Criminal Procedure
Atty. Ramon D. Facun
Criminal Action:
Rule 116 – Arraignment and Plea.
We will learn under this Rule:
1. Where arraignment should be made?
2. Period to arraign the accused?
3. Time to File Motion to Quash?
4. Time to File Motion for Bill of Particulars?
5. Time and Grounds of Motion To Suspend Arraignment?
6. Who must be present during arraignment?
7. Informing the Right to Counsel?
Criminal Action:
Rule 116 – Arraignment and Plea.
We will learn under this Rule:
8. Appointment of Counsel de Officio?
9. Counsel de Officio time to consult the accused?
10. How arraignment is made?
11. When plea of not guilty will be entered?
12. Plea of guilty to capital offense?
13. Plea of guilty to non-capital offense?
14. Plea of guilty to a lesser offense?
15. Withdrawal of improvident plea?
Arraignment and Plea:
Where arraignment should be made.
The accused must be arraigned
before the court where the complaint or information
was filed or assigned for trial. (Sec 1(a) first sentence Rule 116
RoC)
Arraignment and Plea:
Period to arraign the accused.
1. 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. (Sec 1(e) Rule 116 RoC)
Arraignment and Plea:
Period to arraign the accused.
2. 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. (Sec 1(g) second sentence Rule 116 RoC)
Arraignment and Plea:
Period to arraign the accused.
3. 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. (Sec 1(g) second
sentence Rule 116 RoC)
Arraignment and Plea:
Time to file Motion to Quash.
1. At any time before entering his plea,
the accused may move
to quash the complaint or information. (Sec 1 Rule 117 ROC)
Arraignment and Plea:
Time to file Motion for Bill of Particulars.
1. The accused may,
before arraignment,
move for a bill of particulars
to enable him properly to plead and to prepare for trial. (Sec 9
first sentence Rule 116 RoC)
2. The motion shall specify
the alleged defects of the complaint or information
and the details desired. (Sec 9 second sentence Rule 116 RoC)
Arraignment and Plea:
Grounds for suspension of arraignment.
Upon motion by the proper party, the arraignment shall be
suspended in the following cases:
1. The accused appears to be suffering from an unsound
mental condition which effective 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; (Section 11(a)
Rule 116 RoC)
Arraignment and Plea:
Grounds for suspension of arraignment.
2. There exists a prejudicial question; (Section 11(b) Rule 116
RoC)
3. 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. (Section 11(c) Rule 116 RoC)
Arraignment and Plea:
Who must be present during arraignment.
1. The accused must be present at the arraignment and must
personally enter his plea. (Sec 1(b) first sentence Rule 116
RoC)
2. 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. (Sec 1(f) first sentence Rule 116 RoC)
Arraignment and Plea:
Who must be present during arraignment.
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. (Sec 1(f)
second sentence Rule 116 RoC)
Arraignment and Plea:
Duty of Court to inform Right to Counsel.
1. 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 a counsel of his choice,
the court must assign a counsel de oficio to defend him. (Sec
6 Rule 116 ROC)
Arraignment and Plea:
Appointment of counsel de officio.
1. The court,
considering the gravity of the offense and the difficulty of the
questions that may arise,
shall appoint as counsel de oficio only 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. (Sec 7 Rule 116 ROC)
Arraignment and Plea:
Counsel de officio time to consult
the accused.
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. (Sec 8 Rule 116 ROC)
Arraignment and Plea:
How arraignment is made.
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. (Sec
1(a) second sentence Rule 116 RoC)
Arraignment and Plea:
When a plea of not guilty will be entered.
1. When the accused plead not guilty to the crime charged.
2. When the accused
refuses to plead
or makes a conditional plea,
a plea of not guilty shall be entered for him. (Sec 1(c) Rule
116 RoC)
Arraignment and Plea:
When a plea of not guilty will be entered.
3. When the accused pleads guilty but presents exculpatory
evidence,
his plea shall be deemed withdrawn
and a plea of not guilty shall be entered for him. (Sec 1(d)
Rule 116 RoC)
Arraignment and Plea:
Plea of guilty to capital offense.
1. When the accused pleads guilty to a capital offense,
the court shall conduct a searching inquiry
into the voluntariness and full comprehension of the
consequences of his plea
and require the prosecution to prove his guilt and the precise
degree of culpability.
The accused may present evidence in his behalf. (Sec 3 Rule
116 ROC)
Arraignment and Plea:
Plea of guilty to non-capital offense.
1. When the accused pleads guilty to a non-capital offense,
the court may receive evidence from the parties
to determine the penalty to be imposed. (Sec 4 Rule 116 ROC)
Arraignment and Plea:
Plea of Guilty to a lesser offense.
1. At arraignment, the accused,
with the consent of the offended party and the prosecutor,
may be allowed by the trial court to plead guilty to a lesser
offense which is necessarily included in the offense charged.
(Sec 2 first sentence Rule 116 ROC)
2. After arraignment but before trial,
the accused may still be allowed to plead guilty to said
lesser offense
after withdrawing his plea of not guilty. (Sec 2 first sentence
Rule 116 ROC)
Arraignment and Plea:
Withdrawal of improvident plea.
At any time before the judgment of conviction becomes
final,
the court may permit an improvident plea of guilty
to be withdrawn
and be substituted by a plea of not guilty. (5)
Criminal Action:
Rule 116 – Arraignment and Plea.
Any Question???
For Next Meeting:
Codal:
Rule 117 – Motion To Quash.
Book/s:
Judge Janice L. Andrade-Udarbe
Covering Rule 117 – Motion To Quash.
For Next Meeting:
Cases for Digest and/or Discussion:
Rule 117 – Motion to Quash
GR 191566 – People vs Odtuhan
GR 208146 – Dio vs People
GR 241383 – Corpuz vs People
GR 171222/GR 174786 – People vs Bayabos
GR 142369-70 – Merencillo vs People
GR 252403 – People vs Castillo
