RULE 110, SECTION 14
AMENDMENT OF COMPLAINT OR INFORMATION
CODAL
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
plea, only a formal amendment may be made with leave of court, provided it
does not prejudice the substantial rights of the accused.
1. What is an amendment?
Best Answer
An amendment is the modification or correction of a complaint or information
without filing a new Information.
2. Who may amend?
✔ Public Prosecutor
Why?
Because criminal actions are prosecuted under the direction and control of
the public prosecutor under Rule 110, Section 5.
3. Before plea
Rule
✔ Formal Amendment
✔ Substantial Amendment
✔ Without leave of court
Professor
Why?
Answer
Because the accused has not yet entered his plea.
He has not yet prepared his defense.
4. After plea
Rule
Only
✔ Formal Amendment
Requirements
✔ Leave of Court
✔ No prejudice to the accused
Why?
Answer
Because the accused has already entered his plea and prepared his defense.
A substantial amendment would violate his constitutional right to be
informed of the nature and cause of the accusation.
5. What is Leave of Court?
Best Answer
Leave of court is the permission or authority granted by the court allowing
the prosecutor to amend the complaint or information after the accused has
entered a plea.
6. What is a Formal Amendment?
Best Answer
A formal amendment is one that does not change the nature of the offense
and does not prejudice the substantial rights of the accused.
Examples
✔ Correction of spelling
✔ Correction of age
✔ Correction of middle name
✔ Clerical errors
✔ Approximate date (if not material)
7. What is a Substantial Amendment?
Best Answer
A substantial amendment is one that changes the nature of the offense, the
theory of the prosecution, or prejudices the substantial rights of the accused.
Examples
❌ Homicide → Murder
❌ Theft → Robbery
❌ Add Treachery
❌ Add Qualifying Circumstance
8. Test
Professor
How do you determine whether an amendment is formal or substantial?
Answer
The test is whether the amendment prejudices the substantial rights of the
accused.
9. Why prohibited after plea?
Best Answer
Because the accused has already entered his plea and prepared his defense
based on the original Information. A substantial amendment would violate his
constitutional right to be informed of the nature and cause of the accusation
and may also raise issues of double jeopardy.
10. Leading Case
Teehankee Jr. v. Madayag
Doctrine
A formal amendment after plea is allowed provided it does not prejudice the
substantial rights of the accused.
Formal vs Substantial
FORMAL SUBSTANTIAL
Clerical
Changes offense
correction
FORMAL SUBSTANTIAL
Same defense Different defense
No prejudice Prejudices accused
Allowed after Not allowed after
plea plea
BEFORE vs AFTER PLEA
BEFORE PLEA AFTER PLEA
Formal ✔ Formal ✔
Substantial ✔ Substantial ✘
No leave of Leave of court
court required
Professor's Favorite Questions
What is amendment?
Ans. Modification or correction of the complaint or information without filing a
new Information.
Who may amend?
Ans The Public Prosecutor.
What is leave of court?
Ans Permission from the court to amend the Information after plea.
Can a complaint or information be amended after plea?
Ans Yes. Only formal amendment, with leave of court, provided it
does not prejudice the accused.
What is the test?
Ans Whether the amendment prejudices the substantial rights of the
accused.
Why is substantial amendment prohibited?
Ans
Because it changes the nature of the offense or the theory of the prosecution
and prejudices the accused's constitutional right to be informed of the
accusation.
30-Second Recitation Answer
"Under Rule 110, Section 14, a complaint or information may be amended in
form or in substance before the accused enters his plea, without leave of
court. However, after plea, only a formal amendment may be made with
leave of court, provided it does not prejudice the substantial rights of the
accused. The test is whether the amendment changes the nature of the
offense or prejudices the accused's right to prepare his defense."
what is an amendment of a complaint or information?
An amendment of a complaint or information is the modification or correction
of the allegations in the complaint or information. Under Rule 110, Section
14, before the accused enters his plea, the complaint or information may be
amended in form or in substance without leave of court. However, after the
accused has entered a plea, only a formal amendment may be allowed, with
leave of court, provided that it does not prejudice the substantial rights of
the accused.
what is the difference between a formal amendment and a
substantial amendment?
A formal amendment is one that does not change the nature of the offense
nor prejudice the substantial rights of the accused. It merely corrects clerical,
typographical, or non-essential matters. On the other hand, a substantial
amendment changes the nature of the offense, the theory of the
prosecution, or the defense available to the accused, thereby prejudicing his
substantial rights.
why is a substantial amendment generally prohibited after the
accused has entered a plea?
A substantial amendment is generally prohibited after the accused has
entered a plea because it would prejudice the substantial rights of the
accused. The accused has already been informed of the nature and cause of
the accusation and has prepared his defense based on the original
Information. Allowing a substantial amendment would violate his right to due
process and may also raise issues of double jeopardy.