LECTURE

on
ARRAIGNMENT under RULE 116

As a review of Remedial Law, you have to remember the following as to

arraignment:
a. Arraignment is made in open court;
b. Accused is furnished a copy of the information or complaint;
c. The information or complaint is read to the accused in the language or dialect
known and understood by him/her; and
d. After the reading, the accused is asked whether he pleads guilty or not

What is the purpose of arraignment? To inform the accused of the nature and
cause of the charge against him/her.

As a private practitioner or counsel for the accused, the following are the things
you have to do:

1. Ask for the schedule of the arraignment of the accused from the court where
your client’s criminal case is pending.

2. File your formal entry of appearance as counsel for the accused before the
arraignment is set or you can orally enter your appearance during the day of
arraignment itself right after the case is called with this statement:
“Good morning/afternoon, Your Honor. I am Atty. ___________ entering
my appearance as counsel for accused __(Name)_______. The accused is
ready for arraignment, Your Honor.”
Or “Good morning/afternoon Your Honor. Same appearance as counsel
for the accused.” (That is, if you have already previously appeared as
counsel for the accused in the same case, say for example, in the previous
hearing on the motion of accused for reduction of bail. This means, you
are already considered by the court as counsel on record.)

3. If you have entered your formal appearance earlier, you will be furnished by
the court a Notice of Arraignment/Notice of Hearing, in order to inform you of
the scheduled arraignment of the accused. Hence, you are to take note of the
schedule and remind the accused.
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4. Start interviewing the accused and describe the scenario by explaining the
process and purpose of the arraignment.

5. Explain to the accused the following options and suggest the better, if not the
best option to take, based on your initial assessment and defense theory of
the case:

ARRAIGNMENT OPTIONS:

1. Plead guilty as charged

-explain the imposable penalty and the possible
appreciation of mitigating circumstances of
spontaneous plea and voluntary surrender
(penalty of one degree lower);
-this will include payment of civil aspect of the crime and
actual damages, if any
2. Plead guilty to a lesser offense
-this is the plea-bargaining part
-explain the imposable penalty which is one to two degrees
lower plus mitigating circumstances, if any
(penalty applicable to lesser crime)
e.g. murder to homicide
robbery to theft
-must get the consent of the prosecutor
& the private complainant
-payment of actual and other damages demanded by
the private complainant
3. Settlement of the civil aspect and eventual dismissal
of the case, with payment of actual damages
or amount demanded by the private complainant
4. plead not guilty, go through rigorous trial to present evidence,
prepare theory of defense,
- The result is either conviction plus damages or acquittal
5. Early personal acquittal by death of the accused himself
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(But do not advise the accused to commit suicide…

This is just for him/her to know that crimes cannot be
inherited as this is personal. If he dies before arraignment
or during the course of trial, there is no more crime or a
criminal case to speak about.)

6. Immediately after the accused enters his/her plea, you and the accused
should sign the Certificate of Arraignment. The pro-forma certificate is
already prepared by the Clerk of Court or the Court Interpreter. Read the
same before you sign and see to it that the actual plea (guilty or not guilty) is
correctly entered therein as ordered by the Presiding Judge in open court.

7. As early as right after you are engaged as lawyer for the accused or before
arraignment, whichever is earlier, conduct the interview and build up a theory
of the case for the defense. By the facts relayed to you by the accused and
his/her possible witnesses as well as available documentary and object
evidences in contrast to the affidavit-complaint and submitted evidences of
the prosecution, determine whether or not the accused is innocent or
probably guilty. If probably guilty, determine if there exist some exempting,
justifying or any mitigating circumstances.

On the other hand, if you are the public prosecutor or counsel for the private
complainant (private prosecutor), the following are the things you have to do:

1. Read the Criminal Information charging the accused of the particular crime
before arraignment takes place.

2. Determine if there is a need to amend the Information or Complaint. If the

amendment is only a typographical error, you may do so in open court before
arraignment proceeds. If the proposed amendment is substantial, ask the
court to postpone the arraignment and file the necessary amendment.

3. Explain the nature and purpose of arraignment to the private complainant

and the importance of his/her presence in the said initial court proceeding.
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4. Explain also the possibility of plea-bargaining for which her/his consent to the
same is needed.

5. During the actual arraignment, enter your appearance as follows:

As Public Prosecutor:
“Good morning/afternoon Your Honor, entering my appearance for the State
or
Good morning/afternoon Your Honor, appearing as public prosecutor. Ready,
Your Honor.”

As Private Prosecutor:
“Good morning/afternoon Your Honor, I am Atty. ____________, entering my
appearance as private prosecutor, under the direct control and supervision of
the public prosecutor. The private complainant is in court (or present in court)
Your Honor. We are ready Your Honor.”

6. Likewise, immediately after the accused enters his/her plea, you are also to
sign the Certificate of Arraignment. Be sure to also read the same before you
sign and see to it that the actual plea (guilty or not guilty) is correctly entered
therein as ordered by the Presiding Judge in open court.

7. In the said Certificate, the presiding judge must also sign.

Under the New Guidelines for Continuous Trial of Criminal Cases (OCA-Circular No.
101-2017), the preliminary or pre-trial conference follows right after the arraignment.
Hence, courts are mandated to set the arraignment and pre-trial on the same day.
However, there are some circumstances for which you, as lawyer, can orally move
(meaning, done in open court) for the resetting or postponement of the pre-trial to a
later date such as:

a. The accused is not ready for pre-trial conference;

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b. Defense counsel has just been appointed as counsel de officio for the accused,
hence, not prepared or have not conferred with the accused as to the conduct
of pre-trial or you are appointed as counsel of the accused for purposes of
arraignment only;
c. The parties (accused and the private complainant) are considering a settlement
of the civil aspect of the case so that they need an ample time within which to
reach an amicable settlement.
d. Private complainant is not present in court during arraignment for a valid
and/or justifiable cause and his/her presence during pre-trial is important or
indispensable.