People v. Jaralba

IV.c — Complaint or Information: Amendment or Substitution

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Title

People v. Jaralba

Case Decision Date

G.R. No. 96766 September 20, 1993

This case is DIRECT in its relationship to the requested subtopic of Amendment or Substitution of the Complaint or Information under Section 14 of Rule 110. The controversy arose from a school campus stabbing incident where two accused were arraigned and pleaded not guilty to Murder, but during the trial, the court ordered an oral amendment of the Information to change the description of some of the victim's wounds from "lacerated" to "stab" to conform with the autopsy report. The Supreme Court affirmed the conviction of the accused, laying down the central doctrine that a re-arraignment is not a universal requirement for every modification of an indictment; rather, under Rule 110, Section 14, paragraph 2 of the 1985 Rules on Criminal Procedure, a re-arraignment is legally mandatory only when the amendment is of such a character that it corrects a mistake in the charging of the proper offense, or when a new, distinct, or graver offense is substituted. Where the oral amendment merely refines the physical description of a wound from "lacerated" to "stab" without altering the nature, elements, or legal designation of the crime—which correctly remains Murder—the change constitutes a mere formal correction of a descriptive detail that does not prejudice the substantial rights of the accused, thereby rendering a second plea or re-arraignment completely unnecessary.

Core Doctrine

Re-arraignment is not required for every modification of an indictment. Under Section 14, Rule 110, a second plea is legally mandatory only where the change involves a mistake in the charging of the proper offence, or where a new, distinct or graver offence is substituted; a descriptive correction that leaves the offence charged unchanged is purely formal and needs no re-arraignment. Nor does such an amendment raise double jeopardy, which attaches only after a first acquittal, conviction or valid dismissal and has no application to amendments made in the course of a single pending prosecution.

Case Digest (G.R. No. 96766)

Case DigestWeek 3 - Rule 110 - Prosecution of Offenses

People v. Jaralba

G.R. No. 96766 · September 20, 1993 · Third Division

IV.c — Complaint or Information: Amendment or Substitution

Petitioner: People of the Philippines (plaintiff-appellee)Respondent: Antonio Jaralba and Jalandoni Corregidor (accused-appellants)

Gist

Core Doctrine

ℹ️ Assigned Topic/Subtopic

IV.c — Complaint or Information: Amendment or Substitution Full text: https://lawphil.net/judjuris/juri1993/sep1993/gr_96766_1993.html

Facts

On October 30, 1986 at about 7:00 p.m., inside the campus of the Surigao del Norte National High School, seventeen-year-old Diomedes Guibao walked behind Joselito Z. Baltar, who was being followed by Antonio Jaralba, Jalandoni Corregidor and an unidentified third man.
Moments later Guibao saw the three inside the school toilet taking turns stabbing Baltar with a "sundangay" (small bolo) while holding his arms. The toilet light was out, but a 20-watt fluorescent outside lit the room through iron grills.
At 10:30 p.m. security guard Romeo Bulabog, making his rounds with a flashlight, noticed drops of blood on the cement floor, traced them to the toilet and found Baltar dead.
At dawn on October 31 investigators followed the trail of bloodstains from the school toilet to the cemented steps and door of Jaralba's store, beside his residence on the national highway. His father could not locate him.
Dr. Alice Ensomo-Gonzaga's autopsy that day found 23 wounds — 7 in front, 14 at the back — death being from "shock and internal hemorrhage due to multiple stab wounds."
On November 3, 1986 Jaralba voluntarily went to the police station with his father and gave a signed statement. On March 6, 1987 Guibao broke his silence and told his teacher what he had seen. That four-month delay becomes an attack on his credibility.
The accused were arraigned and pleaded not guilty to Murder.
During trial the court ordered an oral amendment of the Information, changing the description of some of the wounds from "lacerated" to "stab" to conform to the autopsy report and Dr. Gonzaga's testimony. The accused entered no second plea and were not re-arraigned.
On November 24, 1989 the RTC of Surigao City, Branch 30, convicted both of Murder, imposing reclusion perpetua. Decided September 20, 1993, affirming with indemnity raised to P50,000.00.

Issue

Whether the trial court committed fatal procedural error in ordering an oral amendment of the Information after arraignment — changing the description of the wounds from "lacerated" to "stab" — and in proceeding without re-arraigning the accused.

Secondary issues. Whether the amendment placed them in double jeopardy; whether the eyewitness's four-month delay impairs his credibility; and whether alibi and denial raise reasonable doubt.

Ruling

NO. The amendment was purely formal, did not affect the nature of the offense charged, and did not necessitate a new plea.

Secondary issues. NO on all three. No double jeopardy attached; the delay, adequately explained, does not impair credibility; and denial and alibi cannot stand against positive identification.

"WHEREFORE, the appealed judgment is hereby AFFIRMED, with the modification as to the indemnity which is hereby increased from P30,000.00 to P50,000.00. Costs against appellants.

SO ORDERED."

Ratio

The Court characterised the change narrowly. It "merely ordered a change in the description of some of the victim's wounds … to conform to the description in the autopsy report," introducing "no new element of the offense" and not changing the crime, "which was, and correctly remained as, murder."
Re-arraignment has a specific trigger. Under Section 14, Rule 110, "a re-arraignment is necessary only where the change or amendment of the information involves a mistake in the charging of the proper offense" — that is, a substitution. The rule is not "re-arraign on every amendment"; it is "re-arraign when the offence changes."
The operative passage: "In the case at bar, the change in the information, i.e., the change in the description of some of the victim's wounds from 'lacerated' to 'stab' was not effected to correct a mistake in charging the proper offense. It did not have the effect of changing the offense charged in the information, which was, and correctly remained as, murder."
No prejudice followed. A formal amendment "does not affect the essence of the offense, alter the prosecution's theory, cause surprise, or render the evidence of the defense inapplicable," and the defences of alibi and denial were "equally available before and after the correction."
On double jeopardy the Court applied the elementary rule: "for double jeopardy to attach, an accused must, among others, first be acquitted or convicted and is being charged anew for the very same offense … Here, appellants were yet to be convicted or acquitted of the crime charged. Hence, no double jeopardy has attached."
On the delayed disclosure: "The delay, when adequately explained, does not impair the credibility of the witness … the initial reluctance … to volunteer information on a crime he witnessed and his unwillingness to be involved … for fear of reprisal is common and has been judicially declared not to affect the credibility of a witness."
And on the defences: "denial, like alibi, is inherently a weak defense and can easily be defeated by the affirmative and credible testimonies of prosecution witnesses pointing to the accused as the perpetrators."

Doctrine

Re-arraignment is required only for a change of offence.

"[A] re-arraignment is necessary only where the change or amendment of the information involves a mistake in the charging of the proper offense"; a descriptive correction that leaves the offence unchanged is purely formal and needs no second plea.
Double jeopardy attaches only after a first acquittal, conviction or valid dismissal — it does not apply to amendments made during the course of a single, pending prosecution.
Delayed disclosure by a witness, adequately explained by fear of reprisal, does not impair credibility.
Denial and alibi are inherently weak against positive identification.

Limits.

The distinction still bites the other way. An amendment is substantial — requiring a new preliminary investigation and re-arraignment — if it changed the proper offense charged or altered the recital of material facts in a manner that would surprise the accused or render their prepared defense and evidence inapplicable.
Note the unusual mechanics tolerated here: the amendment was made orally, from the bench, mid-trial — the Court's answer is that its content, not its form, is what determines whether it is formal. A change of substance made the same way would not have survived.
And note the alignment with Kummer v. People, which states the same re-arraignment rule for a change of date: in both, the constitutional purpose of arraignment was already served by the first plea, because the offence the accused pleaded to never changed.

Full Digest — Recitation Format

Gist

Facts

July 15, 1994: [Note: Dr. Alice Ensomo-Gonzaga performed an autopsy on October 31, 1986. However, the record contains dates such as "July 15, 1994" for other contexts. Let us follow the strict chronological sequence of the operative facts of this specific case]
October 30, 1986 (7:00 PM): Inside the campus of the Surigao del Norte National High School, seventeen-year-old Diomedes Guibao was waiting for his friend, Fernando Digol. Guibao headed to the first-floor school toilet and walked behind Joselito Z. Baltar, who was being followed by the appellants Antonio Jaralba and Jalandoni Corregidor, and an unidentified third person.
October 30, 1986 (approx. 7:05 PM): As Guibao was about to enter the toilet, he witnessed the appellants and their unidentified companion inside the toilet taking turns stabbing Joselito Z. Baltar with a "sundangay" (small bolo) while holding the victim's arms. The toilet light was not working, but a 20-watt fluorescent light outside the ceiling illuminated the room through iron grills.
October 30, 1986 (10:30 PM): Romeo Bulabog, a security guard on duty, made his rounds using a flashlight. He noticed drops of blood on the cement floor, traced them back to the toilet, discovered the dead body of Joselito Z. Baltar, and reported the matter to the police.
October 31, 1986 (dawn): Police investigator Cpl. Cipriano Iligan, along with Pat. Jamil, Cpl. Gonzaga, Cpl. Lisondra, and commercial photographer Roger Martinez, conducted an ocular inspection. They followed the trail of bloodstains from the school toilet directly to the cemented steps and door of appellant Jaralba's store, situated right beside his residence along the national highway. They woke up Jaralba's father, Jorge Jaralba, who could not locate his son.
October 31, 1986 (daytime): Dr. Alice Ensomo-Gonzaga performed an autopsy at the Saviour Funeral Parlor, finding 23 wounds (7 front, 14 back) and determining the cause of death to be shock and internal hemorrhage due to multiple stab wounds. Appellant Corregidor was picked up by the police for investigation.
November 3, 1986: Appellant Antonio Jaralba, accompanied by his father, Jorge Jaralba, voluntarily went to the police station where he was investigated and executed a signed written statement.
March 6, 1987: Diomedes Guibao decided to break his silence and disclosed to his teacher, Mrs. Beltran, that he witnessed the appellants kill Joselito Baltar.
NOT IN RECORD: The exact date of the filing of the original and amended Information, and the date of the original arraignment.
During the Trial (post-arraignment): The trial court ordered the oral amendment of the Information to change the description of some of the victim's wounds from "lacerated" to "stab" to conform with the autopsy report and the testimony of Dr. Alice Ensomo-Gonzaga. The appellants entered no second plea and were not re-arraigned.
November 24, 1989: The Regional Trial Court of Surigao City, Branch 30, rendered a decision finding Antonio Jaralba and Jalandoni Corregidor guilty of Murder under Article 248 of the Revised Penal Code, imposing the penalty of reclusion perpetua, and ordering them to pay P30,000.00 as civil indemnity, P10,000.00 as moral damages, and P5,000.00 as funeral expenses.
September 20, 1993: The Supreme Court of the Philippines promulgated its Decision, affirming the judgment of conviction with a modification increasing the civil indemnity to P50,000.00.

Arguments of the Parties

A. Appellants / Defense.

Procedural Incompetence and Jeopardy: The trial court committed grave, reversible error in orally ordering the amendment of the Information after arraignment from "lacerated" to "stab" wounds, and in proceeding with trial without re-arraignment under the amended Information. The failure to re-arraign the appellants violated their constitutional right to be informed of the nature and cause of the accusation, thereby placing them in double jeopardy.
Reluctance of Eyewitness: The testimony of Diomedes Guibao is incredible because he failed to reveal his knowledge of the incident to the authorities for over four months (from October 30, 1986, to March 6, 1987), which is contrary to normal human behavior and indicative of fabricated or biased testimony. Guibao also harbored a grudge against appellant Corregidor.
Alibi and Denial: Appellant Jaralba merely went to the comfort room, heard a commotion, was stabbed in the palm by an unknown assailant, and ran home to attend to his wound. Appellant Corregidor was in Placer working on a mausoleum the entire day and only returned to Surigao City at 7:30 PM, making his physical participation in the crime impossible.

B. Appellee / Prosecution (People of the Philippines).

Sufficiency and Formality of the Amendment: The oral amendment of the Information was a mere formal correction of a descriptive detail regarding the victim's wounds to conform to the autopsy report. It did not alter the nature of the offense, which remained Murder; thus, no re-arraignment was legally required, and no double jeopardy attached.
Justified Delay of Witness: The four-month delay on the part of Guibao is fully consistent with the natural reticence and fear of reprisal common to young eyewitnesses of violent crimes. His positive identification completely overthrows the self-serving and fabricated defenses of alibi and denial.

C. Common Ground.

Stipulated Facts: NOT IN RECORD (The decision does not contain any express stipulations of the parties).

Issue

A. Main Issue (Topic/Subtopic-Centered).

Whether or not the trial court committed a fatal procedural error in ordering the oral amendment of the Information after arraignment—specifically changing the description of the victim's wounds from "lacerated" to "stab" to conform with the autopsy report—and in proceeding with trial without re-arraigning the appellants.

B. Secondary Issues.

Whether or not the post-arraignment oral amendment of the Information placed the appellants in double jeopardy.
Whether or not the four-month delay of eyewitness Diomedes Guibao in reporting the crime impairs his credibility and destroys the probative value of his testimony.
Whether or not the defenses of alibi and denial interposed by the appellants are sufficient to generate reasonable doubt for acquittal.

Ruling

NO. The trial court did not err in ordering the oral amendment and in proceeding to trial without re-arraigning the appellants. The amendment was purely formal, did not affect the nature of the offense charged, and did not necessitate a new plea.

Verbatim Dispositive Portion:

"WHEREFORE, the appealed judgment is hereby AFFIRMED, with the modification as to the indemnity which is hereby increased from P30,000.00 to P50,000.00. Costs against appellants.

SO ORDERED."

Ratio

The Court resolved the main issue by meticulously distinguishing between a formal amendment and a substantial amendment/substitution under the rules of criminal procedure:

The Nature of the Oral Amendment: The trial court merely ordered a change in the description of some of the victim's wounds in the Information from "lacerated" to "stab" to conform to the description in the autopsy report and the testimony of Dr. Alice Ensomo-Gonzaga. This alteration did not introduce any new element of the offense, nor did it change the nature of the crime charged. The offense designated and described in the body of the Information was, and correctly remained, Murder under Article 248 of the Revised Penal Code.
The Scope of Re-Arraignment Under the Rules: Under Rule 110, Section 14, paragraph 2 of the 1985 Rules on Criminal Procedure, a re-arraignment and a new plea are required only when the amendment involves a mistake in charging the proper offense (i.e., a substitution). Since the amendment in this case was not effected to correct a mistake in the designation of the offense, and because the legal characterization of the act as Murder remained unchanged, the amendment is purely formal.
Absence of Prejudice to Substantial Rights: A formal amendment does not affect the essence of the offense, alter the prosecution's theory, cause surprise, or render the evidence of the defense inapplicable. The defenses of alibi and denial raised by the appellants were equally available before and after the correction. Consequently, a re-arraignment was not a jurisdictional necessity, and the trial court properly proceeded with the trial on the basis of the original plea of not guilty.

Doctrine

B. Doctrines/Rules. The Court reaffirmed the following procedural and substantive rules:

Re-Arraignment Rule:

"Furthermore, a re-arraignment is necessary only where the change or amendment of the information involves a mistake in the charging of the proper offense (Rule 110, Section 14, par., 1985 Rules on Criminal Procedure). In the case at bar, the change in the information, i.e., the change in the description of some of the victim's wounds from 'lacerated' to 'stab' was not effected to correct a mistake in charging the proper offense. It did not have the effect of changing the offense charged in the information, which was, and correctly remained as, murder."
Double Jeopardy Attachment Rule:

"It is elementary that for double jeopardy to attach, an accused must, among others, first be acquitted or convicted and is being charged anew for the very same offense for which he was previously prosecuted (Rule 117, Section 7, 1985 Rules on Criminal Procedure). Here, appellants were yet to be convicted or acquitted of the crime charged. Hence, no double jeopardy has attached."
Reluctance/Delay of Eyewitnesses:

"The delay, when adequately explained, does not impair the credibility of the witness... the initial reluctance of Diomedes Guibao to volunteer information on a crime he witnessed and his unwillingness to be involved in criminal investigation for fear of reprisal is common and has been judicially declared not to affect the credibility of a witness."
Alibi and Denial vs. Positive Identification:

"...denial, like alibi, is inherently a weak defense and can easily be defeated by the affirmative and credible testimonies of prosecution witnesses pointing to the accused as the perpetrators of the crime for which they are charged."

C. Limitations/Exceptions.

The Court recognized that an amendment to an Information would be substantial and require a new preliminary investigation and re-arraignment if it changed the proper offense charged or altered the recital of material facts in a manner that would surprise the accused or render their prepared defense and evidence inapplicable.
Double Jeopardy Limitation: Double jeopardy under Section 7 of Rule 117 does not apply to amendments made during the course of a single, pending prosecution where there has been no prior final acquittal, conviction, or dismissal without the express consent of the accused.

D. Topic Integration.

Classification: DIRECT.
Integration: People v. Jaralba is an illustrative case for Rule 110, Section 14 of the Rules on Criminal Procedure. It establishes that a physical, typographical, or descriptive correction of the details of a wound (shifting the word "lacerated" to "stab" to match the attached autopsy report) is a purely formal amendment. It is controlling because it draws a sharp line between a formal amendment—which does not require a second plea or re-arraignment—and a substantial amendment or substitution—which alters the nature of the crime, affects the defense's strategy, and legally mandates a new arraignment.

Separate Opinions

NOT APPLICABLE: The decision of the Third Division was unanimous; no concurring or dissenting opinions were filed.

Cited Laws & Provisions

Every statute, rule, and issuance the decision turns on — the text as written, and the work it does in this case.

Implementing Rules

Section 14, Rule 110, Rules of Court

Amendment or substitution

Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC, effective 1 December 2000) — Rule 110 (Prosecution of Offenses)

A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused.

However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. (n)

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. (14a)

LawPhil posts the text as amended effective 1 December 2000. Later amendments — notably to the bail and preliminary-investigation rules — are not reflected here, so check the date of the decision against the date of the amendment.

Why it is cited here

Formal versus substantial, applied to an oral amendment made in open court.

"A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and without causing prejudice."

The trial court merely ordered a change in the description of some of the victims. That altered no element and no theory — the same offense, against the same persons, differently described.

So it was formal, permissible after plea, and required neither a new information nor a fresh arraignment.

Implementing Rules

Section 12, Rule 110, Rules of Court

Name of the offended party

Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC, effective 1 December 2000) — Rule 110 (Prosecution of Offenses)

The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.

(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.

(b) If the true name of the of the person against whom or against whose properly the offense was committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in the complaint or information and the record.

(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. (12a)

Why it is cited here

Why a change in the victims' description is formal.

"The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known."

The section itself contemplates imprecision — an appellation or nickname suffices — which signals that the naming requirement is about identification, not exactness.

Correcting how a victim is described therefore refines the identification the information already made. Compare Senador, where a misdesignated offended party in a property offense was likewise held formal.

Implementing Rules

Section 1, Rule 116, Rules of Court

Arraignment and plea; how made

Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC, effective 1 December 2000) — Rule 116 (Arraignment and Plea)

(a) The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty. The prosecution may call at the trial witnesses other than those named in the complaint or information.

(b) The accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings.

(d) When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. (n)

(e) When the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint. The accused shall be arraigned within ten (10) days from the date of the raffle. The pre-trial conference of his case shall be held within ten (10) days after arraignment. (n)

(f) The private offended party shall be required to appear at the arraignment for purposes of plea bargaining, determination of civil liability, and other matters requiring his presence. In case of failure of the offended party to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. (cir. 1-89)

(g) Unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period. (sec. 2, cir. 38-98)

Why it is cited here

What the characterisation spares the trial.

Arraignment is made by furnishing the accused a copy of the information, reading it in a language known to him, and asking him whether he pleads guilty or not guilty.

A substantial amendment requires re-arraignment, and casts doubt on testimony already taken on the old charge. A formal one requires neither.

That is the practical stake in every dispute in this cluster: the label decides not only whether the amendment stands but how much of the proceedings survive it.

Related notes:

Assigned under the same subtopic — IV.c — Complaint or Information: Amendment or Substitution:

(and 5 more under this subtopic — see the Week 3 coverage table.)

Source: https://lawphil.net/judjuris/juri1993/sep1993/gr_96766_1993.html

Cited laws & provisions

Section 14, Rule 110, Rules of Court

Implementing Rules

Amendment or substitution

Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC, effective 1 December 2000) — Rule 110 (Prosecution of Offenses)

Why it is cited here

Formal versus substantial, applied to an oral amendment made in open court.

The trial court merely ordered a change in the description of some of the victims. That altered no element and no theory — the same offense, against the same persons, differently described.

So it was formal, permissible after plea, and required neither a new information nor a fresh arraignment.

Full entry below ↓

Section 12, Rule 110, Rules of Court

Implementing Rules

Name of the offended party

Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC, effective 1 December 2000) — Rule 110 (Prosecution of Offenses)

(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.

Why it is cited here

Why a change in the victims' description is formal.

The section itself contemplates imprecision — an appellation or nickname suffices — which signals that the naming requirement is about identification, not exactness.

Full entry below ↓

Section 1, Rule 116, Rules of Court

Implementing Rules

Arraignment and plea; how made

Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC, effective 1 December 2000) — Rule 116 (Arraignment and Plea)

(d) When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. (n)

Why it is cited here

What the characterisation spares the trial.

Arraignment is made by furnishing the accused a copy of the information, reading it in a language known to him, and asking him whether he pleads guilty or not guilty.

A substantial amendment requires re-arraignment, and casts doubt on testimony already taken on the old charge. A formal one requires neither.

That is the practical stake in every dispute in this cluster: the label decides not only whether the amendment stands but how much of the proceedings survive it.

Full entry below ↓

ℹ️ Assigned Topic/Subtopic

IV.c — Complaint or Information: Amendment or Substitution Full text: https://lawphil.net/judjuris/juri1993/sep1993/gr_96766_1993.html

Facts

On October 30, 1986 at about 7:00 p.m., inside the campus of the Surigao del Norte National High School, seventeen-year-old Diomedes Guibao walked behind Joselito Z. Baltar, who was being followed by Antonio Jaralba, Jalandoni Corregidor and an unidentified third man.
Moments later Guibao saw the three inside the school toilet taking turns stabbing Baltar with a "sundangay" (small bolo) while holding his arms. The toilet light was out, but a 20-watt fluorescent outside lit the room through iron grills.
At 10:30 p.m. security guard Romeo Bulabog, making his rounds with a flashlight, noticed drops of blood on the cement floor, traced them to the toilet and found Baltar dead.
At dawn on October 31 investigators followed the trail of bloodstains from the school toilet to the cemented steps and door of Jaralba's store, beside his residence on the national highway. His father could not locate him.
Dr. Alice Ensomo-Gonzaga's autopsy that day found 23 wounds — 7 in front, 14 at the back — death being from "shock and internal hemorrhage due to multiple stab wounds."
On November 3, 1986 Jaralba voluntarily went to the police station with his father and gave a signed statement. On March 6, 1987 Guibao broke his silence and told his teacher what he had seen. That four-month delay becomes an attack on his credibility.
The accused were arraigned and pleaded not guilty to Murder.
During trial the court ordered an oral amendment of the Information, changing the description of some of the wounds from "lacerated" to "stab" to conform to the autopsy report and Dr. Gonzaga's testimony. The accused entered no second plea and were not re-arraigned.
On November 24, 1989 the RTC of Surigao City, Branch 30, convicted both of Murder, imposing reclusion perpetua. Decided September 20, 1993, affirming with indemnity raised to P50,000.00.

Issue

Ruling

NO. The amendment was purely formal, did not affect the nature of the offense charged, and did not necessitate a new plea.

Secondary issues. NO on all three. No double jeopardy attached; the delay, adequately explained, does not impair credibility; and denial and alibi cannot stand against positive identification.

"WHEREFORE, the appealed judgment is hereby AFFIRMED, with the modification as to the indemnity which is hereby increased from P30,000.00 to P50,000.00. Costs against appellants.

SO ORDERED."

Ratio

The Court characterised the change narrowly. It "merely ordered a change in the description of some of the victim's wounds … to conform to the description in the autopsy report," introducing "no new element of the offense" and not changing the crime, "which was, and correctly remained as, murder."
Re-arraignment has a specific trigger. Under Section 14, Rule 110, "a re-arraignment is necessary only where the change or amendment of the information involves a mistake in the charging of the proper offense" — that is, a substitution. The rule is not "re-arraign on every amendment"; it is "re-arraign when the offence changes."
The operative passage: "In the case at bar, the change in the information, i.e., the change in the description of some of the victim's wounds from 'lacerated' to 'stab' was not effected to correct a mistake in charging the proper offense. It did not have the effect of changing the offense charged in the information, which was, and correctly remained as, murder."
No prejudice followed. A formal amendment "does not affect the essence of the offense, alter the prosecution's theory, cause surprise, or render the evidence of the defense inapplicable," and the defences of alibi and denial were "equally available before and after the correction."
On double jeopardy the Court applied the elementary rule: "for double jeopardy to attach, an accused must, among others, first be acquitted or convicted and is being charged anew for the very same offense … Here, appellants were yet to be convicted or acquitted of the crime charged. Hence, no double jeopardy has attached."
On the delayed disclosure: "The delay, when adequately explained, does not impair the credibility of the witness … the initial reluctance … to volunteer information on a crime he witnessed and his unwillingness to be involved … for fear of reprisal is common and has been judicially declared not to affect the credibility of a witness."
And on the defences: "denial, like alibi, is inherently a weak defense and can easily be defeated by the affirmative and credible testimonies of prosecution witnesses pointing to the accused as the perpetrators."

Doctrine

Re-arraignment is required only for a change of offence.

"[A] re-arraignment is necessary only where the change or amendment of the information involves a mistake in the charging of the proper offense"; a descriptive correction that leaves the offence unchanged is purely formal and needs no second plea.
Double jeopardy attaches only after a first acquittal, conviction or valid dismissal — it does not apply to amendments made during the course of a single, pending prosecution.
Delayed disclosure by a witness, adequately explained by fear of reprisal, does not impair credibility.
Denial and alibi are inherently weak against positive identification.

Limits.

The distinction still bites the other way. An amendment is substantial — requiring a new preliminary investigation and re-arraignment — if it changed the proper offense charged or altered the recital of material facts in a manner that would surprise the accused or render their prepared defense and evidence inapplicable.
Note the unusual mechanics tolerated here: the amendment was made orally, from the bench, mid-trial — the Court's answer is that its content, not its form, is what determines whether it is formal. A change of substance made the same way would not have survived.
And note the alignment with Kummer v. People, which states the same re-arraignment rule for a change of date: in both, the constitutional purpose of arraignment was already served by the first plea, because the offence the accused pleaded to never changed.

Full Digest — Recitation Format

Gist

Facts

July 15, 1994: [Note: Dr. Alice Ensomo-Gonzaga performed an autopsy on October 31, 1986. However, the record contains dates such as "July 15, 1994" for other contexts. Let us follow the strict chronological sequence of the operative facts of this specific case]
October 30, 1986 (7:00 PM): Inside the campus of the Surigao del Norte National High School, seventeen-year-old Diomedes Guibao was waiting for his friend, Fernando Digol. Guibao headed to the first-floor school toilet and walked behind Joselito Z. Baltar, who was being followed by the appellants Antonio Jaralba and Jalandoni Corregidor, and an unidentified third person.
October 30, 1986 (approx. 7:05 PM): As Guibao was about to enter the toilet, he witnessed the appellants and their unidentified companion inside the toilet taking turns stabbing Joselito Z. Baltar with a "sundangay" (small bolo) while holding the victim's arms. The toilet light was not working, but a 20-watt fluorescent light outside the ceiling illuminated the room through iron grills.
October 30, 1986 (10:30 PM): Romeo Bulabog, a security guard on duty, made his rounds using a flashlight. He noticed drops of blood on the cement floor, traced them back to the toilet, discovered the dead body of Joselito Z. Baltar, and reported the matter to the police.
October 31, 1986 (dawn): Police investigator Cpl. Cipriano Iligan, along with Pat. Jamil, Cpl. Gonzaga, Cpl. Lisondra, and commercial photographer Roger Martinez, conducted an ocular inspection. They followed the trail of bloodstains from the school toilet directly to the cemented steps and door of appellant Jaralba's store, situated right beside his residence along the national highway. They woke up Jaralba's father, Jorge Jaralba, who could not locate his son.
October 31, 1986 (daytime): Dr. Alice Ensomo-Gonzaga performed an autopsy at the Saviour Funeral Parlor, finding 23 wounds (7 front, 14 back) and determining the cause of death to be shock and internal hemorrhage due to multiple stab wounds. Appellant Corregidor was picked up by the police for investigation.
November 3, 1986: Appellant Antonio Jaralba, accompanied by his father, Jorge Jaralba, voluntarily went to the police station where he was investigated and executed a signed written statement.
March 6, 1987: Diomedes Guibao decided to break his silence and disclosed to his teacher, Mrs. Beltran, that he witnessed the appellants kill Joselito Baltar.
NOT IN RECORD: The exact date of the filing of the original and amended Information, and the date of the original arraignment.
During the Trial (post-arraignment): The trial court ordered the oral amendment of the Information to change the description of some of the victim's wounds from "lacerated" to "stab" to conform with the autopsy report and the testimony of Dr. Alice Ensomo-Gonzaga. The appellants entered no second plea and were not re-arraigned.
November 24, 1989: The Regional Trial Court of Surigao City, Branch 30, rendered a decision finding Antonio Jaralba and Jalandoni Corregidor guilty of Murder under Article 248 of the Revised Penal Code, imposing the penalty of reclusion perpetua, and ordering them to pay P30,000.00 as civil indemnity, P10,000.00 as moral damages, and P5,000.00 as funeral expenses.
September 20, 1993: The Supreme Court of the Philippines promulgated its Decision, affirming the judgment of conviction with a modification increasing the civil indemnity to P50,000.00.

Arguments of the Parties

A. Appellants / Defense.

Procedural Incompetence and Jeopardy: The trial court committed grave, reversible error in orally ordering the amendment of the Information after arraignment from "lacerated" to "stab" wounds, and in proceeding with trial without re-arraignment under the amended Information. The failure to re-arraign the appellants violated their constitutional right to be informed of the nature and cause of the accusation, thereby placing them in double jeopardy.
Reluctance of Eyewitness: The testimony of Diomedes Guibao is incredible because he failed to reveal his knowledge of the incident to the authorities for over four months (from October 30, 1986, to March 6, 1987), which is contrary to normal human behavior and indicative of fabricated or biased testimony. Guibao also harbored a grudge against appellant Corregidor.
Alibi and Denial: Appellant Jaralba merely went to the comfort room, heard a commotion, was stabbed in the palm by an unknown assailant, and ran home to attend to his wound. Appellant Corregidor was in Placer working on a mausoleum the entire day and only returned to Surigao City at 7:30 PM, making his physical participation in the crime impossible.

B. Appellee / Prosecution (People of the Philippines).

Sufficiency and Formality of the Amendment: The oral amendment of the Information was a mere formal correction of a descriptive detail regarding the victim's wounds to conform to the autopsy report. It did not alter the nature of the offense, which remained Murder; thus, no re-arraignment was legally required, and no double jeopardy attached.
Justified Delay of Witness: The four-month delay on the part of Guibao is fully consistent with the natural reticence and fear of reprisal common to young eyewitnesses of violent crimes. His positive identification completely overthrows the self-serving and fabricated defenses of alibi and denial.

C. Common Ground.

Stipulated Facts: NOT IN RECORD (The decision does not contain any express stipulations of the parties).

Issue

A. Main Issue (Topic/Subtopic-Centered).

Whether or not the trial court committed a fatal procedural error in ordering the oral amendment of the Information after arraignment—specifically changing the description of the victim's wounds from "lacerated" to "stab" to conform with the autopsy report—and in proceeding with trial without re-arraigning the appellants.

B. Secondary Issues.

Whether or not the post-arraignment oral amendment of the Information placed the appellants in double jeopardy.
Whether or not the four-month delay of eyewitness Diomedes Guibao in reporting the crime impairs his credibility and destroys the probative value of his testimony.
Whether or not the defenses of alibi and denial interposed by the appellants are sufficient to generate reasonable doubt for acquittal.

Ruling

NO. The trial court did not err in ordering the oral amendment and in proceeding to trial without re-arraigning the appellants. The amendment was purely formal, did not affect the nature of the offense charged, and did not necessitate a new plea.

Verbatim Dispositive Portion:

"WHEREFORE, the appealed judgment is hereby AFFIRMED, with the modification as to the indemnity which is hereby increased from P30,000.00 to P50,000.00. Costs against appellants.

SO ORDERED."

Ratio

The Court resolved the main issue by meticulously distinguishing between a formal amendment and a substantial amendment/substitution under the rules of criminal procedure:

The Nature of the Oral Amendment: The trial court merely ordered a change in the description of some of the victim's wounds in the Information from "lacerated" to "stab" to conform to the description in the autopsy report and the testimony of Dr. Alice Ensomo-Gonzaga. This alteration did not introduce any new element of the offense, nor did it change the nature of the crime charged. The offense designated and described in the body of the Information was, and correctly remained, Murder under Article 248 of the Revised Penal Code.
The Scope of Re-Arraignment Under the Rules: Under Rule 110, Section 14, paragraph 2 of the 1985 Rules on Criminal Procedure, a re-arraignment and a new plea are required only when the amendment involves a mistake in charging the proper offense (i.e., a substitution). Since the amendment in this case was not effected to correct a mistake in the designation of the offense, and because the legal characterization of the act as Murder remained unchanged, the amendment is purely formal.
Absence of Prejudice to Substantial Rights: A formal amendment does not affect the essence of the offense, alter the prosecution's theory, cause surprise, or render the evidence of the defense inapplicable. The defenses of alibi and denial raised by the appellants were equally available before and after the correction. Consequently, a re-arraignment was not a jurisdictional necessity, and the trial court properly proceeded with the trial on the basis of the original plea of not guilty.

Doctrine

B. Doctrines/Rules. The Court reaffirmed the following procedural and substantive rules:

Re-Arraignment Rule:

"Furthermore, a re-arraignment is necessary only where the change or amendment of the information involves a mistake in the charging of the proper offense (Rule 110, Section 14, par., 1985 Rules on Criminal Procedure). In the case at bar, the change in the information, i.e., the change in the description of some of the victim's wounds from 'lacerated' to 'stab' was not effected to correct a mistake in charging the proper offense. It did not have the effect of changing the offense charged in the information, which was, and correctly remained as, murder."
Double Jeopardy Attachment Rule:

"It is elementary that for double jeopardy to attach, an accused must, among others, first be acquitted or convicted and is being charged anew for the very same offense for which he was previously prosecuted (Rule 117, Section 7, 1985 Rules on Criminal Procedure). Here, appellants were yet to be convicted or acquitted of the crime charged. Hence, no double jeopardy has attached."
Reluctance/Delay of Eyewitnesses:

"The delay, when adequately explained, does not impair the credibility of the witness... the initial reluctance of Diomedes Guibao to volunteer information on a crime he witnessed and his unwillingness to be involved in criminal investigation for fear of reprisal is common and has been judicially declared not to affect the credibility of a witness."
Alibi and Denial vs. Positive Identification:

"...denial, like alibi, is inherently a weak defense and can easily be defeated by the affirmative and credible testimonies of prosecution witnesses pointing to the accused as the perpetrators of the crime for which they are charged."

C. Limitations/Exceptions.

The Court recognized that an amendment to an Information would be substantial and require a new preliminary investigation and re-arraignment if it changed the proper offense charged or altered the recital of material facts in a manner that would surprise the accused or render their prepared defense and evidence inapplicable.
Double Jeopardy Limitation: Double jeopardy under Section 7 of Rule 117 does not apply to amendments made during the course of a single, pending prosecution where there has been no prior final acquittal, conviction, or dismissal without the express consent of the accused.

D. Topic Integration.

Classification: DIRECT.
Integration: People v. Jaralba is an illustrative case for Rule 110, Section 14 of the Rules on Criminal Procedure. It establishes that a physical, typographical, or descriptive correction of the details of a wound (shifting the word "lacerated" to "stab" to match the attached autopsy report) is a purely formal amendment. It is controlling because it draws a sharp line between a formal amendment—which does not require a second plea or re-arraignment—and a substantial amendment or substitution—which alters the nature of the crime, affects the defense's strategy, and legally mandates a new arraignment.

Separate Opinions

NOT APPLICABLE: The decision of the Third Division was unanimous; no concurring or dissenting opinions were filed.