G.R. No. L-1103. July 28, 1947
HONORIO CABILING, PETITIONER, VS. FLORENTINO SAGUIN AND VICENTE VARELA, JUDGES OF THE PEOPLE’S COURT, FIFTH DIVISION, ANTIQUE, RESPONDENTS.
Decisions / Signed Resolutions July 28, 1947
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CRIMINAL PROCEDURE; INFORMATION; AMENDMENT THERETO;
TREASON.—After an information charging a person with the crime of treason has
been filed within the period of six months from the passage of Commonwealth Act
No. 682, said information may be amended, before the defendant has pleaded, by
alleging in the amended information additional overt acts committed by the
defendant in aid of the enemy within the period of time alleged in the
information provided the amendment merely specifies the charge or lays what it
termed “to adhere to the enemies, giving them aid and comfort.” (Guinto
vs. Veluz, 77 Phil., 801.)
TREASON.—After an information charging a person with the crime of treason has
been filed within the period of six months from the passage of Commonwealth Act
No. 682, said information may be amended, before the defendant has pleaded, by
alleging in the amended information additional overt acts committed by the
defendant in aid of the enemy within the period of time alleged in the
information provided the amendment merely specifies the charge or lays what it
termed “to adhere to the enemies, giving them aid and comfort.” (Guinto
vs. Veluz, 77 Phil., 801.)