Substantial Amendment of the Information
IS AN ADDITIONAL ALLEGATION OF HABITUAL DELINQUENCY AND RECIDIVISM A SUBSTANTIAL AMENDMENT?
> No, these allegations only relate to the range of the imposable penalty but not the nature of the offense
IS THE AMENDMENT OF AN INFORMATION FROM FRUSTRATED MURDER TO CONSUMMATED MURDER A SUBSTANTIAL AMENDMENT?
> No, it is merely a formal amendment and the accused need not have to be re-arraigned
IS AN ADDITIONAL ALLEGATION OF CONSPIRACY A SUBSTANTIAL AMENDMENT?
> No, it is not a substantial amendment in the following example: X is charged with murder as principal. Later, the complaint is amended to include two other persons who allegedly conspired with X. Can X invoke double jeopardy on the ground that the amendment is substantial? No. The amendment is merely a formal amendment because it does not prejudice the rights of X, who was charged as a principal to begin with.
X IS CHARGED WITH MURDER AS A PRINCIPAL. LATER, THE COMPLAINT IS AMENDED TO INCLUDE TWO OTHER PERSONS WHO ALLEGEDLY CONSPIRED WITH X. VALID?
> X cannot invoke double jeopardy on the ground that the amendment is substantial
> The amendment is merely a formal amendment because it doesn’t prejudice the rights of X, who was charged as a principal to begin with
IS A CHANGE IN THE ITEMS STOLEN BY THE ACCUSED A SUBSTANTIAL AMENDMENT OR A FORMAL AMENDMENT?
> It is substantial as it affects the essence of the imputed crime and would deprive the accused of the opportunity to meet all the allegations in preparation of his defense
IS THE CHANGE IN THE NATURE OF THE OFFENSE DUE TO SUPERVENING EVENT A SUBSTANTIAL AMENDMENT?
> No, it is merely a formal amendment
> We have to distinguish if the event is supervening or not, to be able to establish if it’s a formal amendment or not