Villarba vs.

CA
G.R. No. 227777, June 15, 2020

Facts:
Villarba, among others, was a member of the fraternity of the Junior Order of Kalantiao,
and he was the one who recruited Wilson Dordas III.
When Dordas went home after the application process in joining the fraternity, including
written examination and performing various tasks in a resort, he complained of an intense pain in
his abdomen. He was brought to the hospital and underwent surgery due to liver damage.
It turned out that in the resort, they were made to suffer different kinds of punishment. He
claimed they were even blindfolded and got punched in the stomach multiple times by Villarba
and others.
During the trial, Villarba confirmed that Dordas took a written test along with
psychological and physical examinations and underwent final rites at the same beach resort that
Dordas identified. However, Villarba testified that their recruits only had to do sit-ups, push-ups,
or jogging, insisting that "no physical harm was inflicted on the recruits."
The Regional Trial Court found all the accused guilty of violating the Anti-Hazing Act.
The Court of Appeals upheld Villarba's conviction.
The Petitioner claims a fault to the Information charged, arguing that his right to due
process under Article Ill, Section 14 of the Constitution was violated. He avers that his right "to
be informed of the nature and cause of the accusation against him" was violated when he was not
rearraigned after the Information had been amended.
Petitioner insists that the correction of the victim's name is a substantial amendment
because it will alter his defense. He zeroes in on Rule 110, Section 6 of the Rules of Court,
which states that an Information must contain the offended party's name.
Issues:
Whether or not the amendment to the Information in this case is substantial

Ruling:
No. 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 in accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The court may require the witnesses to give bail
for their appearance at the trial.
Under this rule, any amendment, be it formal or substantial, may be made without leave
of court before the arraignment. Once the arraignment is conducted, however, formal
amendments may be made but only if there is leave of court and if such amendment does not
prejudice the rights of the accused. A substantial amendment, on the other hand, is no longer
allowed unless it "is beneficial to the accused."
Notably, unlike for a substantial amendment, a second arraignment is not required for a
formal amendment. This is so because a formal amendment does not charge a new offense, alter
the prosecution's theory, or adversely affect the accused's substantial rights.
Here, the petitioner argues that the inclusion of the suffix 'III' to the name of Dordas in
the Information was a substantial amendment, which should have warranted a second
arraignment. This Court disagrees.
 The amendment does not change the crime charged and the theory or defense of
petitioner. It added nothing crucial for a conviction of the crime charged. It did not change the
essence of the offense or cause surprise as to deprive petitioner of the opportunity to meet the
new information. Instead, the amendment only states with precision something that was already
included in the original Information. It is, therefore, merely a formal amendment.
Since the amendment was only of form, and not of substance, an arraignment under the
amended Information is therefore unnecessary.
The Court further stresses that an amendment done after the plea and during trial, in
accordance with the rules, does not call for a second plea since the amendment is only as to form.
The purpose of an arraignment, that is, to inform the accused of the nature and cause of
the accusation against him, has already been attained when the accused was arraigned the first
time. The subsequent amendment could not have conceivably come as a surprise to the accused
simply because the amendment did not charge a new offense nor alter the theory of the
prosecution.