GR 45332; (October, 1936) (Digest)
G.R. No. 45332 ; October 27, 1936
BRUNO AREVALO and CECILIO AREVALO, petitioners, vs. RICARDO NEPOMUCENO, Judge of First Instance of Nueva Ecija, and THE PROVINCIAL FISCAL OF NUEVA ECIJA, respondents.
FACTS
An information for murder was filed against Bruno Arevalo and Cecilio Arevalo, alleging Bruno was armed with a knife and Cecilio with a revolver. After arraignment and during trial, a witness testified it was Bruno who carried the revolver and Cecilio the knife. The defense objected to this testimony. The court indicated it would sustain the objection unless the fiscal amended the information. The fiscal filed an amended information to conform to the witness’s testimony, which the court admitted. The accused petitioners filed for certiorari, seeking to annul the resolution permitting the amendment.
ISSUE
Did the trial court commit a grave abuse of discretion or exceed its jurisdiction in allowing the amendment to the information?
RULING
No. The Supreme Court denied the petition. The amendment was merely a matter of form, not substance. It did not alter the nature of the crime of murder, as the liability of both accused remained the same given the allegation of conspiracy. The amendment did not substantially alter the information or affect the rights of the accused.
AI Generated by Armztrong.