FRANCESS A.
PILONEO
JD-1A
G.R. NO. 160451. FEBRUARY 09, 2007
EDUARDO G. RICARZE, PETITIONER,
VS.
COURT OF APPEALS, PEOPLEOF THE PHILIPPINES, CALTEX
PHILIPPINES, INC., PHILIPPINE COMMERCIAL AND
INDUSTRIAL BANK (PCIBANK), RESPONDENTS.
CALLEJO, SR., J.:
FACTS:
Petitioner Eduardo G. Ricarze was employed as a collector-
messenger by City Service Corporation, a domestic corporation
engaged in messengerial services
On November 6, 1997, Caltex, through its Banking and Insurance
Department Manager Ramon Romano, filed a criminal complaint
against petitioner before the Office of the City Prosecutor of Makati
City for estafa through falsification of commercial documents
Gutierrez, however, disowned the savings account as well as his
signatures on the dorsal portions thereof. He also denied having
withdrawn any amount from said savings account. Further
investigation revealed that said savings account had actually been
opened by petitioner; the... forged checks were deposited and
endorsed by him under Gutierrez's name. A bank teller from the
Banco de Oro, Winnie P. Donable Dela Cruz, positively identified
petitioner as the person who opened the savings account using
Gutierrez's name... with intent to defraud and intent to gain, without
the... knowledge and consent of Caltex Philippines, Inc. through its
duly authorized officers/representatives, and by means of falsification
of commercial document, did then and there willfully, unlawfully and
feloniously defraud Caltex Phils., Inc.,... Pre-trial ensued and the cases
were jointly tried. The prosecution presented its witnesses, after which
the Siguion Reyna, Montecillio and Ongsiako Law Offices (SRMO) as...
private prosecutor filed a Formal Offer of Evidence.[7] Petitioner
opposed the pleading, contending that the private complainant was
represented by the ACCRA Law Offices and the Balgos and Perez Law
Office during trial, and it was only after the prosecution... had rested
its case that SRMO entered its appearance as private prosecutor
representing the PCIB. Since the ACCRA and Balgos and Perez Law
Offices had not withdrawn their appearance, SRMO had no
personality to appear as private prosecutor. Under the Informations,
the private... complainant is Caltex and not PCIB; hence, the Formal
Offer of Evidence filed by SRMO should be stricken from the records.
FRANCESS A. PILONEO
JD-1A
Petitioner further averred that unless the Informations were amended
to change the private complainant to PCIB, his right as accused would
be prejudiced. He pointed out, however, that the Informations can no
longer be amended because he had already been arraigned under the...
original Informations.[8] He insisted that the amendments of the
Informations to substitute PCIB as the offended party for Caltex would
place him in double jeopardy
PCIB, through SRMO, opposed the motion. It contended that the PCIB
had re-credited the amount to Caltex to the extent of the indemnity;
hence, the PCIB had been subrogated to the rights and interests of
Caltex as private complainant. Consequently, the PCIB is entitled to
receive... any civil indemnity which the trial court would adjudge
against the accused. Moreover, the re-credited amount was brought
out on cross-examination by Ramon Romano who testified for the
Prosecution.
ISSUE:
Whether or not the case should be dismissed due to the
substitution of Caltex by PCIB as private complainant which
prejudiced the defendant through false allegations.
RULING:
No. Section 5, Rule 110 of the Revised Rules of Rules, all criminal
actions covered by a complaint or information shall be prosecuted
under the direct supervision and control of the public prosecutor.
Thus, even if the felonies or delictual acts... of the accused result in
damage or injury to another, the civil action for the recovery of civil
liability based on the said criminal acts is impliedly instituted, and the
offended party has not waived the civil action, reserved the right to
institute it separately or instituted... the civil action prior to the
criminal action, the prosecution of the action (including the civil)
remains under the control and supervision of the public prosecutor.
The prosecution of offenses is a public function. Under Section 16,
Rule 110 of the Rules of Criminal Procedure,... the offended party may
intervene in the criminal action personally or by counsel, who will act
as private prosecutor for the protection of his interests and in the
interest of the speedy and inexpensive administration of justice. A
separate action for the purpose would... only prove to be costly,
burdensome and time-consuming for both parties and further delay
the final disposition of the case. The multiplicity of suits must be
avoided. With the implied institution of the civil action in the criminal
action, the two actions are merged into... one composite proceeding,
with the criminal action predominating the civil. The prime purpose of
the criminal action is to punish the offender in order to deter him and
others from committing the same or similar offense, to isolate him
from society, reform and rehabilitate him... or, in general, to maintain
social order.[
FRANCESS A. PILONEO
JD-1A
Section 14, Rule 110 of the Revised Rules of Criminal Procedure states:
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.
Thus, before the accused enters his plea, a formal or substantial
amendment of the complaint or information may be made without
leave of court. After the entry of a plea, only a formal amendment
may be made but with leave of court and if it does not prejudice the
rights of... the accused. After arraignment, a substantial amendment is
proscribed except if the same is beneficial to the accused.
A substantial amendment consists of the recital of facts constituting
the offense charged and determinative of the jurisdiction of the court.
All other matters are merely of form. The following have been held to
be mere formal amendments: (1) new... allegations which relate only to
the range of the penalty that the court might impose in the event of
conviction; (2) an amendment which does not charge another offense
different or distinct from that charged in the original one; (3)
additional allegations which do not alter the... prosecution's theory of
the case so as to cause surprise to the accused and affect the form of
defense he has or will assume; (4) an amendment which does not
adversely affect any substantial right of the accused; and (5) an
amendment that merely adds specifications to eliminate... vagueness
in the information and not to introduce new and material facts, and
merely states with additional precision something which is already
contained in the original information and which adds nothing
essential for conviction for the crime charged.
The test as to whether a defendant is prejudiced by the amendment is
whether a defense under the information as it originally stood would
be available after the amendment is made, and whether any evidence
defendant might have would be equally applicable to the information
in the... one form as in the other. An amendment to an information
which does not change the nature of the crime alleged therein does not
affect the essence of the offense or cause surprise or deprive the
accused of an opportunity to meet the new averment had each been
held to be... one of form and not of substance.
In the case at bar, the substitution of Caltex by PCIB as private
complaint is not a substantial amendment. The substitution did not
alter the basis of the charge in both Informations, nor did it result in
FRANCESS A. PILONEO
JD-1A
any prejudice to petitioner. The documentary evidence in the form of
the... forged checks remained the same, and all such evidence was
available to petitioner well before the trial. Thus, he cannot claim any
surprise by virtue of the substitution.
