Practice question
The bill already supplements the information. The pretrial order does not reproduce it, but the defense asserts that this omission alone broadens the prosecution’s case and voids the trial. No actual departure from the accusation or other defect is identified. Under Enrile, which is correct?
- The omission alone is insufficient; the rules do not require incorporation of the bill in the pretrial order
- Every omitted quotation automatically broadens the charge
- A new information is required solely to reprint the bill
- The prosecution may now charge any unrelated crime
- The accused is automatically acquitted without trial
Legal references
- Rules of Court, Rule116 Sections1,3–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Enrile v Sandiganbayan, GR258841, February27,2024, MAIN opinion, bill of particulars and criminal pre-trial order: https://lawphil.net/judjuris/juri2024/feb2024/gr_258841_2024.html
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