Rule 116 discusses the procedures for arraignment and pleas in criminal cases. [1] Arraignment involves formally informing the accused of the charges and getting their plea of guilty or not guilty. [2] As a general rule, arraignment must be held within 30 days of acquiring jurisdiction over the accused, unless an exception applies like if the accused is detained. [3] The rules also cover valid arraignment procedures, entering pleas, the right to counsel, and grounds for suspending arraignment.
Rule 116 discusses the procedures for arraignment and pleas in criminal cases. [1] Arraignment involves formally informing the accused of the charges and getting their plea of guilty or not guilty. [2] As a general rule, arraignment must be held within 30 days of acquiring jurisdiction over the accused, unless an exception applies like if the accused is detained. [3] The rules also cover valid arraignment procedures, entering pleas, the right to counsel, and grounds for suspending arraignment.
Rule 116 discusses the procedures for arraignment and pleas in criminal cases. [1] Arraignment involves formally informing the accused of the charges and getting their plea of guilty or not guilty. [2] As a general rule, arraignment must be held within 30 days of acquiring jurisdiction over the accused, unless an exception applies like if the accused is detained. [3] The rules also cover valid arraignment procedures, entering pleas, the right to counsel, and grounds for suspending arraignment.
implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him. Plea
• Formal answer of the defendant
• The answer of “guilty” or “not guilty” in an arraignment for a criminal charge When arraignment is made
General Rule When accused is not under preventive detention, arraignment shall be held within 30 days from date the court acquires jurisdiction over the person of the accused. Exceptions
When arraignment is held within a shorter
period
• When accused is under preventive detention
• Complainant is about to depart from the Philippines with no definite date of return • Cases under R.A. 7610 (Child Abuse Act) • Cases under the Dangerous Drugs Act • When accused is a juvenile in conflict with the law Rules on arraignment
Generally, judgment is void if accused has not been validly
arraigned
If accused went to trial without being arraigned, subsequent
arraignment will cure the error PROVIDED that the accused was able to present evidence and cross-examine the witnesses of the prosecution during trial.
Accused is presumed to have been validly arraigned in the
absence of proof to the contrary Rules on arraignment
Accused must personally appear during arraignment and
enter his plea
Trial in absentia may be conducted only after valid
arraignment
No double jeopardy if accused was not arraigned.
When a plea of not guilty should be entered
• When the accused so pleaded
• When he refuses to plead • Where in admitting the act charged, he sets up matters of defense • When the plea is indefinite or ambiguous • When he enters a conditional plea Plea of Guilty
An admission of all the material facts alleged in the
Information, including the aggravating circumstances alleged.
Mitigating if it is made before prosecution starts to
present evidence PLEA BARGAINING
process whereby the accused and the prosecution work out
a mutually satisfactory disposition of the case subject to court approval. It usually involves the accused’s pleading to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentences than that for the graver charge. Plea of guilty to a capital offense
• Conduct a searching inquiry into the
- Voluntariness of the plea - Full comprehension of the consequences of his plea
• Require prosecution to prove his guilt and the precise
degree of his culpability
• Ask the accused if he desires to present evidence in his
behalf and allow him to do so if he desires. Plea of Guilty to Plea of Guilty to Non- Capital Offense capital Offense Reception of Evidence Mandatory Discretionary Consequence if the Facts do not Charge an Offense No conviction therein can be had notwithstanding the defendant’s plea of guilty Improvident Plea of Guilty It is a plea of guilt made by the accused without full comprehension of the nature and the consequences thereof.
The withdrawal of a plea of guilty is not a matter of right
to the accused but of sound discretion to the trial court.
EFFECT: setting aside of the judgment of conviction and the re-
opening if the case for new trial. Duties of the court when the accused appears before it without counsel:
Inform the defendant of his right to have a lawyer before
being arraigned;
After giving the information, ask defendant if he desires the
aid of a lawyer;
If he desires and is unable to employ one, the court must
assign a lawyer de officio to defend him;
If accused desires to procure a lawyer of his won, the court
must grant him reasonable time therefor. Counsel de officio
He is a counsel appointed by the court to represent and
defend the accused in case he cannot afford to employ one himself. His duty is nonetheless to make sure that his client gets what he lawfully deserves whether acquittal or conviction.
He must be given “reasonable time” to prepare for the
arraignment of the accused. Bill of Particulars
In order for the accused to be fully apprised of the true
charges against them, and thus avoid any and all possible surprise, which might be detrimental to their rights and interests.
The failure to ask for a bill of particulars amounts to a
waiver of such right. Mode of Discovery
Right of the accused to move for the production of
material evidence in the possession of the prosecution. It authorizes the defense to inspect, copy or photograph any evidence of the prosecution in its possession after obtaining permission of the court. Grounds for Suspension of Arraignment:
Upon motion by the proper party, the arraignment
shall be suspended in the following cases:
The accused appears to be suffering from an unsound mental condition
which effectively renders him unable to fully understand the charge against him and to plead intelligently; Existence of a valid prejudicial question A Petition for Review of the resolution of the prosecutor is pending at the DOJ or OP; There are pending incidents: Motion to Quash, for Inhibition, and for Bill of Particulars