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Buhat vs CA, et al.

DANILO BUHAT, petitioner, vs. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 119601 | 1996-12-17

D E C I S I O N
 
HERMOSISIMA, JR., J.:
 
Delicate and sensitive is the issue in this case, which is, whether or not the upgrading of the crime charged from homicide to the more serious offense of murder is such a substantial amendment that it is proscribed if made after the accused had pleaded "not guilty" to the crime of homicide, displaying as alleged by the defense, inordinate prejudice to the rights of the defendant.

On March 25, 1993, an information for HOMICIDE[1] was filed in the Regional Trial Court (RTC)[2] against petitioner Danny Buhat, "John Doe" and "Richard Doe".  The information...