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Homicide to Murder Charge Amendment

The prosecution filed a motion to amend the information to charge the accused with murder after the accused had pleaded not guilty to the original charge of homicide. The court denied the motion, holding that (1) the information cannot be amended to change the crime charged from homicide to the more serious offense of murder after the accused has pleaded not guilty, as this is a change in substance rather than form, and (2) dismissing the original information in order to file a new information for murder would place the accused in double jeopardy since he had already entered a plea in the first case. Amendments are only allowed before arraignment or for matters of form during trial if it does not prejudice the defendant.

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100 views1 page

Homicide to Murder Charge Amendment

The prosecution filed a motion to amend the information to charge the accused with murder after the accused had pleaded not guilty to the original charge of homicide. The court denied the motion, holding that (1) the information cannot be amended to change the crime charged from homicide to the more serious offense of murder after the accused has pleaded not guilty, as this is a change in substance rather than form, and (2) dismissing the original information in order to file a new information for murder would place the accused in double jeopardy since he had already entered a plea in the first case. Amendments are only allowed before arraignment or for matters of form during trial if it does not prejudice the defendant.

Uploaded by

Dwight Anthony Yu
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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34. Dionaldo v.

Dacuycuy, 108 SCRA 736 - Amendment/Substitution (Section 14)


FACTS: Petitioner Rolando Dionaldo stands charged with the crime of homicide. After the accused had entered
a plea of not guilty, the prosecution filed a motion for leave to amend the information, attaching thereto an
amended information charging the accused with murder qualified by treachery and evident premeditation - a
more serious offense. No explanation was given in the motion for alleging evident premeditation but as to the
allegation of treachery it was explained that, "the affidavit of the complaining witness indicates that the attack
was sudden and it was only after they sustained the wounds consequent to the treacherous attack that they
were forced to fight back to repel further aggression." It can thus be seen that all along this claimed
circumstance was known to the prosecution but it was not alleged. Counsel for the accused opposed the
motion to amend the information but the respondent judge granted the motion: hence the petition to nullify
the action of the respondent.
ISSUE: Whether an information for the crime of homicide can be amended so as to charge the crime of
murder after the accused had entered a plea of not guilty.
HELD: No. Rule 110, Sec. 13 of the Rules of Court which stipulates: 
Section 13. Amendment. - The information or complaint may be amended, in substance or form, without leave
of court, at any time before the defendant pleads; and thereafter and during the trial as to all matters of form,
by leave and at the discretion of the court, when the same can be done without prejudice to the rights of the
defendant.
To amend the information so as to change the crime charged for homicide to the more serious offense of
murder after the petitioner had pleaded not guilty to the former is indubitably proscribed by the first
paragraph of the above-quoted provision. For certainly a change from homicide to murder is not a matter of
form; it is one of substance with very serious consequences.
But can the amendment be justified under the second paragraph? The answer is, No. For the provision speaks
not of amendment but of dismissal of the information In other words the provision contemplates the filing of
a substitute, not an amended information. But, it may be asked, can not the information for homicide against
the petitioner be dismissed since no judgment has yet been rendered and another information for murder be
filed? The answer, again, is No. For the petitioner having pleaded not guilty to homicide, to dismiss the charge
against him so as to file another charge for murder will place him thereby in double jeopardy.

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