Facts:

• The shooting incident occurred on June 5, 1971, at Sta. Lucia Street, Mandaluyong, Rizal.
• Two informations for frustrated homicide were filed against Sixto Ruiz in the Court of First Instance of Rizal on February 21, 1972.
• The victims were Ernesto Bello and Rogelio Bello.
• Sixto Ruiz pleaded not guilty to the charges.
• State Prosecutor Lilia C. Lopez filed a motion to amend the informations, alleging that there was evidence of a prima facie case against Luis Padilla and Magsikap Ongchenco, who conspired with Sixto Ruiz.
• The trial judge denied the motion, stating that allowing the amendment would constitute a substantial amendment.
• New informations for frustrated homicide were filed against Luis Padilla and Magsikap Ongchenco (Criminal Cases Nos. 9673 and 9674), alleging their conspiracy with Sixto Ruiz.
• Padilla and Ongchenco moved to quash the new informations, but their motion was denied.
• Sixto Ruiz also filed a motion to quash and/or strike out the allegation of conspiracy in the new informations, but the trial judge ordered the striking out of the motion, stating that the allegation of conspiracy did not alter the theory of the case.
• The Court of Appeals ruled in favor of Sixto Ruiz, Luis Padilla, and Magsikap Ongchenco, stating that the trial judge exceeded his jurisdiction and/or abused his discretion in denying the motion to strike out the allegation of conspiracy.
• The Court ordered the deletion and striking out of the allegation of conspiracy in the new informations.

Issue:

• (Unlock)

Ruling:

• The Supreme Court agreed with the Court of Appeals that the trial judge should have allowed the amendment of the informations in Criminal Cases Nos. 4747 and 4748.
• The Court set aside the decision and resolution of the Court of Appeals and sustained the orders of the trial court, allowing the retention of the allegatio...(Unlock)

Ratio:

• The amendments sought were only formal and would not hav...continue reading