Week 10 - Arraignment, Plea and Pre-Trial Flashcards
Rule 116. Sec. 1(a). Arraignment and plea; how made. – The accused must be arraigned before the court […]. The arraignment shall be made in […] by furnishing the accused with […], reading the same in […], and asking him […]. The prosecution may call at the trial […].
Rule 116. Sec. 1(a). Arraignment and plea; how made. – 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.
Rule 116. Sec. 1(b). Arraignment and plea; how made. – The accused must be […] and must personally […]. Both arraignment and plea shall […].
Rule 116. Sec. 1(b). Arraignment and plea; how made. – 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 proceedings.
Rule 116. Sec. 1(e). Arraignment and plea; how made. – When the accused is under preventive detention, his case shall […] within […] days from the filing of the information or complaint. The accused shall be […] from the date of the raffle. The pre-trial conference of his case shall be held within […].
Rule 116. Sec. 1(e). Arraignment and plea; how made. – 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 within ten (10) days from the date of the raffle. The pre-trial conference of his case shall be held within ten (10) days after arraignment.
Rule 116. Sec. 1(f). Arraignment and plea; how made.– The private offended party shall be required to […], determination of […], and […]. In case of failure of the offended party to appear despite due notice, the court may […] which is necessarily included in […].
Rule 116. Sec. 1(f). Arraignment and plea; how made.– 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.
Rule 116. Sec. 1(g). Arraignment and plea; how made.– Unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held […]. The time of the […] or for a […] or other causes justifying suspension of the arraignment shall be excluded in computing the period.
Rule 116. Sec. 1(g). Arraignment and plea; how made.– 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 the court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period.
Rule 116. Sec. 6. Duty of court to inform accused of his right to counsel.– Before arraignment, the court shall inform the accused of […]. Unless the accused is allowed to defend himself in person or has employed counsel of his choice, the court must assign a […].
Rule 116. Sec. 6. Duty of court to inform accused of his right 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 oficio to defend him.
Rule 116. Sec. 7. Appointment of counsel de oficio.– The court, considering the […] that may arise, shall appoint as counsel de oficio such members of the bar in […] who, by reason of their […], can competently […]. But in localities where such members of the bar are not available, the court may appoint […] and of […], to defend the accused.
Rule 116. Sec. 7. Appointment of counsel de oficio.– The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio such members of the bar in good standing who, by reason of their experience and ability, can competently defend the accused. But in localities where such members of the bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused.
Rule 116. Sec. 8. Time for counsel de oficio to prepare for arraignment. – Whenever a counsel de oficio is appointed by the court to defend the accused at the arraignment, he shall be given a […] before […].
Rule 116. Sec. 8. Time for counsel de oficio to prepare for arraignment. – Whenever a counsel de oficio is appointed by the court to defend the accused at the arraignment, he shall be given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment.
CONST. art. III. sec. 11. Free access to the […] and […] shall not be […] by reason of […].
CONST. art. III. sec. 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
R.A. No. 8493. Sec. 7. par. 2. Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial. – If the accused pleads […] to the crime charged, he/she shall state whether he/she […] defense. A negative defense shall […], while an affirmative defense may modify the […] and require the accused to […].
R.A. No. 8493. Sec. 7. par. 2. Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial. – If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a negative or affirmative defense. A negative defense shall require the prosecution to prove the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove such defense by clear and convincing evidence.
Rule 116. Sec. 9. Bill of particulars. – The accused may, before arraignment, move for a […] to enable him properly to […]. The motion shall specify […] or […] and the […].
Rule 116. Sec. 9. Bill of particulars. – The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details desired.
Rule 116. Sec. 10. Production or inspection of material evidence in possession of prosecution. – Upon […] showing […] and with […], the court, in order to prevent […], or […], may order the prosecution to […] or […] of any written statement given by the […] in any […], as well as any designated documents, papers, books, accounts, letters, photographs, objects, or […], which constitute or contain […] and which are in the […] or […] of the […].
Rule 116. Sec. 10. Production or inspection of material evidence in possession of prosecution. – Upon motion of the accused showing good cause and with notice to the parties, the court, in order to prevent surprise, suppression, or alteration, may order the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things not otherwise privileged, which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution, police, or other law investigating agencies.
Rule 116. Sec. 11. Suspension of arraignment. – Upon motion by the proper party, the arraignment shall be suspended in the following cases:
(a) The accused appears to be […] which effectively renders him […] and to […]. In such case, the court shall order his […] and, if necessary, his […];
(b) There exists a […]; and
(c) A […] is pending at either the Department of Justice, or the […]; Provided, That the period of suspension shall not exceed […].
Rule 116. Sec. 11. Suspension of arraignment. – Upon motion by the proper party, the arraignment shall be suspended in the following cases:
(a) The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose;
(b) There exists a prejudicial question; and
(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; Provided, That the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office.
Rule 116. Sec. 6. Suspension by reason of prejudicial question. – A petition for […] based upon the pendency of a […] may be filed in the […] or the […]. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in […].
Rule 116. Sec. 6. Suspension by reason of prejudicial question. – A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests.
Rule 116. Sec. 1(a). Arraignment and plea; how made. – The accused must be arraigned before the court […]. The arraignment shall be made in […] by furnishing the accused with […], reading the same in […], and asking him […]. The prosecution may call at the trial […].
Rule 116. Sec. 1(a). Arraignment and plea; how made. – 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.
