Text of the provision
Sec. 19. When mistake has been made in charging the proper offense. — When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information.
Revised Rules of Criminal Procedure (A.M. No. 00-5-03-SC), Rule 119, Section 19. Reproduced verbatim and verified word-for-word against two independent published renderings (ChanRobles and LawPhil).
About this section
This is Section 19 of Rule 119 (Trial) of the Revised Rules of Criminal Procedure, the rules promulgated by the Supreme Court in A.M. No. 00-5-03-SC and in force since December 1, 2000. The text above is reproduced verbatim from the current rules.
Related provisions
- See the full list of sections on the Rule 119 index.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.