22. PEOPLE VS.

ABAD SANTOS

FACTS: Joseph Arcache was charged with the crime of treason. The information specified the different
kinds of properties alleged to have been sold by him to the Japanese imperial forces “and other similar
equipments”. Arcache was duly arraigned and entered a plea of not guilty. On the day of the trial, counsel
verbally petitioned respondent judges that the prosecution make specific the phrase “and other similar
equipments” or have it stricken therefrom, unless the prosecution should furnish a bill of particulars
specifying what the phrase means. Special prosecutor objected to said petition as it was filed out of time or
after the accused has entered a plea of not guilty. Nevertheless, respondent judges granted the petition due
to the fact that the allegation was too broad. The special prosecutor requested that trial be postponed to
give them time to prepare the bill of particulars. On the date of the scheduled trial, instead of submitting
such bill, the special prosecutor filed an MR of said order of the court, stating that it was contrary to law and
that the judge acted in excess of its jurisdiction. MR was denied.

ISSUE: WON a bill of particulars may be ordered after entering of plea.

RULING: YES. In the absence of specific provisions of law prohibiting the filing of specifications or bill of
particulars in criminal cases, their submission may be permitted, as they cannot prejudice any substantial
rights of the accused. On the contrary, it will serve to apprise of the accused clearly of the charges against
him considering that conviction in criminal cases involve the deprivation of the accused of his life and liberty.

In criminal cases, any defect in the accusation other than lack of jurisdiction over the subject matter may be
cured by good and sufficient evidence introduced by the prosecution. Ambiguous phrases therefore should
not be permitted in criminal complaints or informations and if such phrase has been included therein, on
motion of the defense and before the commencement of trial, the court should order its elimination as
surplusage or the filing of the necessary specification, which is but an amendment in mere matters of form.