The Supreme Court clarified the rules on amending criminal informations after an accused has entered a plea. While formal amendments are generally permissible, they cannot prejudice the rights of the accused. This means that any amendment must not require the accused to alter their defense strategy or face a new charge that carries a heavier penalty. The Court emphasized that the right of an accused to be informed of the charges against them is paramount, and any amendment that undermines this right is impermissible. This ensures fair trials and protects individuals from being caught off guard during legal proceedings.

Corpus v. Pamular: Can Conspiracy Be Added After a Plea?

In Mayor “Jong” Amado Corpus, Jr. and Carlito Samonte v. Hon. Judge Ramon D. Pamular, Mrs. Priscilla Espinosa, and Nueva Ecija Provincial Public Prosecutor Floro Florendo, the Supreme Court addressed whether a trial court committed grave abuse of discretion in allowing an amended information to include a new accused and an allegation of conspiracy after one of the original accused had already been arraigned. The case stemmed from the shooting of Angelito Espinosa by Carlito Samonte. Initially, only Samonte was charged with murder. However, based on a witness affidavit, Mayor Amado “Jong” Corpus, Jr. was implicated as the mastermind behind the killing. Consequently, the prosecution sought to amend the information to include Corpus as a co-accused and to allege conspiracy between him and Samonte.

Samonte, upon arraignment, admitted to the killing but pleaded self-defense. The prosecution’s attempt to amend the information led to a legal battle, with Corpus and Samonte arguing that the amendment was substantial and prejudicial, especially since Samonte had already entered his plea. The petitioners argued that the inclusion of conspiracy would require Samonte to mount a new defense, violating his right to due process. They also contended that Judge Pamular failed to personally determine the existence of probable cause before issuing a warrant of arrest against Corpus.

The Supreme Court tackled several key issues. First, it addressed the procedural question of whether the petitioners should have filed a motion for reconsideration with the Regional Trial Court before resorting to a petition for certiorari. The Court emphasized that a motion for reconsideration is generally a prerequisite for a petition for certiorari, as it allows the lower court to correct any errors. However, the Court noted that exceptions exist, such as when the issue raised is purely one of law or involves public interest. The Court found that the petitioners failed to present a compelling reason for dispensing with this requirement, making their petition procedurally infirm.

The Court then distinguished between executive and judicial determination of probable cause. Executive determination occurs during the preliminary investigation, while judicial determination is made by a judge to ascertain whether a warrant of arrest should be issued. The Court emphasized that once an information is filed in court, the court acquires jurisdiction over the case and has the discretion to determine the guilt or innocence of the accused. Any motion to dismiss or other disposition of the case rests in the sound discretion of the court.

Regarding the suspension of arraignment due to a pending petition for review before the Department of Justice, the Court cited Rule 116, Section 11(c) of the Revised Rules of Criminal Procedure. This rule allows for the suspension of arraignment in such cases, provided that the period of suspension does not exceed sixty days. Since the petitioners’ petition for review had been pending for more than sixty days, the Court held that the trial court could proceed with the arraignment of Corpus.

The Court then addressed the issue of whether the amendment to include Corpus and allege conspiracy was a substantial amendment prohibited after Samonte’s plea. Rule 110, Section 14 of the Revised Rules of Criminal Procedure allows for formal amendments after a plea, provided they do not prejudice the rights of the accused. A substantial amendment, on the other hand, consists of facts constituting the offense charged and determinative of the court’s jurisdiction. The Court found that the inclusion of conspiracy did not alter the prosecution’s basic theory that Samonte willfully and intentionally shot Espinosa, making the amendment merely formal. However, it also stated that Samonte would be prejudiced if the amendment will be allowed after his plea. Applying the test, his defense and corresponding evidence will not be compatible with the allegation of conspiracy in the new information. Therefore, such formal amendment after plea is not allowed

Article III, Section 2 of the Constitution states:

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”

The Court also examined whether Judge Pamular had personally determined the existence of probable cause for the issuance of a warrant of arrest against Corpus. Article III, Section 2 of the Constitution requires that a warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. The Court clarified that while the judge is not required to personally examine the complainant and witnesses, he or she must make an independent determination of probable cause based on the evidence presented.

The Court found that Judge Pamular had reviewed the records of the case and conducted a hearing on the motions and manifestations filed, indicating that he had a working knowledge of the circumstances and had made an independent determination of probable cause. Furthermore, Rule 112, Section 6 of the Revised Rules of Criminal Procedure dictates that the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. The Court reiterates that under this provision, the issuing judge has the following options upon the filing of an Information:

1. dismiss the case if the evidence on record clearly failed to establish probable cause;
2. if he or she finds probable cause, issue a warrant of arrest; and
3. in case of doubt as to the existence of probable cause, order the prosecutor to present additional evidence within five days from notice, the issue to be resolved by the court within thirty days from the filing of the information.

Finally, the Court addressed a manifestation filed by Espinosa, which stated that Samonte had executed an affidavit admitting that Corpus ordered him to kill Espinosa. The Court, however, emphasized that it is not a trier of facts and cannot receive new evidence. Therefore, the Court remanded the case to the Regional Trial Court to pass upon this factual issue based on Samonte’s affidavit.

In conclusion, the Supreme Court partially granted the petition for certiorari. The Court upheld the trial court’s authority to proceed with the arraignment of Corpus and to issue a warrant of arrest based on probable cause. However, the Court remanded the case to the Regional Trial Court for a preliminary examination of probable cause for the issuance of a warrant of arrest and to consider Samonte’s affidavit implicating Corpus.

FAQs

What was the key issue in this case?	The key issue was whether the trial court committed grave abuse of discretion in allowing an amended information to include a new accused and an allegation of conspiracy after one of the original accused had already been arraigned.
What is the difference between executive and judicial determination of probable cause?	Executive determination occurs during the preliminary investigation by the prosecutor, while judicial determination is made by a judge to ascertain whether a warrant of arrest should be issued.
When can an arraignment be suspended due to a petition for review?	Under Rule 116, Section 11(c) of the Revised Rules of Criminal Procedure, an arraignment can be suspended for a maximum of sixty days from the filing of the petition for review with the Department of Justice.
What is a substantial amendment to an information?	A substantial amendment consists of facts constituting the offense charged and determinative of the court’s jurisdiction, which are generally not allowed after a plea.
What does the Constitution say about issuing warrants of arrest?	Article III, Section 2 of the Constitution states that no warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce.
Is a judge required to personally examine the complainant and witnesses before issuing a warrant of arrest?	No, but the judge must make an independent determination of probable cause based on the evidence presented and on record.
What options does a judge have upon the filing of an information?	The judge may dismiss the case if the evidence fails to establish probable cause, issue a warrant of arrest if probable cause exists, or order the prosecutor to present additional evidence if there is doubt.
Why did the Supreme Court remand the case to the Regional Trial Court?	The Supreme Court remanded the case to the Regional Trial Court to consider Samonte’s affidavit implicating Corpus, as the Supreme Court is not a trier of facts and cannot receive new evidence.

This case highlights the importance of balancing the rights of the accused with the need for effective prosecution. It underscores the trial court’s discretion in managing criminal cases while adhering to constitutional safeguards. The decision provides clarity on the rules governing amendments to criminal informations and the issuance of warrants of arrest.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Mayor “Jong” Amado Corpus, Jr. and Carlito Samonte v. Hon. Judge Ramon D. Pamular, Mrs. Priscilla Espinosa, and Nueva Ecija Provincial Public Prosecutor Floro Florendo, 64644, September 05, 2018