People v. Degamo, G.R. No. 121211, April 30, 2003

Crim Pro - Rule 110

Facts:

On October 4, 1994, a complaint was filed before the RTC of Ormoc City charging Roneto Degamo with the crime of rape with the use of a deadly weapon. Upon arraignment, Degamo pleaded not guilty.

            On January 17, 1995, before the start of the trial proper, the complaint was amended which included the allegation that by reason of the incident of rape, the victim has become insane. The penalty for original information was reclusion perpetua to death, while in the Amended Information, the mandatory penalty of death will be imposed.

Issue: Whether or not the amendment is only of form and may be deemed proper.

Held: Yes. The subject amendment is not of substance but of form. The insertion of the phrase that the victim has become insane by reason or on occasion of the rape in the Information merely raised the penalty that may be imposed in case of conviction. It does not charge another offense different from that charged in the original Information. Moreover, whatever defense the accused may have raised under the original information equally applies to the amended one.

Furthermore, it is also settled that amendment of an information to charge a more serious offense is permissible and does not constitute double jeopardy even where the accused was already arraigned and pleaded not guilty to the charge, where the basis of the more serious charge did not exist, but comes as a subsequent event. In this case the basis for the amendment was the psychosis of complainant which was determined after the filing of the information.

Unlike other qualifying circumstances, insanity of the victim by reason or on occasion of the rape may not be readily discerned right after the commission of the crime. The resultant insanity of the victim could be easily mistaken as a mere initial reaction, such as shock, to the incident. In other cases, it may take some weeks or even months for the insanity of the victim to manifest. Consequently, a psychiatrist would need some time with the victim before concluding that she is indeed suffering from insanity as a result of rape. Under these circumstances, the subsequent diagnosis of insanity by reason or on occasion of the rape is akin to a supervening event; in which case, the corresponding amendment of the information may be allowed, as correctly done by the trial court.