ARRAIGNMENT AND PLEA

a) Purpose
People v. Pangilinan, G.R. No. 171020, March 14, 2007 (purpose of arraignment)
The purpose of arraignment is, thus, to apprise the accused of the possible loss of
freedom, even of his life, depending on the nature of the crime imputed to him, or
at the very least to inform him of why the prosecuting arm of the State is
mobilized against him.
b) Effects (Absence or Irregularity of Arraignment)
1. The absence of arraignment result in the nullity of the proceedings before the trial
court.
2. Generally, judgement is void if accused has not been validly arraigned.
3. Belated arraignment, such as that done only after the case has been submitted for
decision, does not necessarily violate the constitutional right of the accused.
Subsequent arraignment will cure the error provided that the accused was able to
present evidence and cross-examine the witnesses of the prosecution during trial.
4. Arraignment must be made again in an amended Information or complaint, only
where substantial amendments are made and not mere formal amendments.
5. Accused is presumed to have been validly arraigned in the absence of proof to the
contrary except when the offense charged is punishable by death.
6. Accused must personally appear during arraignment and enter his plea.
7. Trial in absentia may be conducted only after valid arraignment.
8. Without a valid prior arraignment, the accused cannot invoke double jeopardy.

Conditional or provisional arraignment will not give rise to double jeopardy,

where, as a precondition to being allowed to travel abroad, petitioner agreed to
waive his right against double jeopardy in case a substantial amendment of the
information should be necessary. Petitioner was duly assisted by counsel during
the conditional arraignment and was presumed apprised of the legal consequences
of such conditions.
c) Duty of the court
Section 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 a counsel of his choice, the court must assign a counsel
de oficio to defend him. (6a)

Section 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 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. (7a)

Section 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.
(8)
d) When should the accused be arraigned?
- 10 calendar days from the receipt of the case for a detained accused
- Within 30 calendar days after acquisition of jurisdiction
e) Conditional plea – Plea entered by the accused subject to the provisio that a certain
penalty be imposed upon him
f) Effect of conditional plea – it shall be equivalent to a plea of not guilty
g) Plea to lesser offense
 - Plea bargaining is a process whereby the accused and the prosecution work out a
mutually satisfactory disposition of the case subject to court approval. It usually
involves the defendant’s pleading guilty to a lesser offense or to only one or some
of the counts of a multi-count indictment in return for a lighter sentence than that
for the graver charge.
h) Requirements
Daan v. Sandiganbayan, G.R. 163972-77, March 28, 2008
SEC. 2. Plea of guilty to a lesser offense. — 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. 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. No amendment of the complaint or information is necessary.

Requisites:
1. Consent of the offended party;
2. Consent of the prosecutor;
3. Plea to a lesser offense which is necessarily include in the offense charged;
and
4. Approval of the court must be obtained.
i) Plea of guilt to capital offense (Conduct a Searching Inquiry)
People v. Estomaca, G.R. Nos. 117485-86, April 22, 1996
When the accused pleads guilty to a capital offense, the court shall:
1. Conduct a searching inquiry into the:
a. Voluntariness of the plea; and
b. Full comprehension of the consequences of his plea;
2. Require the prosecution to prove his guilt and the precise degree of his
culpability; and
3. Ask the accused if he desires to present evidence in his behalf and allow him to do
so if he desires.

The receipt of evidence is mandatory. However, the defendant, after pleading

guilty, may not present evidence as would exonerate him completely from
criminal liability such as proof of self-defense.

Searching inquiry – it means more than informing cursorily the accused that he faces
a jail term but so also the exact length of imprisonment under the law and the
certainty that he will serve at the national penitentiary or penal colony.
j) Improvident plea
- Plea involuntarily made without consent
- It would be considered if there was a failure to conduct searching inquiry, failure
of prosecution to present evidence, no rational basis between testimony and guilt.
k) Suspension of arraignment
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.
l) Remedies available before arraignment
 Section 9. Bill of particulars. — The accused may, before arraignment, move for
a bill of particulars to enable him properly to plead and to prepare for trial. The
motion shall specify the alleged defects of the complaint or information and the
details desired. (10a)

The office of a bill of particulars is to supply vague facts or allegations in the

complaint or information to enable the accused to properly plead and prepare for
trial. It presupposes a valid information, one that presents all the elements of the
crime charge, albeit under vague terms.

The Motion for Bill of Particulars shall specify:

a. The alleged defects in the complaint or information; and
b. Details desired by the accused.

It is NOT the Office of the Bill of Particulars to:

1. Supply material allegation necessary to the validity of a pleading;
2. Change a cause of action or defense stated in the pleading, or to state a cause of action or
in defense other than one stated;
3. Set forth the pleader’s theory of his cause of action or a rule of evidence on which he
intends to rely; or
4. Furnish evidentiary Information whether such information consists of evidence which the
pleader proposes to introduce or of facts which constitute a defense or offset for the other
party or which will enable the opposite party to establish an affirmative defense not yet
pleaded.

Notably, the specifications that a bill of particulars may supply are only formal amendments to
the complaint or information. Where the facts charged are not only vague but lacking, such as
they do not constitute an offense, the proper remedy is a motion to quash.