Rule 116- Arraignment and Plea Flashcards
What is arraignment?
A 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.
What is the effect of the absence of arraignment?
It results in the nullity of the proceedings before the trial court. Note too that if the accused has not be arraigned, he cannot be tried in absentia.
What is the duty of the court before arraignment?
- inform the accused of his right to counsel;
- ask him if he desires to have one;
- must assign a counsel de oficio to defend him, unless the accused a.) is allowed to defend himself in person ; or b.) has employed a counsel of his choice.
What are the options of the accused before arraignment and plea?
a. Bill of particulars;
b. suspension of arraignment; and
c. motion to quash
When arraignment is to be made?
Accused must be arraigned before the court where the complaint or information was filed or assigned for trial.
How arraignment is made?
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.
Effect of failure to record arraignment
Arraignment and plea shall be made of record but failure to do so shall not affect the validity of the proceedings. (Sec. 1 [b], Rule 116, Rules of Court)
Presence of the accused
Accused must be present at the arraignment and must personally enter his plea.
Purposes for the required presence of offended party at the arraignment
a. plea bargaining,;
b. determination of civil liability; and
c. other matters requiring his presence
What is the effect of failure of the offended party to appear?
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.
When plea of “not guilty” shall be entered?
a. actual plea of not guilty;
b. accused refuses to plead;
c. makes a conditional plea;
d. pleads guilty but presents exculpatory evidence in which case the guilty plea shall be deemed withdrawn and a plea of not guilty shall be entered.
What is plea bargaining?
Defined as a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
What are the requisites for a plea of guilty to a lesser offense?
- the lesser offense is necessarily included in the offense charged; and
- the plea must be with consent of both the offended party and the prosecutor. The consent of the offended party and the prosecutor will not be required is said party, despite due notice, fails to appear during arraignment.
What happen if there is no plea bargaining or plea of guilty that took place?
If the accused does not enter a plea of guilty, whether to a lesser offense or to the offense charged in the information, the court shall immediately proceed with the arraignment of the accused and the pre-trial.
