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Amendment or Substitution of Complaint
Amendment or Substitution of Complaint
> Exception: if the amendment will downgrade the offense or drop an accused from the
complaint or information. In such case, the following requisites shall be observed:
1. The amendment must be made upon motion of the prosecutor
2. With notice to the offended party
3. With leave of court
4. The court must state its reason in resolving the motion
5. Copies of the resolution should be furnished all parties, especially the
offended party
> After plea, only FORMAL AMENDMENTS may be made but with the
leave of court and when it can be done without causing prejudice
to the rights of the accused
2. The accused cannot be convicted of the offense charged or of any other offense
necessarily included therein
WHAT IS A SUBSTITUTION?
> A complaint or information may be substituted if at any time before judgment,
it appears that a mistake has been made in charging the proper offense, and the
accused cannot be convicted
of the offense charged or of any other offense necessarily included therein, provided
that he will not be placed in double jeopardy.
WHAT IS ARREST?
> Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of the offense
2. When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.
Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based
on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant
shall be forthwith delivered to the nearest police station or jail and shall be proceeded
against in accordance with section 7 of Rule 112.