REMEDIAL LAW II

CRIMINAL PROCEDURE

37. When there can be an amendment after arraignment

that will not prejudice the accused? Test?

After the plea and during the trial, a formal amendment may
only be made with leave of court and when it can be done without
causing prejudice to the rights of the accused.

The test as to whether the amendment is only of form and

the accused is not prejudice by such amendment are as follows:

a. Whether or not a defense under the information originally

stood would be equally available after the amendment is
made; and
b. Whether or not any evidence which the accused might
have would be equally applicable to information in one
form as in the other (Teehankee vs Madayag).

38. What is the rationale of the rule that the complaint of

the offended party or her relatives in crimes against
chastity is needed?

Such condition was imposed out of consideration for the

offended woman and her family who might prefer to suffer the
outrage in silence rather than go through with the scandal of a
public trial (People vs Elmer Yparraguire y Sepe).

39. After the accused was arraigned, the information was

amended to allege conspiracy. Is there a need to re-
arraign the accused?

No, the accused need not be re-arraigned.

In one case decided by the Supreme Court, it was held that

an additional allegation of conspiracy is only a formal amendment
provided that it does not change the theory of the prosecution
(Buhat vs CA).

40. What is the nature of a duplicitous information? What

is the effect if motion to quash (MTQ) is not filed?

The nature of a duplicitous information is procedural, and is

valid since such defect may be waived. If a Motion to Quash is not
filed, the right of the accused to question such is deemed waived,
and he may be convicted of as many offenses as there are
charged.

41. What is the purpose of the prohibition against

allegation of more than one offense in an information?

The purpose of the rule is so as not to confuse the accused

as to which charge will he defend himself with.

42. What is the effect if the accused is charged with

several offenses in one information?

The effect is that, if the accused objects to the duplicitous

information before arraignment, he cannot be convicted under
the information. But if he fails to object before arraignment, he
can be convicted of as many offenses as there are in the
information.

43. What is the procedure if before judgment, a mistake in

charging the offense was found?

The procedure is to require the prosecution to file a motion

to substitute the information with leave of court. In one case
decided by the Supreme Court, it was held that if it appears at
any time before judgment that a mistake has been made in
charging the proper offense, the court shall dismiss the original
complaint or information upon the filing of a new one charging
the proper offense, provided that the accused shall not be placed
in double jeopardy ( Carmelo vs People).

44. what is the concept of transitory offense?

A transitory offense is a crime where some acts material

and essential to the crimes and requisite to their commission
occur in one municipality or territory and some in another.
Continuing offenses are consummated in one place, yet by the
nature of the offense, the violation of the law is deemed
continuing

45. What requirement is necessary in order that there may

be transitory action or delicto continuado?

The following are the necessary requirements in order that

there may be a transitory offense or delicto continuado:
a. Plurality of acts performed separately during a period of
time;
b. Unity of penal provision infringed upon or violated; and
c. Unity of criminal intent which means that two or more
violations of the same penal provision are united on one
and the same intent leading to the perpetration of the
same criminal purpose or claim.