People v.

Casey
G.R. No. L-30146 | February 24, 1981 | Guerrero, J.
Petitioner: People of the Philippines
Respondent: Joseph Casey alias "Burl" and Ricardo Felix alias "CARDING
TUWAD"
Rules of Court Rule 110 Section 14

DOCTRINE
o An Amended Information to include a co-accused even after a
plea of guilty is valid because it is merely a formal amendment.
FACTS
o Mar 31 1968 Joseph Casey alias Buri armed with Knife and
Ricardo Felix alias Carding Tuwad armed with firearm shot
and stabbed Alfredo Valdez with firearm and knife
o Alfredo Valdez was inflicted with Fatal Wounds directly
causing Death
o May 22 1968 Information for Murder against Casey filed with
Felix Still at Large
o Jun 24 1968 Casey pleaded Not Guilty to crime charged in
complaint upon Arraignment
o Sept 1968 Felix was arrested and Amended Information was
filed to include Felix as accused
o Oct 15, 1968 Felix pleaded Not Guilty to crime charged in
complaint upon Arraignment
o Mercedes Palomo who is Resident of Mahinhin St. San Juan,
Rizal testified that
- Heard gunshot from nearby Pool room at 3pm she
while at aunt house
- Looked towards Pool room and saw 3 men coming out,
1 being pursued by the 2 others
- Recognized man being pursued as Alfredo Valdez
alias G.I.
- Not know 2 others but described as short with curly
black hair, black complexion while other fair
complexion and was able to point Casey and Felix
when asked to identify them
- Saw Casey stab Valdez several times while Felix stood
nearby holding gun and fired once
o Policeman Rivera also testified on investigation conducted
before Judge Gorgonio involving Casey

Submitted 2page Sworn Statement where Casey

narrated
o Patrolman/Policeman Carritero also testified he was a
o Awakened by noise that somebody was stabbed and
shot and saw Valdez when he went out
o Physician Mariano Cueva also testified on the Necropsy
Report
Casey Version:
o Casey went to Felix house but did not find him so proceeded
to Pool Room a few meters away
o Casey played pool and while playing accidentally bumped
Valdez with pool cue (tako)
o Casey apologized but saw Valdez with 6 or 7 men holding
pieces of wood when about to leave
o While passing by Valdez brought out a Balisong and lunged on
him and was able to get the knife
o He used knife to hit him 2-3 times and claims other
companions hit him with wood
Felix Version:
o Felix not see Casey on that day and knew Valdez
o Felix claims saw Valdez alive in a store before left Manila and
learned he was dead upon returning
o Joseph Casey alias Buri and Ricardo Felix alias Carding
Tuwad guilty of Murder of Alfredo Valdez
o Imposed Death Penalty + P12k damages to heirs of Valdez
ISSUE
o W/N Court erred in Illegally trying Casey on Amended
Information without Arraignment and in finding him guilty after
such Illegal Trial NO

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RULING & RATIO

o Lack of Arraignment under Amended Information is objected to
by Casey on ground there is Violation of Constitutional Right to
be Informed of Charge against him
o Rule - There is only violation when Amendment pertains to
matters of substance
o In present case Alterations introduced in Information refer to
Inclusion of Felix to charge of Murder
o Not change nature of crime against accused Casey
o Conspiracy, evident premeditation, treachery and taking
advantage of superior strength are similarly alleged in both
Informations
o No Extenuating Circumstances is alleged in both
o Hence Amendment is one of form and not of substance and
not prejudicial to his rights
o Test to determine whether defendant Prejudiced by
Amendment:
- Whether defense under information as it originally
stood would be available after amendment
- Whether evidence of defendant would be equally
applicable to the Information in one form as in other
o Jurisprudence (US v. DELA CRUZ, US v. ALABAOT,
CASTRO v. OZAETA, etc)
- When Amendment to Information introduced after
accused has pleaded Not Guilty
(a) does not change nature of crime alleged,
(b) does not expose accused to charge that
would call for higher penalty,
(c) does not affect essence of offense or cause
surprise or deprive accused of opportunity to
meet new averment had each been held to be
one of form and not substance
- Then Not Prejudicial to accused and not prohibited by
Sec 14 of RCP

DISPOSITION
WHEREFORE, the judgment of the trial court under automatic review
is MODIFIED in that the accused-appellants Joseph Casey and
Ricardo Felix are found guilty beyond reasonable doubt of the crime
of homicide without any attending circumstances and should be
sentenced to reclusion temporal in its medium period. But applying
the Indeterminate Sentence Law, each of the accused is sentenced to
an indeterminate penalty of ten (10) years ofprision mayor, as
minimum, to seventeen (17) years and four (4) months of reclusion
temporal, as maximum. The accused are likewise sentenced to
indemnify the heirs of the deceased Alfredo Valdez in the amount of
TWELVE THOUSAND PESOS (P12,000.00) jointly and severally, and
to pay the costs.

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