Practice question
An information identifies an alleged diverted payment by date, check number and amount. Reimbursement causes substitution of the bank for its customer, with the same alleged acts and evidence and no defense prejudice. Which is closest to Ricarze?
- Every substitution is forbidden after plea regardless of prejudice.
- Reimbursement automatically acquits the accused.
- The bank must be charged as accused instead.
- The substitution may be formal; its substance and effect on the defense must be examined.
- The check’s identity becomes legally irrelevant.
Legal references
- Rules of Court, Rule 110, Sections 7-15; Rule 116, Section 9; Rule 117, Sections 3(f) and 9; Rule 120, Section 3, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Ricarze v. Court of Appeals, G.R. No. 160451, February 9, 2007, main decision: https://lawphil.net/judjuris/juri2007/feb2007/gr_160451_2007.html
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