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Arraignment and Pretrial Conference

1. The document outlines the procedures for arraignment in a criminal case. It discusses the accused's right to be present at arraignment and enter a plea, as well as the possible outcomes if the accused pleads not guilty, guilty, or refuses to plead. 2. It also describes the mandatory pre-trial conference where issues like plea bargaining and evidence stipulations are addressed. Any agreements made during this conference must be in writing. 3. The arraignment process may be suspended under certain conditions, such as if the accused suffers from an unsound mental state or there is a prejudicial question that needs review.

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55 views1 page

Arraignment and Pretrial Conference

1. The document outlines the procedures for arraignment in a criminal case. It discusses the accused's right to be present at arraignment and enter a plea, as well as the possible outcomes if the accused pleads not guilty, guilty, or refuses to plead. 2. It also describes the mandatory pre-trial conference where issues like plea bargaining and evidence stipulations are addressed. Any agreements made during this conference must be in writing. 3. The arraignment process may be suspended under certain conditions, such as if the accused suffers from an unsound mental state or there is a prejudicial question that needs review.

Uploaded by

royax1
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© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
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Designed by Atty. Gerry T. Galacio www.famli.blogspot.

com All rights reserved 19


1. The accused must be present
when arraigned and personally
enter a plea. (If the private com-
plainant executes an affidavit of
desistance before the arraign-
ment, the public
prosecutor files
a motion to
withdraw the
information.
The court
then issues
an order ei-
ther to recall
the warrant
of arrest, or
to release the
accused if he is detained.
2. If the accused pleads not
guilty, the pre-trial conference
is conducted (or scheduled).
3. If the accused refuses to
plead, the court orders a plea
of not guilty entered for him.
may not necessarily be in-
cluded in the original charge
and may be cognizable by a
court of a lesser ju-
risdiction.
4. The accused may plead
guilty to a non-capital offense.
The court may then receive
evidence to determine the pro-
per penalty to be imposed.
5. The accused may plead
guilty to a lesser offense which
The mandatory pre-trial
conference shall consider the
following : (a) plea bargaining;
(b) stipulation of facts; (c)
marking for identification
of the evidence of the
parties; (d) waiver of
objections to the admis-
sibility of evidence; (e)
such other matters as will
promote a fair and expe-
ditious trial.
Pre-trial agreement - all
admissions made or entered
into during the pre-trial con-
ference shall be reduced to
writing and signed by the ac-
cused and counsel, otherwise
the same shall not be used in
evidence against the accused.
Pre-trial order - the court shall
then issue an order reciting the
actions, the facts sti-
pulated, and evi-
dence marked.
Such order shall
bind the parties,
limit the trial to mat-
ters not disposed of
and control the course of the
trial, unless modified to pre-
vent manifest injustice.
The arraignment may be
suspended (a) if the accused
suffers from an unsound
mental condition which
renders him unable to fully
understand the charges
against him and to plead
intelligently. In such a case,
the court shall order his
mental examination and if
necessary, his confinement;
(b) the court finds the exist-
ence of a valid prejudicial
question; (c) petition for re-
view with the DOJ.
If the accused appears without a lawyer during arraignment, the court appoints a counsel
to assist him. The information is read to the accused in a language understood by him. The
reading may also be waived. An improvident plea of guilt may later on be withdrawn If the
accused cannot post bail, he should invoke his Constitutional right to a speedy trial.
Rules 116
and 118
6. If the accused
pleads guilty to a
capital offense pu-
nishable by death,
the court must con-
duct a searching in-
quiry into the voluntariness
and full comprehension of
his plea. The prosecution
must prove his guilt and the
precise degree of culpability.

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