Professional Documents
Culture Documents
Buhat V Ca
Buhat V Ca
CA
Delicate and sensitive is the issue in this case, which is, whether or not the upgrading of the
crime charged from homicide to the more serious offense of murder is such a substantial
amendment that it is proscribed if made after the accused had pleaded not guilty to the
crime of homicide, displaying as alleged by the defense, inordinate prejudice to the rights of
the defendant.
FACTS:
-
An information for homicide was filed in the RTC against Danny Buhat, John
Doe, and Richard Doe; alleging that Buhat, armed with a knife, unlawfully
attacked and killed Ramon Yu, while the said unknown assailants held his
arms, using superior strength, inflicting mortal wounds which caused his
death
Even before petitioner could be arraigned, the prosecution moved for the
deferment of the arraignment on the ground that the private complainant in
the case, one Betty Yu, moved for the reconsideration of the resolution of the
City Prosecutor which ordered the filing of the aforementioned information for
homicide.
On March 10, 1994, the Assistant City Prosecutor filed a motion for leave to
amend information. The amendment as proposed was opposed by the
petitioner. (homicide murder; additional defendants were impleaded)
In an order, dated June 2, 1994, the RTC denied the motion for leave to
amend information. The denial was premised on (1) an invocation of the trial
courts discretion in disregarding the opinion of the Secretary of Justice as
allegedly held in Crespo vs. Mogul and (2) a conclusion reached by the trial
court that the resolution of the inquest prosecutor is more persuasive than
that of the Secretary of Justice, the former having actually conducted the
preliminary investigation where he was able to observe the demeanor of
those he investigated
-
SOLGEN appealed to the CA, contending that the proposed amendment was
not prejudicial granted
SUPREME COURT:
-
- THE REAL NATURE OF THE CRIMINAL CHARGE IS DETERMINED NOT FROM THE
CAPTION OR PREAMBLE OF THE INFORMATION NOR FROM THE SPECIFICATION