Arraignment and Plea

Arraignment and Plea.
Rule 116
What is Arraignment?
Formal mode of and manner of implementing the constitutional right of an accused to be
informed of the nature and cause of the accusation against him. It’s purpose is to
appraise the accused why he is being prosecuted by the state. It is an indispensable
requirement by virtue of procedural law. (Taglay V. Daray, 678 SCRA 640, 649, August
22, 2012)
Effect of Absence of Arraignment?

Nullity of Proceedings before the trial court. Note, if the accused has not been arraigned
he cannot be tried in absentia.
Duty of the court before arraignment.

It is mandatory. The court shall inform the accused of his right to counsel, ask him if he
desires one and must assign a counsel de officio to defend him unless the accused is
allowed to defend himself in person or has employed a counsel of his own choice.
If the accused informs the court that he cannot afford a lawyer, the Judge has the duty
to appoint a counsel de officio.
Options of the accused before Arraignment and Plea.

1) Bill of Particulars – to properly plead and prepare for trial. The motion shall specify
the alleged defects of the complaint or the information and shall specify the details
desired. The purpose of this is to cure the defect of the complaint and information;
the complaint has only month and year. Failure to do so amounts a waiver of the
defect in the complaint or information. (People V. Jalbuena, 526 SCRA 500, 509)
2) Suspension of Arraignment –
a) Occurs when the accused is of unsound mind, doesn’t fully understand the
charge against him and to plead intelligently to. The court shall order a medical
examination. Then, goes to a asylum or hospital. (People V. Mala, 411 SCRA
327,338).
b) Exists a prejudicial question.

c) There is a petition for review of the resolution of the prosecutor which is pending
at either the DOJ or Office of the President. The suspension shall not exceed 60
days. (Rule 116, Sec 11[c] of the Rules of Court).
3) Motion to Quash – quash a complaint under Rule 117. Note, anytime before entering
a plea.
4) Challenge the validity of the arrest or legality of the warrant issued or assail the
regularity or question the absence of a preliminary investigation of the charge (Rule
114 of the Rules of Court. Here, there’s still no jurisdiction over the person because
the defendant questions the aforesaid circumstances, it should be before
arraignment, if she failed to question it may be deemed waived.
Arraignment under an amended information; substituted

information.
1) It is mandatory to be arraigned if there’s an amended information or substituted
information. If not arraigned the conviction constitutes reversible error.
2) Amendment is only to form, there’s no need for preliminary investigation and the
retaking of the plea of the accused. In substitution of information, another preliminary
investigation is required and the accused pleaded to the new information.
(Jurisprudence)
Furthermore, A formal amendment does not touch the essence of the offense nor
deprive the accused of the opportunity to meet the new averment and prejudice the
accused; change the date of the commission of the crime does not affect the
aforesaid rules. (Jurisprudence)
How arraignment and plea are made.

When arraignment is to be made?
Before the court where the complaint or information was filed or assigned for trial.
How arraignment is made?

In open court by the judge or clerk by furnishing the accused with a copy of the
complaint or information, reading the same in the language or dialect known to him and
asking whether he pleads not guilty or guilty.
When is arraignment is to be made?
Held within 30 days from the date the court acquires jurisdiction over the person of the
accused unless a shorter period is provided under a special law or a Supreme Court
circular. Voluntary appearance.
If the accused plea not guilty, the accused is given 15 days to prepare for trial. (Speedy
Trial Act.)
In computing the period, excluded time of the pendency of a motion to quash, time for
the pendency of a bill of particulars or other justifying circumstances for the suspension
of the arraignment.
What to do if the accused doesn’t plead guilty.
He/she shall interpose a negative or affirmative defense.
Accused under preventive suspension.

Case shall be raffled and its record transmitted to the judge whom the case was raffled
within 3 days from the filing of the information or complaint. Arraigned within 10 days
from the date of the raffle and pre-trial conference within 10 days.
Is it possible for arraignment after submission of the case for decision?
The Supreme answered affirmatively. If the accused is not properly arraigned and the
case was for decision. The accused should raised an objection that he is not arraigned.
Otherwise, it is deemed waved and the procedural defect is cured. (People V.
Pangilinan).
Arraignment should be in the presence of the accused and must personally enter his
plea.
Presence of the offended party.

The private offended party or complainant should appear at the arraignment for
purposes of plea bargaining, determination of civil liability and other matters requiring
his presence.
In case the offended party fails to appear despite due notice, the court may allow the
accused to enter a plea of guilty to a lesser offense which is necessarily included in the
offense charged with the conformity of the trial prosecutor.
When a plea of not guilty shall be entered.
This occurs when the accused refused to plead, makes a conditional plea and pleads
guilty but presents exculpatory evidence in which the guilty plea shall be deemed
withdrawn and a plea of not guilty shall be entered.
Accused entering of plea cures any defect in the arrest. Note, it does not affect the
admittance of the evidence on the occasion of or incidental to the illegal arrest.
A plea is not considered conditional if it amounts to a plea of leniency, it needs to be
supported by evidence that there is a mitigating circumstance present in the case.
A plea of lesser penalty does not lessen the offense.

Arraignment and Plea

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Arraignment and Plea

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Arraignment and Plea.

Effect of Absence of Arraignment?

Duty of the court before arraignment.

Options of the accused before Arraignment and Plea.

b) Exists a prejudicial question.

Arraignment under an amended information; substituted

How arraignment and plea are made.

How arraignment is made?

Accused under preventive suspension.

Presence of the offended party.

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