Rule 116- Arraignment and Plea

Question 1

What is an Arraignment?

Answer 1

Stage where the accused is formally informed of the charges against him to which he enters a plea of guilty or not guilty

Question 2

WHERE IS THE ARRAIGNMENT HELD?

Answer 2

Rule 116.1

before the court where the complaint or information was filed or assigned for trial

Question 3

DOES THE FIRST JEOPARDY ATTACH IF THEACCUSED ENTERS A PLEA BEFORE AN IMPROPER COURT?

Answer 3

No. As held inZapatos v. People, there can be no double jeopardy where the accused entered a plea in court that had no jurisdiction.

Question 4

HOW IS THE ARRAIGNMENT DONE?

Answer 4

Rule 116.1 (OJFA)
O-made in open court
J- by judge or clerk of court
F-furnishing copy of complaint or information
A-asking accused whether guilty or not guilty

Question 5

CAN THE CONDUCT OF ARRAIGNMENT BE WAIVED?

Answer 5

No. In People v. Cabale, the Supreme Court held that the conduct of an arraignment cannot be waived.

Arraignment is a fundamental part of a criminal proceeding, and essential for due process that cannot be dispensed with.

Without arraignment, any subsequent proceedings would be null and void, since the accused has not been given an official opportunity to respond to the charges.

Question 6

IS THE READING OF THE INFORMATION IN ALANGUAGE KNOWN BY THE ACCUSED MANDATORY?

Answer 6

Yes. In Ppl v. Estomaca, it was held that The requirement that the reading be made in a languageor dialect that the accused understands and knows is amandatory requirement.

It the is an integral aspect of the DUE PROCESS under the Constitution.

Question 7

IS ARRAIGNMENT BY PROXY ALLOWED?

Answer 7

No. According to Rule 116 S1-B, The accused must be PRESENT at the arraignment and must PERSONALLY ENTER his PLEA

Question 8

WHAT IF THE ARRAIGNMENT IS NOT RECORDED?

Answer 8

It SHALL NOT AFFECT VALIDITY of proceedings

Question 9

WHAT IF THE ACCUSED REFUSES TO PLEAD OR MAKES A CONDITIONAL PLEA?

Answer 9

R116, S1(c)
A plea of not guilty shall be entered

Question 10

WHAT IF THE ACCUSED PLEADS GUILTY BUT PRESENTS EXCULPATORY EVIDENCE?

Answer 10

plea shall be deemed WITHDRAWN and a plea of NOT GUILTY shall be entered for him.

Question 11

What is EXCULPATORY EVIDENCE?

Answer 11

Exculpatory evidence is any evidence that may help prove the innocence of a defendant

Question 12

What happens IF THE ACCUSED PLEADS GUILTY BUT PROVES MITIGATING CIRCUMSTANCE DURING THE TRIAL?

Answer 12

According to People v. Padernal, the trial judge should declare his plea of guilty thereby withdrawn, order that a plea of not guilty be entered and proceed to trial on the merits

Question 13

What happens if accused is under preventive detention?

Answer 13

R116 sec 1-e
- his case shall be raffled
- records transmitted to judge within 3 days
- shall be arraigned within 10 days
- Pre-trial held within 10 days from arraignment

Question 14

WHO ELSE MUST BE THE ARRAIGNMENT?

Answer 14

Private offended party

Question 15

When shall arraignment be held?

Answer 15

within thirty (30) days from the date the court acquires jurisdiction over the person of the accused.

Question 16

WHAT IS PLEA BARGAINING?

Answer 16

process whereby the accused and the prosecution workout a (MSD) MUTUALLY SATISFACTORY DISPOSITION of the case subject to court approval

Question 17

general rule on who will give consent for accused to plead guilty to a lesser offense

Answer 17

Offended party

Question 18

EXCEPTION on general rule on who will give consent for accused to plead guilty to a lesser offense

Answer 18

The court may allow the accused to enter a plea of guilty to a lesser offense in case of FAILURE of the OFFENDED PARTY to APPEAR DESPITE DUE NOTICE

Question 19

CAN THERE STILL be PLEA BARGAINING after ARRAIGNMENT ?

Answer 19

Yes. after arraignment but before trial.

Question 20

When is PLEA BARGAINING allowed AFTERTHE PROSECUTION RESTED ITS CASE?

Answer 20

As held in People V. Villarama, rules allow such a Plea only when the prosecution DOES NOT HAVE SUFFICIENT EVIDENCE to establish the guilt of the crime charged

Question 21

WHAT MUST THE COURT DO IF THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE? (S-P-A)

Answer 21

R116 S1(G)

1. conduct a SEARCH INQUIRY into the voluntariness and full comprehension of the consequences of his plea.
2. require the PROSECUTION to PROVE his GUILT and the PRECISE degree of culpability.
3. The ACCUSED may present EVIDENCE in his behalf.

Question 22

Conduct of Search Inquiry (AAPIR)

Answer 22

1. ascertain:
   a. how accused was brought into custody

b. whether he had competent counsel

c. under what conditions was he detained

2. Ask defense counsel
3. Personality Profile of Accused
4. Inform accused of length of imprisonment
5. Require Full narration of incident

Question 23

DOES CONVICTION AUTOMATICALLY FOLLOW IF THERE IS A PLEA OF GUILTY?

Answer 23

No. As held in the case of People V. Sevilleno, There is no such rule which provides that conviction should automatically follow simply because the accused pleaded guilty to the charge.

it isimperative that the trial judge carry out his duties ably and competently so as NOT to ERODE PUBLIC CONFIDENCE in the judiciary.

Question 24

WHAT HAPPENS NEXT IF THE ACCUSED PLEADS GUILTY TO A NON-CAPITAL OFFENSE?

Answer 24

the court may RECEIVE EVIDENCE from the parties to determine the penalty to be imposed. [R116, S5]

Question 25

What is an Improvident plea?

Answer 25

Occurs when a defendant enters a guilty plea without fully understanding its nature, consequences, or implications, often due to lack of proper guidance or misinformation.

Courts generally consider such pleas invalid and may allow the defendant to withdraw them.

Question 26

WHEN CAN AN IMPROVIDENT GUILTY BE WITHDRAWN?

Answer 26

Rule 116 Section 5 provides that IMPROVIDENT PLEA can be withdraws at ANY TIME BEFORE the JUDGMENT of CONVICTION BECOMES FINAL.

Question 27

Duty of the COURT before CONDUCT of ARRAIGNMENT

Answer 27

INFORM the ACCUSED of his RIGHT TO COUNSEL and ask him if he desires to have one. If not allowed by court to choose his own, the COURT MUST ASSIGNE a COUNSEL DE OFFICIO

RULE 116.6

Question 28

IS THE RIGHT OF AN ACCUSED COUNSEL DE PARTE ABSOLUTE?

Answer 28

No, THE RIGHT OF AN ACCUSED COUNSEL DE PARTE is NOT ABSOLUTE. According to People v. Serzo Jr, while his right to be represented by a counsel is IMMUTABLE, his OPTION to secure services of COUNSEL DE PARTE is not.

Question 29

What is a COUNSEL DE PARTE?

Answer 29

Counsel of Choice

Question 30

Instances when Counsel de Parte is not allowed?

Answer 30

A-N-D
1. A- accused cannot afford
2. N- chosen counsel is not member of the bar
3. D- attorney declines to represent accused for a valid reason
eg. conflict of interest

Question 31

Who may be appointed as COUNSEL DE OFFICIO?

Answer 31

R116.17

Members of the bar in Good Standing
Experienced and competent to defend the accused

If not member of the bar, any resident of the province
of Good REPUTE, PROBITY. and ABILITY to defend the accused

Question 32

WHAT MUST THE COURT GIVE TO THE COUNSEL DE OFFICIO PRIOR TO ARRAIGNMENT?

Answer 32

REASONABLE TIME to CONSULT the ACCUSED of his PLEA before arraignment

R116.8

Question 33

What does moving for BILL OF PARTICULARS mean?

Answer 33

R116.9

The motion to SPECIFY the ALLEGED DEFECTS of the Complaint or INFORMATION and the DETAILS DESIRED in able to PROPERLY PLEAD and PREPARE for a TRIAL.

Question 34

WHAT IS THE REMEDY AVAILABLE TO AN ACCUSED IF THE INFORMATION HAS AN INCOMPLETE DATE?

Answer 34

MOTION FOR BILL OF PARTICULARS

Question 35

What happened in People v. Jalbuena?

Answer 35

Accused-Appelant failed to file Motion for Bill of Particulars after they found out that the information was detective having only the month and year of the rape incident. Failure to do so amounted to a WAIVER OF THE DEFECT or detail desired in the information.

Question 36

May the court order the prosecution to produce/reproduce statements made the complainant and other witnesses?

Answer 36

Yes. Rule 116 Sec 10 provides that the court may order the prosecution to produce statements, documents, books, letters, photographs material to the case ( so long as ther are not priveleged comms) in order to PREVENT (S-S-A) SURPRISE, SUPPRESSION, or ALTERATION,

Question 37

Can an ARRAIGNMENT SUSPENDED MOTU PROPRIO?

Answer 37

No. R116.10 provides SUSPENSION of ARRAIGNMENT MUST BE UPON MOTION by the PROPER PARTY.

Question 38

When then may an ARRAIGNMENT be suspended?

Answer 38

(R116.10)
P-U-P
a. Prejudicial question exists
b. Unsound medical condition of accused
c. Pending petition for review of prosecutor (DOJ or Office of the President)

Question 39

Condition for Arraignment Suspension for resasons of Petition for review in DOJ/Office of the president

Answer 39

period of suspension shall not exceed sixty (60) days counted from the filing of the petition with thereviewing office. [R116, S10]

Question 40

What is the effect of insanity as stated in ART 12 of the RPC?

Answer 40

Can be an EXEMPTING CIRCUMSTANCE

Question 41

WHAT IS THE EFFECT OF INSANITY in Arraignment and Trial?

Answer 41

Suspension of Arraignment (R116, S11)

Suspension of Trial

Question 42

What is the effect of Insanity in Service of Sentence?

Answer 42

According to Article 79 of the RPC, Insanity may cause Suspension of Execution of Sentence

Question 43

What happened in the case of Ramiscal v. Sandiganbayan?

Answer 43

Petitioner failed to show that any of the instances constituting a valid ground for suspension of arraignment obtained in this case. Thus, the SB committed NO ERROR when it proceeded with petitioner’s arraignment, as mandated by Section 7 of RA 8493

Question 44

Does RULES OF COURT Rule 116.11 apply suppletorily to other Rules of Procedure?

Answer 44

Yes. Such as Rules of Procedure of Ombudsman and the (RIR) Revised Internal Rules of the Sandiganbayan