The Supreme Court held that amending an information to correct a typographical error in the stated amount of disbursement vouchers is a formal amendment, permissible even during trial with leave of court, provided it does not prejudice the rights of the accused. This ruling clarifies that not all changes to an information are considered substantial; corrections that align the information with existing evidence and do not introduce new facts are generally allowed. The decision emphasizes the accused’s right to be informed of the charges but balances this with the need for accuracy in legal proceedings.

Typo or Trap? Correcting Amounts in Graft Cases

In the case of People of the Philippines v. Sandiganbayan and Jaime Kison Recio, the central issue revolved around the Sandiganbayan’s denial of the prosecution’s motion to amend an Information. The original Information charged Jaime Kison Recio with violating Section 3(e) of the Anti-Graft and Corrupt Practices Act, specifically for allegedly giving unwarranted benefits to Variance Protective and Security Agency through various security service contracts without proper public bidding. The point of contention arose when the prosecution sought to correct the amount stated in the Information from ₱7,843,54.33 to ₱7,842,941.60, arguing that the original amount was a typographical error. This discrepancy led to the legal question of whether such an amendment was merely formal or substantial, and whether it would prejudice Recio’s right to be informed of the charges against him.

The Supreme Court addressed the procedural aspects of amending an Information, referencing Section 14, Rule 110 of the Revised Rules of Criminal Procedure, which 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.

This provision allows for amendments before the accused enters a plea, and formal amendments after the plea with leave of court, provided they do not prejudice the rights of the accused. The court distinguished between substantial and formal amendments, clarifying that substantial amendments involve facts constituting the offense charged and determinative of the court’s jurisdiction, while formal amendments do not alter the nature of the crime or affect the essence of the offense. The Court stated that:

[S]ubstantial amendments consist of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. On the other hand, formal amendments which can be made at any time do not alter the nature of the crime, affect the essence of the offense, surprise, or divest the accused of an opportunity to meet the new accusation. Verily, they are amendments which merely state with additional precision something which is already contained in the original Information, and which, therefore, adds nothing essential for conviction of the crime charged.

The Supreme Court determined that the proposed amendment was formal, aiming to correct a typographical error and align the Information with the evidence on record. It emphasized that the amendment did not introduce a new element or alter the prosecution’s theory of the case. The Court noted the apparent error in the original amount, stating that:

A plain reading of the amount stated, i.e., P7,843,54.33 cannot but convince the Court that the same is erroneous and mathematically inexistent, and therefore, cannot be proved. A basic rule in writing figures consisting of four (4) or more digits requires the use of commas to separate thousands; thus, to place the first comma, count three (3) spaces or digits to the left of the decimal point, and continue doing so after every three digits.

The Court further clarified that the violation of Section 3(e) of RA 3019 could be committed in two ways: causing undue injury to any party, including the government, or giving any private party any unwarranted benefit, advantage, or preference. The Court cited Ampil v. Ombudsman, stating that:

[I]t should be noted that there are two ways by which Section 3 (e) of RA 3019 may be violated – the first, by causing undue injury to any party, including the government, or the second, by giving any private party any unwarranted benefit, advantage, or preference. Although neither mode constitutes a distinct offense, an accused may be charged under either mode or both. The use of the disjunctive “or” connotes that the two modes need not be present at the same time. In other words, the presence of one would suffice for conviction.

Under the second mode, damage is not required. Therefore, the specific amount, whether the original or the amended figure, was not a necessary element for proving a violation of Section 3(e) of RA 3019. This distinction underscored the immateriality of the amount in proving the offense, further supporting the allowance of the amendment.

The Court also considered whether Recio was prejudiced by the amendment. It found that Recio was aware of the correct amount (₱7,842,941.60) from the preliminary investigation stages, as it was reflected in the complaint and disbursement vouchers. The Court determined that Recio would not be prejudiced by the amendment, as it did not introduce new facts or require a material change in his defense. The Court said that:

Clearly, Recio will not be prejudiced by the amendment sought considering that the same did not involve a completely new fact or matter previously unknown to him and thereby deprive him of an opportunity to meet the same, nor require him to undergo a material change or modification in his defense.

In its analysis, the Supreme Court effectively balanced the procedural rules governing the amendment of informations with the substantive rights of the accused. The Court emphasized that procedural rules should not be applied rigidly if they hinder the achievement of justice. This ruling underscores the principle that amendments to correct errors are permissible, provided they do not prejudice the accused’s right to a fair trial and to be informed of the charges against them. The Court highlighted that the Sandiganbayan should have considered the evidence on record, which clearly indicated the correct amount, and that denying the amendment based solely on the length of time the error remained uncorrected was an abuse of discretion.

FAQs

What was the key issue in this case?	The key issue was whether the Sandiganbayan gravely abused its discretion in denying the prosecution’s motion to amend the Information to correct a typographical error in the amount of money involved.
What is the difference between a formal and substantial amendment?	A formal amendment does not alter the nature of the crime, affect the essence of the offense, or prejudice the rights of the accused. A substantial amendment involves facts constituting the offense charged and determinative of the jurisdiction of the court.
When can an Information be amended?	An Information may be amended without leave of court anytime before the accused enters a plea. After the plea and during trial, a formal amendment may be made with leave of court if it does not prejudice the rights of the accused.
What is Section 3(e) of RA 3019?	Section 3(e) of RA 3019, the Anti-Graft and Corrupt Practices Act, prohibits public officers from causing undue injury to any party, including the government, or giving any private party any unwarranted benefit, advantage, or preference.
How can Section 3(e) of RA 3019 be violated?	Section 3(e) can be violated either by causing undue injury to any party, including the government, or by giving any private party any unwarranted benefit, advantage, or preference. The presence of one mode suffices for conviction.
Was the accused prejudiced by the amendment in this case?	No, the Supreme Court found that the accused was not prejudiced because he was aware of the correct amount from the preliminary investigation stages, as it was reflected in the complaint and disbursement vouchers.
Why did the Supreme Court grant the petition?	The Supreme Court granted the petition because it found that the amendment sought was merely a formal one to correct a typographical error, and the Sandiganbayan gravely abused its discretion in denying the motion to amend.
What did the Court say about mathematical errors in legal documents?	The Court acknowledged the obviousness of the typographical error in the stated amount, emphasizing the importance of using commas to separate thousands in numerical figures.

In conclusion, the Supreme Court’s decision underscores the importance of balancing procedural rules with the substantive rights of the accused. The ruling provides a clear framework for determining when amendments to an Information are permissible, emphasizing that corrections of errors should be allowed when they do not prejudice the accused’s right to a fair trial. This case serves as a reminder to legal practitioners to ensure accuracy in legal documents and to consider the potential impact of amendments on the rights of the accused.

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: PEOPLE OF THE PHILIPPINES VS. THE HONORABLE SANDIGANBAYAN (SEVENTH DIVISION) AND JAIME KISON RECIO, G.R. No. 240621, July 24, 2019