July 28, 2017

Amendment

What is an amendment?
Correction of an error or an omission in a complaint or an information.

Why should there be a need for the correction?

How do you affect or do the amendment?

By adding or striking out an allegation or the name of any party or by correcting a mistaken or inadequate
allegation or description in any other respect.

Is leave of court required?

Not at all times

When is it required?
After the accused have entered his plea or if before arraignment, if it downgrades the nature of the crime or
excludes an or some of the accused therein.

Prior to the plea of the accused, is LOC required either on substantial or formal amendment?
General Rule: NO
Exception: Downgrades/Excludes

Whys is there a need of LOC even prior to the plea in such case (on the exception)?
So the prosecutor will not have a wide discretion; to cut his wide discretion since there will also be cases
where he will be bribed by the accused.

So if you are the fiscal and you want to downgrade the nature of the crime, what you have to do is ask for
LOC?
Also upon motion and to inform the offended party.

Why is there a need to file the motion and to inform the offended party?
For him to be apprised

Supposing it is an upgrade of offense/additional of accused, is there a need to inform the offended party?
You think its fair if you do not inform them on such case? Will it not prejudice him?
In downgrading the interest of the offended party is always affected that is why he should be notified in
order for him to file opposition or objection. The prosecutor may either be denied or approved by the trial court
thats why it is upon motion. When it is upon motion, it is upon the discretion of the court; 3 person is now
involved in the downgrading and exclusion (prosecutor, court, offended)
If there is an upgrade, not that it will not affect, but it will not prejudice him because it is favorable to the
offended party because you always want to file a higher charge; thus no need to notify the private offended
party.

Rule on after plea?

Difference between formal and substantial amendment?

Can you amend your complaint/information on a substantial manner after plea?

GR: NO
What is the meaning of Leave of Court?
Permission from the court

Will it be granted by the court (substantial amendment after plea)?

Not all the times; only if beneficial to the accused or in supervening events.

Aside from death, what are the other examples of supervening events?

Passage of a new law can it be a supervening event? Say, frustrated murder is extinguished, will you file
murder? Isnt it that bill of attainder is not allowed in the constitution?

Suppose the crime is rape, then there was an amended law that mere touching of the penis to the labia, it
should only be frustrated rape. Should the fiscal amend from rape to frustrated rape?
Yes he can since it is favorable to the accused.

What about beneficial amendment (Substantial) after plea? (Note that lowering the claim for damages such
that in estafa from 5m to 500k, it is not substantial)

Allegation on the relationship such that if it will be added, Will you amend the information or simply ask
the court to dismiss the information? Galibog ko ani na part pag construct

Example of substantial amendment which is beneficial to the accused?

Murder to homicide; nature of the offense is changed

What about the evidence at hand/defense, can it still be used (Murder to homicide)? At all times?

Note: Determination of formal/substantial is not actually provided in the rules of court. Where only guided
by the ruling of the SC. From time to time SC changes its rulings in the matter. Such that penalty will increase,
that is substantial. But nowadays even if the penalty will be changed, it is not substantial. If it changes the
nature of the offense substantial; evidence at hand can no longer be used in the subsequent inofrtion; theory
cannot be used; substantial
Murder to homicide: Subtantial. Because Former is qualified by many circumstances; evidence may
perhaps be no longer sustain;
IMPORTANT ELEMENT: Changing the nature of the offense

Substantial amendment not allowed after plea. Except beneficial/supervening

Suppose theft to qualified theft, is that substantial amendment? Will the penalty be distinguishing factor?
The nature of theft and qualified theft are different. It is thus substantial amendment.

Crime is homicide. P will amend and want to include all the aggravating circumstances because he failed
to do so. Note that aggravating should be alleged for it to be included in computing the penalty. He
learned that accused is recidivist, habitual delinquent. Is it substantial?
Formal. Because it pertains only to the imposable penalty.

What if P will amend because of the designation of name of the private offended party because originally
it was X where in fact it should have been Y, is it formal or substantial?
Formal.

Supposing P will want to amend after plea. Info designated the offense as theft where in fact it the
allegation is qualified theft. Formal or substantial?
Formal because remember the allegation in the information is controlling, this amendment in the
designation does not change the nature of the offense charged.

Illegal recruitment, several information. Accused pleaded not guilty to al these informationsl. P will want
to amend to put them into one information for large scale illegal recruitment. Will you allow the
amendment?
Should not be allowed since it is substantial amendment. You cannot do that after plea; accused already
entered his plea of not guilty to all informations. Remember the rules. Because it already changed the nature of
the offense; previous was only simple illegal recruitment; Although SC allows such amendment but in this case,
take note of the circumstances if you lump it to one information, it is large scale recruitment;
REMEMBER: Amendment It does not mean only to strike out, there can also be amendment on lumping
out into one information, but there are rules to be followed. In this case, there is substantial amendment and
accused already entered his plea, thus not allowed.

P wants to include additional accused?

Yes. It will not change the defense of the accused.

What is substitution?
When there is error in charging the proper offense.

Theft to robbery because it was found out that the robbery was the proper charge. If you are the judge,
will you dismiss it and ask for another information to be filed?
Allowing will tantamount to gross ignorance of the law. THATS DANGEROUS
-Take note that filing robbery would be against double jeopardy. Theft is necessarily included in robbery. If
you will allow it, you cannot charge the accused to robbery. DOUBLE JEOPARDY.

In the same example it was alleged that you opened the vault and got the 4.8m. But during the trial, it
was found out that there was force because the accused has no key. He destroyed the door. Robbery?
Yes because there was force upon things.

If you were the judge, will there be conviction?

Yes. Theft. But not robbery, because the offender was only charged of theft. If robbery, it will be violative
of his right to be informed of the nature of the crime although the evidence proves robbery which has higher
penalty. But note that lower penalty is not the basis. He can be convicted for theft because it is necessarily
included in the crime of robbery. Thus he can be liable for theft notwithstanding the evidence for robbery.

What if, in the example, facts are reversed? (Chraged robbery; Proven is theft) Can he be convicted?
Yes but for theft. Because only theft was proven; the evidence presented did not prove robbery; only to
theft. Thus he can be convicted for theft even if the crime charged is robbery. Further, the crime proven which is
theft is necessarily included in robbery. (NECESSARILY INCLUDED IN THE ROBBERY - important
element.)

Accused was charged for slight physical injuries. Was found out/proven it was frustrated homicide. Can
he be convicted of FH?
No, only SPI because SPI was the crime charged not FH. Further, it is necessarily included in FH, the crime
proven.

How about if the facts are reversed?

He still cannot be convicted of FH since this was not proven, they only proved SPI. Thus he can only be
convicted of SPI since it is necessarily included.

Suppose charged is Frustrated homicide. During trial it was proven/found out, accused is guilty of
seduction. May he be convicted by the court?
 No. There should be substitution. If I were the judge i will order substitution. No violation of double
jeopardy because no first jeopardy was attached

Difference of amendment and substition.

CIVIL PROSECUTION

What is implied institution of civil cases in a criminal case?

Why is there such thing such as implied civil institution?

Art 100 of RPC

Why not you file it separately?

Why does the rue allow the concept of implied institution? What are the reasons why civil liability arising
from crime is deemed instituted? Why are they deemed instituted? Purpose?
Were very litigous, (spelling please), Filipinos are. Wew. So if you separate civil and criminal case, (note
that there are 2 actions on a crime: criminal and civil, that can be filed) if there are 500 criminal cases filed, you
double it, becomes 1000, because of the limited capacity of the judiciary it was deemed proper to deem it
instituted.

Exceptions of implied institution

Civil liability may be awarded by the TC even if the accused is already acquitted. Why?
Because of the difference of the proof required. Crim; reasonable doubt; Civil: preponderance

So if the accused is already acquitted, there is no instance where he cannot be held liable for civil
liability? If the decision that there was no crime committed or that the accused was not the author; but if the
acquittal was only because it was for failure to prove beyond reasonable doubt, he can still be liable for civil
liability

Suppose the accused was already found guilty, does it follow that the accused is civilly liable also?
Yes
Why?

Possible contention: Because the quantum of proof required in criminal case is higher than civil case; court was
convinced that the accused committed the accused beyond reasonable doubt. Thus there is no reason not to held
the accused liable to civil liability. If he is guilty in the crime, it follows as a matter of course that he is civilly
liable.
CORRECT ANSWER: For the reason that the required evidence is different, the court will not
automatically award the civil liability. Private Prosecutor must also prove that the offended party has suffered
damages. If it was not proven within the criminal case, it must be filed separately. Civil liability also needs to be
proven. That is the duty of the private prosecutor. You have to prove it before it can be awarded to you using
preponderance of evidence. All the damages. Damages in the criminal case is separate and distinct in the civil
case. Thus it doesnt mean that if the court already convicted the accused, it does not follow automatically that
the civil liability will be awarded. But more often than not, it makes it easier for the court to award the civil
liability.

There are crimes that do not have private offended party. Example. Plunder

Plunder. Filed in sandiganbayan. If it is filed in the sandiganbayan, cannot award the 50m as being the
civil liability? Can there be a civil liability? Can the state act as the private offended party? (Remember
that award of civil liability is given to a private offended party.)
THE GOVERNMENT CAN ACT AS A PRIVATE OFFENDED PARTY. EXAMPLE THE PROVINCE OF
CEBU CAN ACT AS PRIVATE OFFENDED PARTY IF YOUR GOVERNOR WILL POCKET 50M AND
THE SB CONVICTS HIM. (SHOUTING) Thus the sandiganbayan can award the damages to the province of
cebu if the latter can prove it.
MORAL OF THE STORY: GOVT may act as private offended party thru its institution

Is there private offended party in perjury? At all times?

Not at all times.
Examples
No POP: Falsifying the certificate of non-forum shopping
There is a POP: If there is prejudice to a private party;(wa ko kabantay diri)
Perjury is case to case basis. There or may not have a private offended party

What is independent civil action?

Before filing this independent civil action are you suppose to reserve the same? Why not?

When can you reserve it?

What are cases where no reservation is allowed?

BP 22.
Why?
Purpose is in the book. Tax cases also is another example. Lifeblood doctrine. Also cases cognizable by
sandiganbayan. WHY? Because SB is primarily your criminal court. To prevent the situation where the crim
case is in SB and civil case is in RTC. Sandiganbayan is not for civil, it is for criminal cases. (Supply nalang mo
diri kay murag libog)

If you reserve your right to file civil action arising from crim, suppposng there is already a cirminal case,
your reserve your right, can you now file your civil action while the crim action is pending?
No.
Why not?
Rule 111.

So if you resrerve your right you cannot file it while crim case is pending?
Yes.

Prior filing?
Allowed.

What if a subsequent crim case is filed?

Civil case will be suspended and revived only after termination of the crim case.

What are the motions given to the offended party?

What happens to the evidence in the civil case after consolidation with crim case?

What is a counter claim?

Is it allowed under criminal case? Example.

Isnt it that counter-claim has something to do with damages?

 A counter claim may be compulsory or permissive . In civil case before you can file it you need to have a
cause of action.
Contract to deliver 100 sacks of rice. Turned out party B was not able to deliver. If you are party A of
course you will file. Court will ask, whats your cause of action?
Failure of delivery. Then explain how you incurred damages. On the part of the defendant, there is counter
claim if he tells the court that although he failed to deliver, there was a condition precedent that was not
followed by party A. His counterclaim is that the 100 sacks of rice rotted in his bodega thus it is him that should
be awarded of damages and not party A. Compulsory since it arise from same crim action. Permissive if not.

Does it apply in criminal action?

No.
Example contending, in defense that the accused was not the one who was reckless but the one who was
infront of him who is liable. Can he put that in the same crim case?
No. He cannot bring that person in same criminal case for him to be liable. But in civil case, yes.

What is cross claim?

Telling court it is not my liability but it is the other.
What is a third party complaint?
A person who is not yet party to the criminal case. Allowed in civil cases but not in criminal cases.

Should filing fees be paid?

Yes.
Exception: Actual damages
Exception to this exception: BP 22 (But it doesnt mean that you will pay the actual amount in the check.
There is a computation there; such amount in the check is only made as a basis)

What is actual damages?

Actual loss suffered.

What does it mean: the first lien to the judgment?

It is a security. If there is award, whatever is the filing fees, it will be deducted from the award first before it
is given.

What is moral damages?

Temperate damages?
Nominal?
Exemplary?

CONFUSING PART:
Supposing X was charged with murder. He was convicted by RTC. While his appeal was pending he died.
What happens to the crim liability?
Extinguished. Because there is no more accused to speak of; nobody to punish anymore.
Charged with rape then he died. Extinguished. Civil liability is also extinguished.
Supposing said rapist died before arraignment?
Crim is extinguished. Civil is not extinguished. It will be against his estate.

If he die after arraignment. Both are extinguished?

There are cases where whether or not he entered his plea, it will be beneficial to the....

What is the significance of arraignment?

Suppose crime is SPI, he dies during pendency but after arraignment? Can file separate civil action?
Why is it allowed to file a separate civil action even if the accused dies prior to his plea?
Apply last par of sec 4 rule 111.

Does it include civil liability arising from crime?

Of COURSE!
If after arraignment it is extinguished applying First paragraph of sec 4 rule 111. If ICA it will continue.
WHY?
CORRECT ASNWER: (Refer here)
What can be continued after arraignment are ICA, those arising from other sources of obligations, not from
delict. (Sec. 4 (1) Rule 111)
If before, you can file ANY civil action: whether from delict or other sources (Sec. 4 last par of Rule 111)

What is estate?
Property of the deceased.

Will novation extinguish crim liability?

No.

What is novation?

Guingona vs City fiscal of manila 4th april 1984 - important case

In this case SC said novation may affect to the extinguishment of the criminal liability; provided that it is
made prior to the criminal proceedings or prior to the filing of the informations, it may prevent the crim liability
from arising.
But NOTE that it only applies if it is made BEFORE to the filing of criminal action; thus if it is made after,
it doesnt matter at all. Note also that DO NOT USE THE WORD EXTINGUISH because in truth and in fact it
cannot; it can only PREVENT, as how the court worded it.
if there is novation of the civil obli, does it extinguish the crim liability? No. Why?

Supposing a person was charged with robbery and after charge was filed in court, he actually returned
the money, can he be liable even if they entered in a compromise agreement?
Yes.

(Wa ko kabantay sa mga tubag diri na part gyud)

X filed ICA against Y for Physical Injuries. COurt denied for ICA. Later on filed a civil case for damages
against Y for the same criminal act. Will it prosper?
Yes.
Subsidiary liability of the employer. Liability is not direct. Cannot go directly to the operator or employer.
Must prove first that the employee/driver is insolvent.
2 types of presumption: Conclusive (cannot present evidece to overthrow such) and disputable (can present
evidence to overthrow such)
As practice, do not file criminal action against the driver because he does not have money, file a tortous
(spelling please) case against the operator.

IMPORTANT!
Do you want to discuss or continue the discussion next week?
Possible answer: Continue the discussion nalang sir next week.
BEST ANSWER: I will lead the prayer.