Philippine Bar review · Question

Practice question: Amendment and Substitution

Multiple Choice Hard

Practice question

The prosecution seeks a midtrial amendment adding a new essential allegation that defeats the defense prepared to the original charge. It offers judicial leave but no lawful basis for treating the change as nonprejudicial. Which is best?
  1. Leave automatically validates every substantial change
  2. Leave alone does not satisfy the post-plea rule; the amendment must be formal and nonprejudicial
  3. The accused’s preparation is never relevant
  4. All amendments are forbidden merely because trial began
  5. A new label cures the missing safeguards

Legal references

  • Rule110 Section14: https://lawphil.net/courts/rules/rc_110-127_crim.html

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