ARRAIGNMENT AND PLEA

ARRAIGNMENT AND PLEA

ARRAIGNMENT – The first step in a criminal proceeding where the

defendant is brought in front of the court to hear the charges against
them and enter a plea.
- The purpose of arraignment is to inform the defendant of the
criminal charges against him or her.

PLEA – When a person is charged with a crime, they must answer to

that charge in court during the arraignment.
- In legal terms, a plea is simply an answer to a claim made by
someone in a criminal case under common law using the adversarial
system.
How Arraignment and plea made?

(a) The accused must be arraigned before the court where the
complaint or information was filed or assigned for trial. The
arraignment shall be 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 him whether he pleads guilty or not guilty. The prosecution
may call at the trial witnesses other than those named in the
complaint or information.
(b) The accused must be present at the arraignment and must personally enter his
plea. Both arraignment and plea shall be made of record, but failure to do so
shall not affect the validity of the proceeding.

(c) When the accused refuses to plead or make a conditional plea, a plea of not
guilty shall be entered for him.

(d) When the accused pleads guilty but presents exculpatory evidence, his plea
shall be deemed withdrawn and a plea of not guilty shall be entered for him.

(e) When the accused is under preventive detention , his case shall be raffled and
its records transmitted to the judge to whom the case was raffled within three (3)
days from the filing of the information or complaint. The accused shall be
arraigned with ten (10) days from the date of the raffle. The pre-trial arraignment
of his case shall be held within ten (10) days after arraignemnt.
(f) The private offended party shall be required to appear at the arraignment for
purposes of plea bargaining, determination of civil liability, and other matters
requiring his presence. In case of failure of the offended party 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 alone.

(g) Unless a shorter period is provided by special law or Supreme Court circular, the
arraignment shall be held within thirty (30) days from the date of court acquires
jurisdiction over the person of the accused. The time of the pendency of a motion
to quash or for a bill or particulars or other causes justifying suspension of the
arraignment shall be excluded in computing the period. (Section 1, Rule 116)
Plea of guilty to a lesser offense

• At arraignment, the accused, with the consent of the offended

party and prosecutor, may be allowed by the trial court to plead
guilty to a lesser offense which is necessarily included in the
offense charged. After arraignment but before trial, the accused
may still be allowed to plead guilty to said lesser offense after
withdrawing his plea of not guilty. No amendment of the complaint
or information is necessary. (Section 2, Rule 116)
Plea of guilty to capital offense

• When the accused pleads guilty to a capital offense, the court

shall conduct a searching inquiry into the voluntariness and full
comprehension of the consequences of his plea and shall require
the prosecution to prove his guilt and the precise degree of
culpability. The accused may present evidence in his behalf.
(Section 3, Rule 116)
Plea of guilty to non-capital offense

When the accused pleads guilty to a non-capital offense, the court may
receive evidence from the parties to determine the penalty to be imposed.
(Section 4, Rule 116)

NOTE:
• The concept of a capital offense remains. What has been affected by
the new law is the penalty not the concept. Said law (RA 9346),
prohibits the imposition of the death penalty. In lieu of the death penalty
in capital offense, the penalty of reclusion perpetua shall be imposed
when the law violated makes use of the nomenclature of the penalties of
the RPC. If not, the life imprisonment shall be imposed.
Withdrawal of improvident plea of guilty

At any time before the judgement of conviction becomes final, the

court may permit an improvident plea of guilty to be withdrawn and
be substituted by a plea of not guilt.(Section 5, Rule 116)

Note:
if the accused files application of probation, the judgement becomes
final because the filing of the application under Probation Law is a
waiver of the right to appeal. Hence, subsequent withdrawal of an
alleged improvident plea of guilty is no longer allowed.( Palo
vs.Militante, 184 SCRA 395)
Duty of court to inform accused of his guilty
to counsel

Before arraignment, the court shall inform the accused of his right
to counsel and ask him if he desires to have one. Unless the accused
is allowed to defend himself in person or has employed counsel of
his choice, the court must assign a counsel de officio to defend him.
(Section 6, Rule 116)
Can arraignment be suspended? YES
Upon motion by the proper party, the arraignment shall be suspended in the following
cases:
(a) The accused appears to be suffering from unsound mental condition.

(b) There exist prejudicial question; and

DEFINITION OF TERMS:
• PREJUDICIAL QUESTION – that which must precede the criminal action that which requires a
decision before a final judgement is rendered in the principal action with which said question is
closely connected
• CIVIL CASE – usually involve private disputes between persons or organizations.
• CRIMINAL CASE – a lawsuit brought by the state against a person who has broken a criminal law.
NOTES:
1. The rule is clear as to when a prejudicial questions exists. In determining
whether or not a prejudicial question exists, one must first ask which case was
file first, the civil or the criminal case. If the criminal case was filed first and
the civil case subsequently filed, no prejudicial question exist. This is because
the rule speaks of previously instituted civil action.
2. Prejudicial question contemplates civil and criminal case. There must be a civil
case first followed by a criminal action with intimately related issues and the
resolution of such issue determines whether or not the criminal action may
proceed. (Section 7, Rule 111)

(c) A petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President.(Section 11, Rule 116)
NOTE:
• For the paragraph c, the period of suspension shall nit exceed sixty (60) days
counted from the filing og the petition with the reviewing office. (Section 11,
Rule 116)
MOTION TO QUASH

At any time before entering his plea, the accused may move to quash the complaint
or information.
• Quash means “to say officially that something, especially an earlier official
decision, is no longer to be accepted.”

GROUNDS:
The accused may move to quash the complaint or information on any of the
following grounds:
(a) That the facts charged do not constitute offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the
accused;
(d) The officer who filed the information has no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) The more than one offense is charged except when a single punishment for
various offenses is prescribed by law;

(g) The more criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal excuse or
justification; and

(i) That the accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated without his
express consent. (Section3, Rule 117)
Effect of the Failure to move quash or to
allege any ground
• The failure of the accused to assert any ground of a motion to quash before he pleads
to the complaint or information, either because he did not file a motion to quash or
failed to allege the same in said motion, shall be deemed a waiver of any objection
except those based on the grounds provided for in paragraph (a), (b), (g), and (i).

NOTES:
• A motion to quash in the criminal procedure equivalent of a motion to dismiss in the
civil case
• It cannot be orally made
• The motion to quash is to be filed before the accused enters his plea.
• If no motion to quash is filed before the accused pleads, there arises an implied
waiver of all objection except the following objections:
a. the facts charged do not constitute offense
b. no jurisdiction over the offense charged.
c. criminal action or liability extinguished; and
d. double jeopardy.

EFFECT OF SUSTAINING THE MOTION TO QUASH

If the motion to quash is sustained, the court may order that another
complaint or information be filed except as provided under Section 6 of the Rules of
the Court.

If the order is made, the accused, if in custody, shall not be discharged

unless admitted to bail. If no order is made or if having been made, no new
information is filed within the specified in the order or within such further time as
the court may allow for good cause, the accused, if in custody, shall be discharged
unless he also in custody for another offense. (Section 5, Rule 117)
Effect of an order sustaining the motion to
quash
An order sustain the motion to quash is not a bar to another prosecution for the
same offense unless the motion was based on the grounds specified in the Section 3
paragraph (g) and (i) of the Rules of Court. (Section 6, Rule 117)

APPLICATION OF THE PRINCIPLE OF DOUBLE JEOPARD

When the accused has been convicted or acquitted, or the case against him
dismissed or otherwise terminated without his express consent y a court of competent
jurisdiction, upon a valid complaint or information or other formal charge sufficient in
form and substance to sustain a conviction or acquittal of the accused or dismissal of
the case shall be a bar to another prosecution for the offense charged, or is necessarily
included in the offense charged in the former complaint or information. (Section 7,
Rule 117)
Exception to the application of double
jeopardy
The conviction of the accused shall not be a bar to another prosecution for an offense
which necessarily includes offense charged in the former complaint or information under any
of the following instances:
a. the graver offense develop due supervening facts arising from the same act or
omission constituting the former charge;
b. the facts constituting the graver charge became known or were discovered only
after a plea was entered in the former complaint or information;
c. the plea of guilty to the lesser offense was made without the consent of the
prosecutor and the offended party except as provided in section1 paragraph (f) of Rule 116,
of the Rules of Court.
NOTE:
• In any of the above enumerated cases, where the accused satisfies or serves in whole or in
part the judgement, he shall be credited with the same event of conviction for the graver
PRE-TRIAL

PRE-TRIAL; MANDATORY IN CRIMINAL CASES

In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court
shall, after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the
person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme
Court, order a pre-trial conference.
PURPOSES OF PRE-TRIAL:
a. Plea bargaining;
b. Stipulation of facts;
c. Marking of identification of evidence of the parties;
d. Waiver of objections to admissibility of evidence;
e. Modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
f. Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
Agreement and admission in Pre-trial

All agreements or admissions made or entered during the pre-trial conference

shall be reduced in writing and signed by the accused and counsel, otherwise, they
cannot be used against the accused.
NOTE:
- The agreements covering the matters of pre-trial under section 1 of the rule 118,
shall be approved by the court. (Section 2, Rule 118)

NON-APPEARANCE AT PRE-TRIAL CONFERENCE

if the counsel for the accused or the prosecutor does not appear at the pre-trial
conference and does not offer acceptable excuse for his lack of cooperation, the court
may impose proper sanctions or penalties. (Section 3, Rule 118)
Pre-trial order

• After the pre-trial conference, the court shall issue an order reciting the actions
taken, the facts stipulated, and evidence marked. Such order shall bind the parties,
limit the trial to matters not disposed of and control the counsel f the action during
trial, unless modified by the court to prevent manifest injustice. (Section4, Rule 118)

THE SIGNIFICANCE OF THE PRE-TRIAL ORDER:

1. Bind the parties and shall limit the trial to matters not disposed of; and
2. Control the course of the proceedings during the trial, unless modified by the court
to prevent manifest injustices.
TRIAL
After a plea of not guilty is entered, the accused shall have at least fifteen (15)
days to prepare for trial. The trial shall commence within thirty (30) days from receipt
of the pre-trial order.

CONTINOUS TRIAL UNTIL TERMINATED

Trial once commenced shall continue from day to day as afar as practicable until
terminated. It may be postponed for a reasonable period of time for good cause.
The court shall, after consultation with the prosecutor and defense counsel, set
the case for continuous trail on a weekly or other short-term trial calendar at the
earliest possible time so as to ensure speedy trial. In no case shall the entire trial
period exceed one hundred eight (180) days from the first day of trial, except as
otherwise authorizes by the Supreme Court. (Section 2, Rule 119)
NOTE:
• The time limitations provided under Section 1 and 2 of Rule 119 shall not be applied where special
laws or circulars of the Supreme Court provide for a shorter period of trial.

PERIODS OF DELAYS WHICH ARE EXCLUDED IN COMPUTING THE TIME

WITHIN WHICH TRIAL MUST COMMENCE
a. Any period of delay resulting from other proceeding concerning the accused, including but not
limited to the following:
i. Delay resulting from an examination of the physical and mental condition of the accused;
ii. Delay resulting from proceedings with respect to other criminal charges against the
accused;
iii. Delay resulting from extraordinary remedies against interlocutory orders;
iv. Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty
(30) days;
v. Delay resulting from orders of inhibition, or proceeding resulting to change of venue of
cases or transfer from other courts;
vi. Delay resulting from a finding of existence of a prejudicial question; and
vii. Delay reasonably attributable to any period, not to exceed thirty (30) days, during which
any proceeding concerning the accused is actually under advertisement.
b. Any period of delay resulting from the absence or unavailability of an essential witness.

For purposes of this subparagraph, an essential witness shall be considered absent when his
whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his
whereabouts are known but his presence for trial cannot be obtained by due diligence.

c. Any period of delay resulting from the mental incompetence or physical inability of the accused to
stand trial.

d. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed
against the accused for the same offense, any period of delay from the date the charge was dismissed
to the date the time limitation would commence to run as to the subsequent charge had there been no
previous charge.

e. A reasonable period of delay when the accused is no joined for trial a with a co-accused over whom
the court has not run and no motion for separate trial has been granted.

f. Any period of delay resulting from a continuance granted by any court motupropio, or on motion of
either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis
of its findings set forth in the order that the ends of justice served by taking such actions outweigh the
best interest if the public and the accused in speedy trial. (Section 3, Rule 119)