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Scenario 2
ATTY. MARY ROSE C. VILLANUEVA

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Fourth Judicial Region
Branch 176
Santa Cruz, Laguna

PEOPLE OF THE PHILIPPINES, Criminal Case No. SC-1234567

-versus- -for-

DERICK BELEN, ROBBERY

Accused.
x--------------------------------------x

ORDER

After the above-named accused had been arraigned, the Public

Prosecutor moved for the amendment of information to include the phrase
“habitual delinquent”. The defense counsel, however, offered no
objection to the said motion.

In view of the foregoing, it is worthy to note that the proper

procedure for the amendment of an Information is governed by Sec. 14,
Rule 110, of the Rules on Criminal Procedure which provides:

“Amendment or substitution. — A complaint or

information may be amended, in form or in substance,
without leave of court, at any time before the accused enters
his plea. 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.”

After the accused enters a plea, amendments to the Information

may be allowed, as to matters of form, provided that no prejudice is
caused to the rights of the accused. However, the foregoing rule expressly
prohibits said amendment without leave of court.
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Scenario 2
ATTY. MARY ROSE C. VILLANUEVA

In the instant case, it is clear that the amendment sought by the

prosecution is one of form and not of substance. However, for failure to
secure the necessary leave of court prior to the filing of this motion, this
Court resolves to deny the motion.

WHEREFORE, the motion to amend the information is hereby

DENIED.

SO ORDERED.
Santa Cruz, Laguna, August 14, 2019.

ALLAN S. HILBERO
Presiding Judge