Arraignment & Plea

Question 1

total absence is a fatal defect in the proceedings

if there is no arraignment, double jeopardy does not attach (double jeo means that accused was arraigned)

Question 2

arraignment v improperly arriagnly held

belated

Answer 2

belated ARG cured the defects considering accused

Question 3

in Daray’s case, there was no arraignment

belated arraignment

Answer 3

nullifies the proceeding

belated ARG cures the defect

Question 4

non-bailable offense, and filed a motion to post-bail, the court will have to conduct a haering to determine whether the evidence is guilt is strong, burden falls on the prosecution

there is no lmiitation on how much evidence you can present,

Question 5

if there is no arraignment, what can you do? in the case of pangilinan?

have a belated arraignment , especially when accused participated and intelligently defend himself

how he defend without arraginment, perhaps through counsel

Answer 5

there are instances that some accused don’t want to say in the open court won guilty / not guilty,

waiver of the reading of information may be done but the accuse must enter his plea; whether he is guilty or not guilty

Question 6

if the motion to withdraw the dismissal of the case is granted, what happens is that it is going thru arraignment.

the court must categorically rule on the incident, so if motion was submitted, it must categorically grant or deny the

Answer 6

one case, arraignment was not proper because the motion was not categorically ruled upon. (marcos v ruiz)

in that case, there were 2
1 - it was done
2 - nd information counsel said to waive the reading of the information and would enter on the record of a plea of not guilty (not done by the accused)

in the 2nd, there is no double jeopardy since there was no open court done by the accused

Question 6

conditional arraignment is not allowed.

‘what if the accuse has to travel and return to the continuation of proceedings’ there is NO such thing

what would happen if court would say ‘ conditional arg, read the accuse the information, etner accuse a plea of guilty/not guilty, even if it was denominated as a conditional arg, what happened is nevertheless an arraignment

1. info read
2. entered into a categorical plea

that is an ARG, double jeopardy now attaches

Question 7

‘i will plead guilty if im punished only 10 years’ (condition)

later the court agreed, the private offended party felt that it was too light, they do not agree, the court then was like, ‘ok, let’s review the proceedings’ and accused said ‘i already pleaded guilty’

court then said that the trial court was in error when the accused bargained for a lesser penalty during the first arraingment. that was a a conditional plea.

Answer 7

differentiate that with the case of “commendador” where the plea of guilt was unconditional, no qualification it’s just that the accused asked for mercy that he be given a lighter offense

a plea of a lesser offense is not a condition

Question 7

is the presence of the private offended necessary in the plea bargaining?

Answer 7

no, he is not necssary

Question 7

what if the prosecution has started putting evidence or the prosecution has rested

can the accused can still plead guilty?

Answer 7

yes, it might not be considered be a mitigating circumstace but the accused cna still plead guilty

Question 8

after arraignment, only formal ammendments is only allowed with leave of court

before arraginment, you can, by virtue of right, ammend substantially or formally the informatino

Answer 8

substituted information

Question 9

pleading guilty to a capital offense,

thesea rea mandatory reuiremtns

court conduct a searching inquiry
1. voluntariess and full comprehension of plea

Question 10

when you plead guilty, you put defense insofar as the circumstances are concerned and not a full defense because if so, then why did you plead guilty in the first place?

Question 10

can the court acquit the accused after the prosecution has presented evidence?

Answer 10

generally no,

exc, yes the court may acquit.

Question 10

plea of guilt on non capital,

requiring prosecution to present evidence is not mandatory, it is upon the sound discretion of the court won prosecution should present evidence.

courts should give the private offended an opportunity to establish civil liability

Answer 10

accused pleaded guilty but during presentation of evidence, there is no evidence that could make the accused guilty, court then acquitted. (pp v. mendoza)

Question 10

improvident plea of guilt before judgment, when is it granted? when isn’t

Answer 10

granted when the evidence isn’t sufficient, going back to trial is permitted

if the evidence is strong, then regardless, the improvident plea, judgment can be sustained

Question 11

case: attempted murder, then during trial, there was a misdiagnoses when in fact it was actually fatal (frustrated) and during trial victim dies.

what must be done?

Answer 11

withdraw the information
substituted it with murder charges on the ground of supervening events

here you cannot use variance doctrine because it is a lesser offense to greater offense cannot be applied

o

Question 11

supervening fact

Answer 11

must have arisen AFTER the charges were filed

so a mistake in the investigation is not a supervening fact when they should have appreciated treachery as a qualifying circumstnace.

but what if the evidence was found after filing?
pwede, as long as it was found in spite of reasonable diligence

you can no longer use a subtituted because of the lack of diligence that you would discover that it should have been a case of serious physcail infjureies. even if the existence was the evidence was not able to be found in spite of reasonable diligence

Question 11

what if it has been convcited of frustrated murder and service sentence, then the victim dies,

what to do?

Answer 11

no substition cannot be filed.

new charges have to be filed based on the supervening filed/newly discovered evdience which may have been existing before but was not dsicovered in spite of reasonable evidence

so in the first charge of he served and then victim dies as a result of the frustrated charge incident, the sentence of the second of the murder must be subtracted from teh service