Rule 116 - Arraignment and Plea

Section 1

A.

Where?

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

By who?

-by the judge or clerk

How?

-by furnishing the accused with a copy of the complaint, reading the same in the
language or dialect known

-and asking him whether he pleads guilty or not.

-prosecution may call at the trial witnesses other than those named in the complaint

Does the accused need to be present during arraignment? YES, AND HE MUST PERSONALLY
ENTER HIS PLEA

Does the failure of recording the arraignment and plea affect the validity of proceedings? NO

What happen when the accuse refuses to plea? PLEA OF NOT GUILTY SHALL BE ENTERED FOR HIM

What happen when the accused makes a conditional plea? PLEA OF NOT GUILTY SHALL BE
ENTERED FOR HIM

What happen when the accused PLEADS GUILTY but presents exculpatory evidence? HIS PLEA
SHALL BE WITHDRAWN AND A PLEA OF NOT GUILTY SHALL BE ENTERED FOR HIM

What happens when the accused is under preventive detention?

1. His case shall be raffled and records transmitted to the judge within 3 days from filing of
information or complaint
2. Accused shall be arraigned within 10 days from the date of raffle
3. Pre trial shall be held within 10 days after arraignment

When does a private offended party shall be required to appear?

- At arraignment for purposes of (1) plea bargaining (2) determination of civil liability (3)
other

What happens when the offended party despite due notice failed to appear?

- The court may allow the accused to enter a plea of guilty to a lesser offense
How long is the duration of arraignment?

-unless a shorter period is provided by special law or SC, the arraignment shall be held
within 30 days from the date the court acquires jurisdiction over the person of the accused

-time of pendency of a motion to quash or bill of particulars shall be excluded in

computing the period

Section 2

When does the accused may be allowed to plead guilty to a lesser offense?

-at arraignment

-with consent of the offended party and the prosecutor

-after arraignment but before trial

-after withdrawing his plea of not guilty

Section 3

What happens when the accused pleads guilty to a capital offense?

-court shall conduct a SEARCHING INQUIRY into the voluntariness and full comprehension
of the consequences of his plea

-shall require the prosecution to prove his guilt and the precise degree of culpability

-accused may present evidence in his own behalf

Section 4

What happens 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

Section 5

When does the improvident plea of guilty may be withdrawn?

-at any time before judgment of conviction becomes final

-it is substituted by a plea of not guilty

Section 6
What is the duty of the court?

-BEFORE ARRAIGNMENT, the court shall inform the accused of his right to counsel

Section 7

When does the court appoint counsel de officio?

-The court considering the GRAVITY of the offense and the difficulty of questions, shall
appoint counsel de officio

What if theres no members of bar available?

-Court may appoint any person, resident of the province and of good reputation to
defend the accused

Section 9

When bill of particulars can be moved?

-BEFORE ARRAIGNMENT, the accused may 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 and the details desired

Section 10

When can the court order the prosecution to produce and permit the inspectiom of evidence in
its possession?

-Upon motion of the accused

-showing good cause

-with notice to the parties

Section 11

When does arraignment may be suspended?

Upon motion by the proper party

1. Accused suffers from an unsound mental condition which will render him unable to fully
understand the charge against him and to plead intelligently thereto. Court shall order
mental examination and if necessary, his confinement
2. There exists prejudicial question
3. A petition for review of the resolution of the prosecutor is pending at the DOJ or Office of
the President PROVIDED that the period of suspension shall not exceed 60 days from the
filing of petition