Title
Teehankee, Jr. vs. Madayag
Case
G.R. No. 103102
Decision Date
Mar 6, 1992
Claudio Teehankee, Jr. charged with frustrated murder; amended to consummated murder after victim's death. SC upheld amendment as formal, no new preliminary investigation needed, and validated counsel de oficio appointment. Trial court's scheduling discretion affirmed.

Case Digest (G.R. No. 9105)
Expanded Legal Reasoning Model

Facts:

  • Case Background
    • G.R. No. 103102, entitled Claudio J. Teehankee, Jr. v. Hon. Job B. Madayag and People of the Philippines, decided March 6, 1992, En Banc.
    • Petitioner filed a special civil action for certiorari, prohibition, and mandamus to nullify several trial court orders.
  • Trial Court Proceedings
    • Original Information (July 19, 1991)
      • Charged petitioner with frustrated murder of Maureen Navarro Hultman: armed attack with intent to kill, treachery, evident premeditation, causing gunshot wounds which did not cause death due to timely medical aid.
      • Prosecution rested; petitioner sought leave to file demurrer to evidence.
    • Amended Information (October 31, 1991)
      • Motion by private prosecutor to amend charge to consummated murder, alleging same attack directly caused victim’s death.
      • Petitioner opposed; filed opposition and rejoinder.
    • Trial Court Orders
      • November 13, 1991: respondent judge admitted the amended information without another preliminary investigation.
      • November 26, 1991: petitioner refused arraignment on amended information; judge entered plea of not guilty.
      • Upon petitioner’s counsel’s refusal to participate, the court appointed a counsel de oficio/PAO lawyer.
    • Petitioner’s Prayer
      • Nullify admission of amended information, arraignment, plea, and de oficio appointment;
      • Prohibit overspeedy scheduling;
      • Compel preliminary investigation on amended charge.

Issues:

  • Amendment of Information
    • Whether an amended information converting frustrated murder into consummated murder—filed after prosecution rested—may be admitted without a new preliminary investigation.
    • Whether the change in the stage of execution (additional allegation of death) constitutes a substantial amendment requiring fresh proceedings.
  • Appointment of Counsel de Oficio
    • Whether the trial court validly appointed a counsel de oficio when petitioner’s retained counsel refused to participate.
    • Whether such appointment infringes petitioner’s right to counsel of choice.
  • Case Scheduling
    • Whether the trial court’s “over-speedy and preferential” scheduling of petitioner’s case over older cases is legal.
    • Whether such scheduling violates petitioner’s and other litigants’ rights or prejudices the administration of justice.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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