DANILO BUHAT, petitioner, vs. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES, respondents., G.R. No. 119601 December 17, 1996

 FACTS:

An Information for homicide was filed in the RTC against Danny Buhat. The Information alleged that Danny Buhat, armed with a knife, unlawfully attacked and killed Ramon Yu while the said two unknown persons held his arms, using superior strength, inflicting, mortal wound which caused his death.

The City Prosecutor filed the aforementioned Information for homicide before RTC. However, the Secretary of Justice ordered the Prosecutor to amend the Information by upgrading the offense charge from homicide to murder, which the Prosecutor filed a motion for leave to amend the Information. The RTC, however, denied the motion of amendment and ordered the prosecution of the criminal offense of homicide.

Meanwhile, the OSG elevated the case to CA assailing the order of the trial court in denying the motion to amend the original Information filed. The CA granted the assailed order of the trial court.

Thereafter, the original Information of criminal offense of homicide was amended into murder which included two other accused conspiring and confederating, helping each other in the killing of Ramon Yu.    

ISSUE: whether or not the amendment of the original Information of criminal offense from homicide to murder is procedurally infirmed?

HELD:

Jurisprudential rule is that an allegation of conspiracy and in the indictment of some other persons in addition to the original accused, constitutes a mere formal amendment permissible even after arraignment.

In the case of Regala Vs. Bataan, we ruled that an amendment of an original Information with an indictment by including two other persons charged with the same offense and alleging conspiracy was held that amendment is not substantial and is allowed.

We also ruled in the case of Dimalibot Vs. Salcedo that an amendment of the Information so as to change the crime charged from homicide to murder, may be made, even if it may result in altering the nature of the charged so long as it can be done without prejudice to the to the right of the accused.

In this case, the original Information, while only mentioning homicide, alleged:

Danny Buhat, John Doe and Richard Doe as the accused of Danny Buhat stabbing the deceased Ramon while his two other companions were holding the arms of Ramon, thus, "the Information already alleged superior strength"; and inflicting mortal wounds which led to the death of Ramon.

Superior strength qualifies the offense to murder.

 

WHEREFORE, the petition is DISMISSED for lack of merit. The City Prosecutor of Roxas City is HEREBY ORDERED to file the correct Amended Information.