Case Digest (G.R. No. 119601)
Facts:
Danilo Buhat v. Court of Appeals and the People of the Philippines, G.R. No. 119601, December 17, 1996, First Division, Hermosisima, J., writing for the Court.On March 25, 1993 an information for homicide was filed in the Regional Trial Court (Branch 17, Roxas City) docketed as Criminal Case No. C-3991, accusing Danilo (Danny) Buhat, “John Doe” and “Richard Doe” of stabbing and killing Ramon George Yu on October 16, 1992. The body of the information alleged that Buhat stabbed the victim “using superior strength,” and that two unknown assailants held the victim’s arms while the stabbing occurred.
Petitioner was arraigned on June 9, 1993, pleaded “not guilty,” and trial proceeded; the prosecution presented at least two witnesses before seeking any amendment. On February 3, 1994, the Secretary of Justice Franklin M. Drilon found the complainant’s reconsideration meritorious and ordered the City Prosecutor to amend the information by upgrading the offense to murder and impleading additional accused: Herminia Altavas, Osmena Altavas and Renato Buhat. On March 10, 1994 the Assistant City Prosecutor moved for leave to amend; petitioner opposed.
On June 2, 1994 the RTC (Presiding Judge Jose O. Alovera) denied the prosecution’s motion to amend, relying in part on its discretion and the inquest prosecutor’s preliminary findings. The Solicitor General petitioned the Court of Appeals for certiorari to annul that order. On March 28, 1995 the Court of Appeals granted the petition, set aside the RTC order, permitted amendment of the information from homicide to murder, and allowed the inclusion of Herminia and Osmena Altavas as additional accused; it also made permanent a previously issued writ of preliminary injunction prohibiting the RTC from pr...(Subscriber-Only)
Issues:
- After an accused has pleaded “not guilty” to homicide, is the post-arraignment amendment of the information upgrading the charge to murder a substantial amendment prohibited under Section 14, Rule 110 of the 1985 Rules on Criminal Procedure?
- Did the Court of Appeals err in treating Danny Buhat and Renato Buhat as the same person and, more broadly, shoul...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)