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Corpus vs. Hon. Judge Pamular

MAYOR "JONG" AMADO CORPUS, JR. AND CARLITO SAMONTE, PETITIONERS, VS. HON. JUDGE RAMON D. PAMULAR OF BRANCH 33, GUIMBA, NUEVA ECIJA, MRS. PRISCILLA ESPINOSA,* AND NUEVA ECIJA PROVINCIAL PUBLIC PROSECUTOR FLORO FLORENDO, RESPONDENTS.

G.R. No. 186403 | 2018-09-05

DECISION
 
LEONEN, J.:
 
An allegation of conspiracy to add a new accused without changing the prosecution's theory that the accused willfully shot the victim is merely a formal amendment.[1] However, the rule provides that only formal amendments not prejudicial to the rights of the accused are allowed after plea.[2] The test of whether an accused is prejudiced by an amendment is to determine whether a defense under the original information will still be available even after the amendment is made and if any evidence that an accused might have would remain applicable even in the amended information.[3]

This Petition for...