Fronda-Baggao v. People, G.R. No. 151785, Dec. 10, 2007

Crim Pro - Rule 110

Facts:

        Sometime in 1989, four separate Informations for illegal recruitment against Susan Fronda-Baggao were filed in the RTC of Bangued, Abra. The petitioner eluded arrest for more than a decade, but was later arrested. 

            On July 26, 1999, the prosecutor filed a motion to amend the Informations, lumping them to one Information for illegal recruitment in large scale. The trial court denied the motion. But, upon motion for reconsideration, the trial court admitted the Information for Illegal Recruitment in Large Scale.

            

           Petitioner filed a motion for reconsideration, but was denied by the RTC. The petitioner's petition for certiorari and prohibition with prayer for the issuance of a preliminary injunction and/or temporary restraining order was also denied by the CA. Hence, the present petition to the SC where the petitioner argues that (a) Section 14, Rule 110 of the Revised Rules on Criminal Procedure refers to an amendment of one Information only, not four, which cannot be joined in only one Information.

Issue: Whether the four Informations for illegal recruitment could be amended and lumped into one Information for illegal recruitment in large scale.

Held: Yes. A careful scrutiny of the above Rule shows that although it uses the singular word complaint or information, it does not mean that two or more complaints or Informations cannot be amended into only one Information. Surely, such could not have been intended by this Court. Otherwise, there can be an absurd situation whereby two or more complaints or Informations could no longer be amended into one or more Informations.

           Before the accused enters his plea, a formal or substantial amendment of the complaint or information may be made without leave of court.  After the entry of a plea, only a formal amendment may be made but with leave of court and only if it does not prejudice the rights of the accused.  After arraignment, a substantial amendment is proscribed except if the same is beneficial to the accused. Following the above provisions and considering that petitioner has not yet entered her plea, the four Informations could still be amended.