People vs. Gerardo Rivera Summary

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. GERARDO RIVERA and the HONORABLE JUDGE LORENZO RELOVA, in his capacity as presiding judge of the Court of First Instance of Batangas, First Branch, respondents.

G.R. No. L-27825 | 1970-06-30

Amendment of Information; Change in the date of the commission of the crime, where the disparity is not great, is merely a formal amendment, thus, no new arraignment is required
Date of commission of crime; a variance between the allegations of the information and the evidence of the prosecution with respect to the time when the crime was committed would not result in an acquittal of the accused

D E C I S I O N

TEEHANKEE, J:

Original action for a writ of certiorari and mandamus, against respondent Court's order denying the prosecution's petition to amend the original information for grave threats against respondent-accused so as to allege the true and actual date of commission of the offense on March 2, 1964, rather than March 2, 1965 as inadvertently alleged in the original information.

On June 20, 1966 the original information was filed with respondent court against respondent Rivera as accused, charging him for grave threats, alleged by the prosecution to have been committed as...