Professional Documents
Culture Documents
qualifying circumstances?
Prosecution.
How to state the date? Not
necessary to state the precise date
except if it is material
Is substitution of private
complainant substantial? No.
Formal amendments: new
allegations which change penalty;
does not charge another offense;
additional allegations whcih do not
alter prosectuions theory; does not
adversly affect accused rights; adds
specifications to eliminate vagueness
When may substitution occur?
Anytime before judgment if there is a
mistake in charging the proper offense
How is it made? The court shall
dismiss original complaing and a new
one will be charged (provided there is
no double jeopardy)
Substitution v Amendment: Aformal or substantial changed, S
substantial; A- before plea, no leave of
court needed, S leave of court is
needed; A - if it is only as to form, no
prelimenary investigation or retaking
of plea needed, S- needed; A- refers to
the same offense charged, Spresupposes new information involves
different offense
Rule of Substitution or
Amendment: If second info involves
same offense, an amendment is
sufficient. If new info is distinct and
different, Substitution is needed
Consequences of independent
civil action? Shall proceed
independently, quantum of evidence is
preponderance, right to bring action is
based on Civil code, waiver does not
extinguish right, even if filed
separately, criminal prosecution
remains and he may still intervene
When is reservation of civil action
made? Before prosecution present
evidence
Is there reservation of civil action
for BP22? No.
What happens here? The offended
party shall pay in full the filing fees
based on the amount of the check
invlolved. This amount will be
considered as the actual damages
claimed
In BP 22, what waiver is allowed?
Waiver of civil action and institution of
civil action prior to criminal complaint
Why the rule? Ordinarily, no filing fee
is charged for criminal cases for actual
damages so payee uses intimidating
effect of criminal charge. The inclusion
of civil action lowes the nuymber of