In the case of Jose Antonio C. Leviste v. Hon. Elmo M. Alameda, et al., the Supreme Court clarified the remedies available to both the accused and the private complainant in criminal cases subject to inquest proceedings, particularly regarding reinvestigation and amendment of the information. The Court ruled that while an accused person can request a preliminary investigation after being arrested without a warrant, the private complainant can also move for reinvestigation with the conformity of the public prosecutor, subject to the court’s discretion. This decision underscores the importance of balancing the rights of all parties involved in criminal proceedings while ensuring that justice is served effectively.

From Homicide to Murder: Examining the Scope of Reinvestigation and Information Amendment

The case stemmed from the death of Rafael de las Alas, which led to the initial filing of a homicide charge against Jose Antonio C. Leviste. Subsequently, upon motion by the private complainants and with the public prosecutor’s conformity, the trial court allowed a reinvestigation, resulting in the amendment of the information to murder. Leviste contested this, arguing that the private respondents had no right to cause a reinvestigation and that the amended information was based on speculation rather than substantial new evidence. This legal battle raised critical questions about the extent of prosecutorial discretion, the rights of private complainants, and the process for amending criminal informations.

The Supreme Court addressed the issue of waiver, emphasizing that the accused’s active participation in the trial does not automatically waive their objections raised prior to arraignment. According to Section 26, Rule 114 of the Rules of Court:

SEC. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case.

The Court clarified that there must be clear and convincing proof that the petitioner had an actual intention to relinquish his right to question the existence of probable cause. In this case, Leviste consistently raised his objections, negating any inference of a valid waiver. The OSG’s allegation of active participation was insufficient to prove unconditional participation with the intent to abandon his petition. The Court, therefore, proceeded to resolve the legal issues to provide guidance on remedies available both before and after the filing of an information in inquest cases.

The Court affirmed the right of the private complainant to move for reinvestigation, emphasizing that criminal actions are prosecuted under the direction and control of the public prosecutor, as stated in Rules of Court, Rule 110, Sec. 5. While the private complainant is merely a witness, they can, with the conformity of the public prosecutor, file a motion for reinvestigation. This is crucial because it allows for corrections or revisions to ensure the information is sufficient in form and substance.

However, once an information is filed in court, any remedial measure must be addressed to the sound discretion of the court. The Supreme Court reiterated that:

The rule is now well settled that once a complaint or information is filed in court, any disposition of the case, whether as to its dismissal or the conviction or the acquittal of the accused, rests in the sound discretion of the court. Although the prosecutor retains the direction and control of the prosecution of criminal cases even when the case is already in court, he cannot impose his opinion upon the tribunal. For while it is true that the prosecutor has the quasi-judicial discretion to determine whether or not a criminal case should be filed in court, once the case had already been brought therein any disposition the prosecutor may deem proper thereafter should be addressed to the court for its consideration and approval. The only qualification is that the action of the court must not impair the substantial rights of the accused or the right of the People to due process of law.

The Court further clarified the rules on the amendment of an information. Section 14, Rule 110 of the Rules of Court states:

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.

The amendment of the information from homicide to murder was considered a substantial amendment, entitling the accused to another preliminary investigation. A substantial amendment consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. Since the amended information included circumstances of treachery, evident premeditation, and cruelty, it was deemed a new and material element, warranting a new preliminary investigation.

In summary, the Court balanced the procedural rights available to both accused and private complainants during the course of inquest proceedings. A trial court maintains discretion in managing criminal procedure, particularly in reinvestigations. These restatements serve to clarify the power of amendment to an information, and maintain focus on both the rights of the accused to preliminary investigation and the mandate of the prosecution.

FAQs

What was the key issue in this case?	The key issue was whether the private complainant had the right to move for a reinvestigation of the criminal case after the information had already been filed in court.
Can an information be amended after it has been filed?	Yes, an information can be amended. Before the accused enters a plea, a formal or substantial amendment can be made without leave of court. After the entry of a plea, only a formal amendment may be made with leave of court and only if it does not prejudice the rights of the accused.
What is a substantial amendment to an information?	A substantial amendment consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. For instance, adding circumstances of treachery, evident premeditation, and cruelty, which qualify the offense charged from homicide to murder, is a substantial amendment.
Is a new preliminary investigation required after a substantial amendment?	Yes, due process requires that no substantial amendment of an information may be admitted without conducting another or a new preliminary investigation, unless the amended information contains a charge related to or is included in the original Information.
What is the role of the public prosecutor in a reinvestigation?	All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the public prosecutor. The private complainant can move for reinvestigation with the conformity of the public prosecutor.
What is the difference between executive and judicial determination of probable cause?	Executive determination is made during preliminary investigation by the public prosecutor, while judicial determination is made by the judge to ascertain whether a warrant of arrest should be issued against the accused.
Can the accused insist on a hearing for judicial determination of probable cause?	No, the accused cannot, as a matter of right, insist on a hearing for judicial determination of probable cause. The extent of the judge’s examination depends on the exercise of their sound discretion.
Does active participation in the trial waive the accused’s right to challenge irregularities?	No, active participation in the trial does not automatically waive the accused’s right to challenge irregularities if they have raised objections prior to entering their plea. There must be clear and convincing proof that the accused intended to relinquish their right.

The Leviste case offers a comprehensive view of criminal procedure, especially concerning the rights of the accused and private complainants in the context of reinvestigations and information amendments. It underscores the judiciary’s role in balancing these rights to ensure justice is served. This ruling serves as a guiding principle for legal practitioners and courts in navigating the complexities of criminal proceedings.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Jose Antonio C. Leviste v. Hon. Elmo M. Alameda, et al., G.R. No. 182677, August 03, 2010