal amendments:
There is no need for the another preliminary amendments and retaking of the plea of the accused if such were already conducted.
Substantial amendments:
Theee is a amendment in subtance where it covers matters involving the recital of facts constituting the offense charged and determinative of tge jurisdiction of court
Amended in ghe information which downgrade the nature of the offense
- the prosecution should file a motion for leave of court with notice to the offended party.
- this is for the protection of the interest of the offended party and to the prevent possible abuse by the prosecution.
Amendment in the information which charges the nature of the crime after arraignment.
General Rule
The prosecution can no longer amend the information after arraignment as it would prejudice the substantial right of the accused.
Exception
When a fact supervenes which charges the nature of the crime charged in the information or upgrades it a higher crime, the prosecutor, with leave of court may amend the information to alleged such supervening fact and upgrade the crime charged to the higher crime brought about by such supervening fact.
Period when substitution is proper
If it appears anytime before judgement that a mistake has made in charging the proper offense the court shall dismissed the original complaint or information upon the filing of a new one charging the proper offense provided the accused shall not be placed in double jeopardy.
Limitations on substitution
- no judgement has yet been rendered
- the accused cannot be convicted of tge offense charged of any other offense necessarily included therein
- the accused would not be placed in double jeopardy ( Herrera 2007)
Venue for the institution of criminal actions
General rule
Subject to existing laws, criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed on any of its essential ingredients accured.
Exceptions
- an offense was committed on a railroad train, in an aircraft or in any other Public or private vehicle in the course of trip.
- where the offense is committed on board vessel on it's voyage.
- felonies under Art. 2 of the RPC
-Continuous or transitory crimes
- piracy
- libel
-BO 22 cases
General Rule
The offended party has the right to intervention counsel in tge prosecution of tge recovery of tge civil liability is instituted in the criminal action pursuant to rule 111( sec. 16, rule 110)
Exception
- from the nature of the crime and the law defining or punishing it to civil liability arises in favor of the offended party, e.g. sedition, rebellion, treason( crimes against national security)
- the offended party waived tge right to civil indemnity.
- the offended party had already instituted separate action.
SAMSON, YELT SHIN L.
3C3 BS-CRIM
06/04/2021
Part 3 Criminal Procedure
Thank you, sir, I learned this topic is about the amendment vs substitute because amendment is may involved either formal or substantial changes while the substitution it involves substantial change from the original charge. Amendment before the request is entered by the blamed can be influenced without leave for court, before the blamed enter his supplication for blameworthy or not liable then the indictment has the privilege to alter. If there should arise an occurrence of replacement it should consistently be finished with leave of court since the first objection or data should be removed. In matters subject to amendment, only valid information may be amended in court if the information is void you cannot amend yet and an information filed before the effectivity of the law punishing the offense may not be amended after the law had come into effect.
Formal amendment is made when neither affect of natures of the offense charge example, in the name of the accused will not affect the nature of the offense charged. Therefore, it only become considered as a formal or unsubstantial amendment of the complaint information. And the charge does not deprive the accused of a fair opportunity to present his defense means that the theory of defense will not be affected by the change in the complaint or information. Lastly, it does not involve a charge in the basic theory of the prosecution.
-Effects of forma amendments there is no need for another preliminary amendment and retaking of the plea of the accused if such were already conducted. While in substantial amendment there is an amendment in substance where it covers matters involving the recital of facts constituting the offense charged and determinative of the jurisdiction of the court.
Procedure for Amendment after the accused has enter his plea and during trial the formal amendment can only be made with leave the court. How amendments is made there are three compliance requirements firs, upon motion by the prosecutor second, with notice to the excused and third, with leave of court.
BIANZON, EDMON M. 3C2
In this video lecture I’ve learned that when there is something to amend may involve either a formal or a substantive change. Before the accused enters his plea of guilty or not guilty without the leave of court, the prosecutor has the right to amend. The amended Information should also be about the same case like in the first information made, if this will be a different case, and if you file it the accused could invoke double jeopardy. Double jeopardy refers to a situation in which a person is tried twice for the same crime.
A formal amendment is made when:
(a). It either affects or alters the nature of the offense charges. For example is a formal amendment on the name of the accused, the spelling of the name of the accused will not affect the nature of the offense charge and therefore it can only be considered as a formal or unsubstantial amendment of a complaint or information.
(b).The charge does not deprive the accused of a fair opportunity to present his defense. A formal amendment can also take place when the charge does not deprived accused of a fair opportunity to present his defense. The theory of defense will not be affected by the change in the complaint or information.
(c). It does not involve a change in the basic theory of the prosecution.
Substantive amendment, it includes matters such as the recital of evidence constituting the crime alleged and the determining of the court's jurisdiction.
The allegation of evidence constituting the crime, as well as any changes to the nature of the offense, the law violated, or the essential ingredients, are all considered substantial amendments.
Procedure for amendment, Amendment can be made before plea, formal and substantial amendment without leave of court except in case of Substantial amendment downgrades the nature of the offense charged or excludes any accused from the complaint or information. Amendment in the information which changes the nature of the crime after arraignment. The prosecutor cannot amend the information after arraignment because it will prejudice the substantial rights of the accused.
Venue in institutional cases
the complaint and information can only be filed in court where the offense committed the exception is when committed in railroad, aircraft or any public or private vehicle, offense committed on vessel
Sir thank you sir
COMIA, JOHN ANGEL A.
3C4 BS CRIM
thank you po sir. Done watching napo😇.
I've learned in this video disscussion.
- Amendment can involve either formal or substantial changes.
- Amendment before the plea entered can be affected without leave of court. In the substitution ot must always be done with leave of court.
- The amended Information should also be about the same case as the first information made.
- Those that can be amended are only those valid information and not those void information.
- Void information does not exist in legal contemplation.
General rule: The prosecutor can no longer amend the information after arraignment as it would prejudice the substantial tight of the accused.
Exemption: When a supereving facts changes the nature of the crime charge in the information or upgrades it to a higher crime the prosecutor would leave of court may amend the information to allege the supervening fact and upgrade the crime charge to a higher crime brought about by such supervening act.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3
Good day po! I have learned in this video principally the distinction of amendment and substitution wherein amendment may involve either or formal substantial while substitution involves only substantial change from the original charge.
I knew that only valid information can be amended, as well as the elements of the formal amendment, which can only be made if it does not affect or change the nature of the offense charged, or if the charge does not deprive the accused of a pair of opportunities to present his defense, or if it does not involve any change in the basic theory of the prosecution.
This video lecture also taught me about the procedure for amendment wherein charge can only be done for compliance under the three requirements such as upon motion by the prosecution, with notice to the accused and lastly, with permission of the court. Also says that the formal amendment are those that do not affect the nature of the offense charge such as the spelling of the name of the accused.
However, Formal amendments are made when the nature of the offense changes, such as changing the court from RTC to MTC. Substantial amendments are made when the offense changes, and the jurisdiction of the court changes when the nature of the offense changes, such as changing the court from RTC to MTC. You can make a formal and substantial modification before entering a plea without seeking permission from the court. On the motion of a prosecutor and with notice to the excused, a substantial alteration is made that changes the essence of the offense. While there is only official revision with leave of court after a plea and during a trial, it should not jeopardize the accused's rights. Because amending the information after arraignment would jeopardize the accused's significant rights, the prosecutor is unable to do so.
THANKYOU PO ATTY :)