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PEOPLE vs. Pio B. Ferandos

PEOPLE OF THE PHILIPPINES, petitioner, vs. JUDGE PIO B. FERANDOS, Court of First Instance of Cebu, Toledo City Branch IX and BERNARDO CALANG, respondents.

G.R. No. L-38840 | 1980-12-03

D E C I S I O N


AQUINO, J.:

This case is about the amendment of an information for murder by changing the offense to homicide. The amendment was effected after the prosecution had presented its evidence.

Because respondent Bernardo Calang pleaded not guilty to the amended information (his five co-accused changed their plea of not guilty to guilty) and because the trial judge wanted the fiscal to present again his evidence against Calang, the fiscal in his petition to this Court asked that the amendment be declared void and that the re-introduction of the prosecution's evidence be dispensed with. The factual background is as follows:

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