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Moreover, it does not and could not prejudice the rights of the accused, because (1) it does not
change the nature of the crime, and (2) it does not render the defenses prepared for the former
Information as it stood invalid.
Having said all these, a formal amendment does not require a subsequent arraignment as the
purpose of which is to INFORM THE NATURE AND CAUSE OF THE ACCUSATION. Since the nature and
cause of the accusation are not changed by a formal amendment, a re-arraignment is not necessary, as
she was already informed of these things. Hence, there has been no violation of her rights as accused.
Thence, no, she does not have to be arraigned again.
Case Title:
Disini v. Sandiganbayan
G.R. 169823-24/174764-65, September 11, 2013
FACTS:
Disini, and company were charged with corruption of public officials by the Sandiganbayan,
penalized under Art. 212, in relation to Art. 210 of the RPC and violation of Sec. 4(a) of RA 3019, for
having allegedly conspired with the former President Ferdinand Marcos, in appropriating public funds
for their personal use amounting to billions of pesos. Disini filed a motion to quash, arguing among
others, that the criminal Informations filed against him failed to comply with the required substance and
form of information, thereby violating his right to be informed as the accused.
ISSUE:
Did the Information comply with the required substance and form?
HELD:
Yes, the Informations filed complied with the required substance and form.
An Information must state every single fact or circumstance that constitutes an element of the
offense charged; otherwise, a motion to dismiss or to quash may be properly sustained. Included in the
things that must be in the Information are: (1) the name of the accused, (2) the designation of the
offense given by the statute, (3) the acts or omissions constituting the offense, (4) the name of the
offended party, (5) the approximate date of the commission of the crime, and (5) the place where the
crime was committed. Note that, when the offense has been committed by more than one person, all of
them must be included in the Information.
After factual examination, the SC held that the Informations filed against him and his
companions were able to comply with the prescribed forms and substance of an Information. Hence, his
motion to quash could not be properly sustained.
Withal, the Informations filed against Disini and company complied with the required substance
and form.