Amendment of Complaint or Information

Sec. 4. Amendment of complaint or information. – If the motion to quash is based on an alleged defect of the complaint or information which can be cured by amendment, the court shall order that an amendment be made.

If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given by the court an opportunity to correct the defect by amendment. The motion shall be granted if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment.

WHAT SHOULD THE COURT DO IF THE ACCUSED MOVES TO QUASH THE COMPLAINT OR INFORMATION ON GROUNDS THAT CAN BE CURED BY AMENDMENT?

> The court should order that the amendment be made

WHAT SHOULD THE COURT DO IF THE ACCUSED MOVES TO QUASH ON THE GROUND THAT THE FACTS CHARGED DON’T CONSTITUTE AN OFFENSE?

> The court should give the prosecution the opportunity to correct the defect by amendment
> If the prosecution fails to make the amendment, or if, after it makes the amendment, the complaint or information still suffers from the same defect, the court should grant or sustain the
motion to quash

• Third-Party Complaint
• Information Defined
• WHEN IS A COMPLAINT REQUIRED?
• IF THE COMPLAINT IS NOT SWORN TO BY THE OFFENDED PARTY, IS IT VOID?
• CAN YOU FILE A COMPLAINT AGAINST A JURIDICAL PERSON?
• Complaint Defined
• WHY SHOULD THE COMPLAINT BE IN WRITING?
• WHY SHOULD THE COMPLAINT OR INFORMATION BE IN THE NAME OF THE PEOPLE OF THE PHILIPPINES?
• The Complaint Or Information
• HOW IS JURISDICTION DETERMINED?

• Third-Party Complaint
• Information Defined
• WHEN IS A COMPLAINT REQUIRED?
• IF THE COMPLAINT IS NOT SWORN TO BY THE OFFENDED PARTY, IS IT VOID?
• CAN YOU FILE A COMPLAINT AGAINST A JURIDICAL PERSON?
• Complaint Defined
• WHY SHOULD THE COMPLAINT BE IN WRITING?
• WHY SHOULD THE COMPLAINT OR INFORMATION BE IN THE NAME OF THE PEOPLE OF THE PHILIPPINES?
• The Complaint Or Information
• HOW IS JURISDICTION DETERMINED?

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