Professional Documents
Culture Documents
116 Riano
116 Riano
116 Riano
Duty of the court before arraignment Options of the accused before arraignment and
The court shall: plea
1. Inform the accused of his right to 1. Bill of Particulars
counsel a. To specify the alleged defects of the
2. Ask him if he desires to have one complaint of information
3. Must assign a counsel de oficio to b. Specify the details desired
defend him (if the accused can’t afford i. (failure to file this motion before
a lawyer) entering his plea amounts to a waiver)
Unless the accused: 2. Suspension of arraignment
a. Is allowed to defend himself in person a. Accused appears to be suffering from an
b. Has employed a counsel of his choice unsound mental condition which
effectively renders him unable to fully
Gamas v. Oco understand the charge against him and to
The only instance where the court can arraign plead intelligently.
the accused without the benefit of counsel is if i. The court shall order his mental
the accused waives such right and the court, examination and, if necessary, his
finding the accused capable, allows him to confinement.
represent himself. b. There exists a prejudicial question
c. There is a petition for review of the
prosecutor’s resolution pending in DOJ or When arraignment is to be made
OPP. Within 30 days from the date the court acquires
i. Suspension shall not exceed 60 days jurisdiction over the person of the accused.
from the filing of the petition Unless a shorter period is provided by a
d. Motion to quash – on the grounds special law or SC circular.
provided for in Rule 117
e. Challenge the validity of the arrest or Under existing law:
legality of the warrant issued or assail the Within 30 days from the filing of the complaint
regularity or question the absence of a PI. or information, or from the date the accused
i. Otherwise, deemed waived has appeared before the justice, judge or court
in which the charge is pending.
Ramiscal v. Sandiganbayan
Filing of a motion for reconsideration of the Excluded in counting the period:
finding of probable cause cannot bar the filing 1. Pendency of the motion to quash
of the information, and neither can it bar the 2. Pendency of a bill of particulars
arraignment of the accused. 3. Other causes justifying suspension
Presence of the offended party The essence of a plea of guilty is that the
When required: (Sec 1f) accused admits absolutely and unconditionally
1. Plea bargaining his guilt and responsibility for the offense.
2. Determination of civil liability
3. Other matters requiring his presence People v. Albert; People v. Bello
If the accused admits some of all the allegations
If he fails to appear despite due notice, the in the information but interposes excuses or
court may allow the accused to enter a plea of additional facts which, if duly established,
guilty to a lesser offense charged with the would exempt or relieve him in whole or in part
conformity of the trial prosecutor alone. of criminal liability, a formal plea of not guilty
should be entered.
When a plea of ‘not guilty’ shall be entered
1. If he refuses to plead People v. Strong
2. Makes a conditional plea Accused pleaded guilty but always denied the
3. Pleads guilty but presents exculpatory acts every time he was asked.
evidence
4. Admits the facts in the information but When a plea of guilty is not definite or
alleges that he performed the acts because ambiguous, or not absolute, the same amounts
he feared for his life (People v. Baetiong) to a plea of not guilty.
People v. Talusan
Where the trial court receives evidence to
determine precisely whether the accused erred
in admitting his guilt, the manner in which the
plea is made loses legal significance if the
conviction is, independently of the plea, based
on evidence proving the commission of the
offense.
People v. Ceredon
A conviction based on a plea of guilty to a
capital offense had been set only when such
plea was the only basis of the judgment. When
the court relied on sufficient and credible
evidence to convict the accused, the same must
be sustained.