RULE 116

Question 1

Define arraignment?

Answer 1

Arraignment is the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him

Question 2

purposes of arraignment

Answer 2

1. to inform the accused of the possible loss of freedom, even of his life, depending on the crime imputed to him
2. to inform the accused of the reason why the prosecuting arm of the state is mobilized against him
   3.to inform the accused of the reason for his indictment, the specific charges he is bound to face and the corresponding penalty that coulbe be possibly meted against him

Question 3

what is plea

Answer 3

FORMAL ANSWER of the defendant in common law pleading. the answer of guilty ot not guilty in an arraignment for a criminal charge

Question 4

WHEN AND HOW MADE - ARRAIGNMENT (oj-flap-r)

Answer 4

1. In Open court where the complaint or Information has been assigned for trial
2. By the JUDGE or clerk of court
3. By FURNISHING the accused with a copy of the complaint or information
4. By reading it in a Language or dialect known to the accused
5. by ASKING the accused whether he pleads guilty or not guilty
6. accused must PERSONALLY appear during arraignment and enter his plea
7. Both arraignment and plea shall be made of record but failure to enter of record shall not affect the validity

Question 5

YES OR NO

Q1: may the prosecution call at the trial, witnesses other than those named in the complaint of information?

Q2: can a counsel enter a plea for the accused?

Answer 5

A1: YES
A2: NO, THE ROC explicitly requires that the accused be present at the arrraignment and must personally enter his plea

Question 6

when arraignment and pre-trial shall be made

Answer 6

shall bet set within 10 calnedar days from date of the court’s receipt of the case of the detaine accused

and within 30 calendar days from the date the court acquires jurisdiction (either by arrest or voluntary surrender over a non-detained accused)

Question 7

Instances where arraignment is held within a shorter period

Answer 7

1. where the complainant is about depart from the PH with no definite date of return, the accused should be arraigned without delay
2. cases under Child abuse Act, the trial shall be commenced within three days from arraignment
3. cases under DDA
4. when the accused is a child in conflict with law, the arraignment shall be scheduled within 7 days from the date of the filing of the complaint or information with the family court

Question 8

ARRAIGNMENT MAD DURING TRIAL - WHEN NOT PREJUDICIAL

Answer 8

Arraignment which was made after the prosecution rested its case was considered a non-prejudicial

1. counsel of the accused failed to object lack of arraignment during trial
2. counsel of the accused had full opportunity to cross examine the witnesses

Question 9

EFFECT OF ABSENCE OR IRREGULARITY OF ARRAIGNMENT

Answer 9

1. the absence of arraignment results in the nullity of the proceedings before the trial court.
   2.generally, judgement is void if the accused has not been validly arraigned
   3.belated arraignment,

Question 10

WHEN PLEA OF NOT GUILTY SHOULD BE ENTERED

Answer 10

1. When the accused so pleaded;
2. When he refuses to plead or makes a conditional plea
   3.where in admitting the act charged, he sets up matters of defense, or with lawful justification
3. when the plea is indefinite or ambiguous

Question 11

what is a conditional plea of guilty

Answer 11

plea entered by the accused subject to the proviso that a certain penalty be imposed upon him. It is equivalent to a plea of not guilty

Question 12

plea of guilty is a judicial confession. WHAT ARE THE EXECPTIONS?

GR: it is elementary that a plea of guilty is a judicial confession of guilt - an admission of all the material facts alleged in the information, including the aggravating circumstance alleged.

Answer 12

exceptions:

1. where the plea of guilty was compelled by violence or intimidation
2. when the accused did not fully understand the meaning and consequence of his plea.
3. where the information is insufficient to sustain conviction of the offense charged
4. where the information does not charge an offense
5. where the court has no jurisdiction

Question 13

Definition of Plea Bargaining

Answer 13

is a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval

Question 14

requisites of plea bargaining

Answer 14

1. consent of the offended party
   2.consent of the prosecutor
2. plea to a lesser offense which is necessarily included in the offense charged
3. approval of the court must be obtained

Question 15

instances when the presence of the offended party shall be required to appear in the arraignment for the purpose of:

Answer 15

1. PLEA BARGAINING
2. DETERMINATION OF CIVIL LIABILITY
3. OTHER MATTERS REQUIRING HIS PRESENCE

Question 16

WHEN PLEA BARGAINING IS MADE?

Answer 16

At the arraignment proper, before the actual arraignment and pre trial.

ordinarily, plea baragaining is made during the pre-trial stage of the proceedings. but it may also be made during the trial proper and even after the prosecution has finished presenting its evidence and rested its case. EXCEPT IN DRUG CASES

Question 17

WHAT WILL THE COURT SHOULD DO WHEN THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE

Answer 17

1. Conduct a searching inquiry into the
   a. voluntariness of the plea
   b. full comprehension of the consequences of his plea
2. require the prosecution to prove his guilt and precise degree of his culpability
3. ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires

Question 18

Guidelines in the conduct of a searching inquiry

Answer 18

1. ascertain from the accused himself

Question 19

what is a plea of guilty

Answer 19

an unconditional admission of guilt, freely, voluntarily and made with full knowledge of the consequences and meaning of his act and with a clear understanding of the precise nature of the crime charged in the complaint or information

Question 20

4 FOLD DUTY OF COURT WHEN THE ACCUSED APPEARS WITHOUT COUNSEL

Answer 20

1. It must inform the defendant that it is hir right to have an attorney before being arraigned
2. after giving him such information, the court must ask him if he desires the aid of attorney;
3. if he desires and is unable to employ one, the court must assign an attorney de officio to defend
4. if the accused desires to procure an attorney of his own, the court must grant him reasonable time therefor