Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
BRANCH 61
Digos City, Davao del Sur

THE PEOPLE OF Crim. Case No. 2019-20-CR

THE PHILIPPINES, (NPS-XI-05-INB-18D-00065)
Pliantiff,

-versus- FOR: FRUSTRATED MURDER

PUMA NAW,
Accused,
x- - - - - - - - - - - - - - - - - - - - - - -/

MOTION FOR LEAVE TO

AMMEND INFORMATION

The Prosecution, through the undersigned Prosecutor, by way of

Motion for Leave to Amend Information, respectfully states:

That on December 25, 2018, Prosecution filed the Information

dated December 25, 2018 charging accused PUMA NAW of Frustrated
Murder as a result of an incident that transpired on the same day,
December 25, 2018, at Dimakita St., Digos City, Davao del Sur,
Philippines and within the jurisdiction of this Honorable Court.

The aforementioned accused, armed with an icepick, with intent to

kill qualified with treachery and evident premeditation, which are hereby
alleged as qualifying circumstances to the crime of Murder, did and
there, willfully, unlawfully and feloniously attack, assault and stab Tomi
Rick hitting his abdominal area, while the victim was seated inside his
house and without any warning, thus, he was not in a position to defend
himself, a mode of attack which the accused consciously and
deliberately adopted, thereby inflicting upon him a mortal wound which
may cause his death, but the accused despite performing all acts of
execution which would produce the felony but which nevertheless, did
not produce it by reason of causes independent of the will of the
perpetrator as it might have caused his death were it not for the timely
medical intervention.

CONTRARY TO LAW.

However, the prosecution manifests with great regret an error on

the above set of facts. Instead of the injury being at the lower back
portion of the victim, the prosecution in our information, mistakenly
described the location of the injury as abdominal rather than at the
lower back portion. With this, we would like to ask the court to allow the
prosecution a slight amendment in the information re: location of the
injury.

It is our contention that the said amendment, if granted by the

court, does not substantially change the nature of the crime. As
corroborated by the witnesses, qualifying circumstances of treachery
and evident pre-meditation are still present notwithstanding the error in
the location of the injury in our original information.

The filing of this motion is not in any manner intended to delay

the proceedings and early resolution of the above- captioned case but is
solely for the reasons above-stated.

The rights of the Accused will not be injured by this fair and
reasonable Motion.

RELIEF

WHEREFORE, in the interest of justice and for the legal and

factual reasons cited hereinabove, it is respectfully prayed that, after
notice and hearing, an Order be issued granting the Prosecution to file
an Amended Information in lieu of the Original Information previously
filed.

IN VIEW WHEREOF, the prosecution humbly asks the court to

allow such amendment in the original information and proceed with the
trial accordingly.
 Digos City, Davao del Sur, Philippines, January 10, 2019.

ZUMA S. LANGIT-NAWA
Assistant Provincial Prosecutor
MCLE Compliance No. V-0008765

APPROVED:

NANA K. HIMIK-LANG
Provincial Prosecutor
MCLE Compliance No. V-0007855