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Section 14. Amendment or substitution. — A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused.

However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. 

Section 14 applied only to original case and not to appealed case.

Gabionza v. CA, G.R. No. 140311 (2001)
When amendments to informations may be allowed:
a. it does not deprive the accused of the right to invoke prescription
b. it does not deprive the accused of the right to invoke prescription
c. it does not affect or alter the nature of the offense originally charged
d. it does not involve a change in the basic theory of the prosecution so as to require the accused to undergo any material charge or modification in his defense
e. it does not expose the accused to a charge which would call for a higher penalty
f. it does not cause surprise or deprive the accused of an opportunity to meet the new averment.

A defendant may file a counterclaim for interpleader against the plaintiff and a third party also claiming the subject matter of the suit.

LIMITATION TO THE RULE ON SUBSTITUTION:
a. No judgment has yet been rendered;
b. The accused cannot be convicted of the offense charged or of any other offense necessarily included therein;
c. The accused would not be placed in double jeopardy.

VARIANCE BETWEEN INDICTMENT AND PROOF:
1. When the offense proved is less serious than and is necessarily included in the offense charged, in which case, the defendant shall be convicted of the offense proved.
2. When the offense proves is more serious than and includes the offense charged, in which case the defendant shall be convicted of the offense charged;
3. When the offense proved is neither included in, nor does it include, the offense charged and is different therefrom, in which case the court should dismiss the action and order the filing of new information charging the proper offense. (Substitution of information applies in this case).

Amendment vs. Substitution
1. Amendment - May involve either formal or substantial changes.
 
   Substitution - involves substantial change from original charge.

2. Amendment - Amendment before the pleas has been entered can be effected without leave of court.
 
   Substitution - Substitution of information must be with leave of court as the original information has to be dismissed.

3. Amendment - Amendment is only as to form, there is no need for another preliminary investigation and the retaking of the plea of the accused.
 
   Substitution - Another preliminary investigation is entailed and the accused has to plead anew to the new information.

4. Amendment - An amended information refers to the same offense charged in the original information or to an offense which necessarily includes or is necessarily included in the original charge hence, substantial amendment to the information after the plea has been taken can not be made over the objection of the accused for if the original would be withdrawn the accused could invoke double jeopardy.

Substitution - Requires or presupposes that the new information involves a different offense which does not include or is not necessarily included in the original charge, hence the accused cannot claim double jeopardy.


Bar Exam Question (2001)

Information; Amendment (2001)

Amando was charged with frustrated homicide. Before he entered his plea and upon the advice of his counsel, he manifested his willingness to admit having committed the offense of serious physical injuries. The prosecution then filed an amended information for serious physical injuries against Amando. What steps or action should the prosecution take so that the amended
information against Amando which downgrades the nature of the offense could be validly made? Why?

Suggested Answer:

In order that the amended information which downgrades the nature of the offense could be validly made, the prosecution should file a motion to ask for leave of court with notice to the offended party. (Sec.14 of Rule 110, Revised Rules of Criminal Procedure). The new rule is for the protection of the interest of the offended party and to prevent possible abuse by the prosecution.