Before PleaAfter Plea
Formal
Substantial		Formal

With or without leave
With leave
1. downgrades the nature of the offense charge
2. excludes any accused

Motion by the public prosecutor
Notice to the offended party		1. with leave
2. when it can be done without causing prejudice
to the rights of the accused




● Before the accused enters his plea, a formal or substantial amendment of the complaint or information may be made without leave of court. After the entry of a plea, only a formal amendment may be made but with leave of court and if it does not prejudice the rights of the accused. After arraignment, a substantial amendment is proscribed except if the same is beneficial to the accused. (Ricarze v. Court of Appeals, G.R. No. 160451, February 9,2007)

● Any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. (Sec. 13, Rule 110)