Rule 116

Arraignment and Plea

Arraignment - formal mode or manner of implementing the constitutional right of an accused to be in-
formed of the nature and cause of accusation.
Purpose: to apprise the accused why he is being prosecuted by the State
*Indispensable requirement of due process

Kummer vs. People

Procedural Due process requires that the accused be arraigned so that he may be informed of the reason
for his indictment, the specific charges he is bound to face, and the corresponding penalty that could be
possibly meted against him.

Effect of the absence of Arraignment : results in the nullity of the proceedings

*If Accused has not been arraigned, he CANNOT be tried in absentia

Duty of the Court before Arraignment

a. inform the accused of his right to counsel
b. ask if he desires to have one
c. must assign a counsel de officio
Exception : i) when he is allowed to defend himself in person upon reasonable determination by
the court that he is capable of defending himself
ii) he has employed a counsel of his choice
-such duty is mandatory
Gamas vs. Oco
The insistence of the accused to be arraigned without representation is no reason for the judge to accede
readily to his wishes. A judge has the duty to protect the rights of the accused, even against their wishes,
when it is clear that he is not in a position to validly exercise or waive those rights.

Counsel de Oficio
- must be a member of the bar in good standing, who by reason of their experience and ability, can com-
petently defend the accused.
Localities where members of the bar are NOT available : any person who is a resident of the province
and of good repute for probity and ability may be appointed.
*shall be given reasonable time to consult with the accused as to his plea.

Options of the Accused before Arraignment and Plea

a. Bill of Particulars - to enable him to properly plead and prepare for trial
Motion shall i) specify the alleged defects of the complaint or information
ii) specify the details desired
*Failure to avail of such amounts to a waiver of the defect or detail desired in the information.
*Non-conformity to Sec. 9 of Rule 116 of the bill of particulars : deemed a prohibited motion un-
der the Revised Guidelines for Continuous Trial
b. Suspension of Arraignment - in the following cases:
i) accused appears to be suffering from an unsound mental condition
-court shall order his mental examination
-if needed, court may also order for his confinement for such purposes;
ii) existence of a prejudicial question
*considered prohibited when NO civil case has yet been filed
iii) Petition for Review of the resolution of the prosecutor pending at either DOJ or the Office of
the President
 -suspension must NOT exceed 60 days from the filing of the petition with the reviewing office.
*DOJ Secretary can NO longer entertain appeal or petition for review after the arraignment of the
accused for it is deemed waived or abandoned. (Gandarosa vs. Flores)
*Motion to Suspend based on ground NOT stated under Sec. 11 of Rule 116 shall be deemed as a
prohibited motion.
c. Motion to Quash - filed anytime before the accused enters his plea on grounds provided for under Sec.
3 of Rule 117, in relation to Sec.1 of Rule 117.
d. Challenge of the validity of the arrest or legality of the warrant issued or assail the regularity or ques-
tion the absence of a preliminary investigation - objection against an arrest or the procedure in the acqui-
sition of jurisdiction over the person of the accused should be made at or before the arraignment
*The arraignment of the accused constitutes a waiver of the right to preliminary investigation or
reinvestigation. Waiver = probable cause
Rules of Procedure of the Ombudsman : allows the filing of an information in the court pending a
motion for reconsideration of the finding of probable cause neither can it bar the arraignment of the ac-
cused.

Amended Information/Substituted Information

Arraignment on the amended information is mandatory in cases wherein the accused has been already ar-
raigned and the information was substantially amended thereafter.
Rules:
When the amendment is only as to form -> NO need for another preliminary investigation adn retaking of
the plea
If there is substitution of Information -> another preliminary investigation is entailed and the accused has
to plead anew.

Where is arraignment to be made?

Before the court where the complaint or information was filed or assigned for trial.

How is arraignment made?

It is made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or
information and asking him whether he pleads guilty or not.

Waiver of Reading of the Information

Court may allow a waiver of reading of the information upon the full understanding and express consent
of the accused and his/her counsel, which consent shall be expressly stated in both the minutes or certifi-
cate of arraignment and the order of arraignment.
Revised Guidelines for Continuous Trial

When arraignment is to be made?

a. Schedule of Arraignment and Pre-Trial
i) Pre-Trial shall be set within 10 calendar days from receipt of the case for a detained accused,
when the court has acquired the jurisdiction over the person of the accused
ii) Within 30 days from date the court acquires jurisdiction over a non-detained accused.
EXCEPTION ; unless a shorted period is provided under a special law or Supreme Court Circu-
lar.
Commitment Order : for detained accused, the court must set arraignment in such document.
Order of Approval of Bail : in other cases, the court must set arraignment.
b. Notice of Arraignment and Pre-Trial - shall be sent:
i) to the accused
ii) the counsel
iii) private complainant or complaining law enforcement agent
 iv) public prosecutor
v) witnesses whose names appear in the information
Purpose: for plea bargaining, arraignment and pre-trial
*Setting of arraignment and pre-trial on the same date is required.
Rule on Summary Procedure : arraignment and preliminary conference shall be held simultaneously.

Arraignment after submission of the case for decision

The procedural defect (absence of arraignment) was cured when his counsel participated in the trial with-
out raising any objection that his client had yet to be arraigned.
People vs. Pangilinan

Record of Arraignment : arraignment and plea shall be made of record.

*Failure does NOT affect the validity of the proceedings.

Presence of the accused : must be present and must personally enter his plea.

Presence of the offended party - required to appear at the arraignment for the following purposes:
a. plea bargaining
b. determination of civil liability
c. other matters requiring his presence
*Failure to appear : court may allow the accused to enter a plea of guilty to a lesser offense which is nec-
essarily included in the offense charged.
- with the conformity of the trial prosecutor

Plea of NOT Guilty shall be entered for the accused when:

a. actual plea of not guilty
b. refuses to plead
c. makes a conditional plea
d. pleads guilty but presents exculpatory evidence
e. plea of guilty is not definite or ambiguous, or not absolute (People vs. Strong)
-plea of guilty shall be deemed withdrawn
*entering of a plea amounts to the submission of an accused to the jurisdiction of the court.

As a rule, a plea of guilty is a judicial confession of guilt - an admission of all the material facts alleged in
the information including the aggravating circumstances. People vs. Gravino
EXCEPTION: if such circumstances are disproved by the evidence - plea of guilty does NOT dispense
with the presentation of evidence.

Requisites for a plea of guilty to a lesser offense:

a. lesser offense is necessarily included in the offense charged
b. plea must be with the consent of both the offended party and the prosecutor.
-consent of the offended party will NOT be require in case of failure to appear despite due notice.
-in victimless crimes, the presence of the arresting officer in court is required so he may give his
consent with the conformity of the public prosecutor (Revised Guidelines for Continuous Trial)
*The acceptance of an offer to plead guilty to a lesser offense is NOT demandable by the accused as a
matter of right but is a matter addressed entirely to the sound discretion of the trial court and the consent
of the offended party.

Rule that Plea Bargaining does NOT apply to drug cases. (Sec. 23, R.A. No. 9165)
-held unconstitutional for plea bargaining is a matter of procedure; it contravenes the rule-making
authority of the Supreme Court.
When plea of guilty to a lesser offense may be made?
i) at arraignment
ii) after arraignment
iii) after his prior plea of not guilty is withdrawn made before trial
*It is immaterial that plea of bargaining was NOT made during the pre-trial stage or that it was made only
after the prosecution already presented several witnesses.
Daan vs. Sandiganbayan

Plea of guilty to a capital offense

The court is mandated to perform the following:
a. conduct a search inquiry
i) ascertain the voluntariness of the plea
ii) ascertain that the accused has full comprehension of the consequences of his plea
b. require the prosecution to prove the following:
i) guilt of the accused
ii) precise degree of his culpability
c. ask the accused if he wishes to present evidence in his behalf and be allowed to do so
*judgement should NOT be immediately rendered.

Plea of guilty to a non-capital offense

The court may receive evidence from the parties to determine the penalty to be imposed.
Judgement shall be immediately rendered.

No plea bargaining or plea of guilt : court shall immediately proceed with the arraignment of the accused
and the pre-trial.

Improvident Plea of Guilty

(hindi ko alam paano gagawin ko dito ahahaha)

Production or inspection of material evidence

Rule 116 is a mode of discovery. Sec. 10, authorizes the court to issue an order to the prosecution to pro-
duce and permit the inspection and copying or photographing of any written atatement given by the com-
plainant and other witnesses.
Production or inspection of material evidence shall be allowed upon motion of the accused with notice to
the parties.
Purpose : prevent suprise, suppression or alteration of the evidence.