Additional allegation of conspiracy only a FORMAL amendment, not substantial

Petitioner undoubtedly is charged as a principal in the killing of Ramon George Yu whom petitioner is alleged to have stabbed while two unknown persons held the victim's arm. The addition of the phrase, "conspiring, confederating and helping one another" does not change the nature of petitioner's participation as principal in the killing. Whether under the original or the amended information, petitioner would have to defend himself as the People makes a case against him and secures for public protection the punishment of petitioner for stabbing to death, using superior strength, a fellow citizen in whose health and safety society as a whole is interested. Petitioner, thus, has no tenable basis to decry the amendment in question. [G.R. No. 119601. December 17, 1996]

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