RULES OF CRIMINAL PROCEDURE

Lectures of Atty. Catherine M. Guerzo

2 Manresa 2016

arraignment shall be excluded in computing the period.

(sec. 2, cir. 38-98)
AUGUST 18, 2016 – Kristine Confesor

When does arraignment takes place?

RULE 116
GR: Unless a shorter period is provided by special law or
ARRAIGNMENT AND PLEA Supreme Court circular, the arraignment shall be held within
thirty (30) days from the date the court acquires jurisdiction
over the person of the accused. The time of the pendency of a
motion to quash or for a bill of particulars or other causes
justifying suspension of the arraignment shall be excluded in
computing the period. (Sec. 1(g), Rule 116)
Section 1. Arraignment and plea; how made. —

What is the importance of arraignment?

(a) The accused must be arraigned before the court where
the complaint or information was filed or assigned for trial.
The arraignment shall be made in open court by the judge 1) DUE PROCESS REQUIREMENT It is part of the
or clerk by furnishing the accused with a copy of the constitutional right of the accused to be informed of the
complaint or information, reading the same in the nature and cause of accusation against him. Hence, a part
language or dialect known to him, and asking him whether of the PROCEDURAL DUE PROCESS requirement. In
he pleads guilty or not guilty. The prosecution may call at civil cases, it is equivalent to an ANSWER on part of the
the trial witnesses other than those named in the respondent.
complaint or information. 2) DOUBLE JEOPARDY WILL ATTACH It is only upon a
valid arraignment that double jeopardy will attach
3) JOINDER OF ISSUES The moment the accused enters
(b) The accused must be present at the arraignment and
his plea, issues are now joined. After that, there will be trial
must personally enter his plea. Both arraignment and plea
on the merits
shall be made of record, but failure to do so shall not
affect the validity of the proceedings.
In substantial amendment, is there a need for another
arraignment?
(c) When the accused refuses to plead or makes a Yes.
conditional plea, a plea of not guilty shall be entered for
him. (1a) In formal amendments?
No. (Read the case of)
(d) When the accused pleads guilty but presents
exculpatory evidence, his plea shall be deemed withdrawn Teehankee v. Madayag
and a plea of not guilty shall be entered for him. (n) 207 SCRA 134

CRIMINAL PROCEDURE; INFORMATION; AMENDMENT

(e) When the accused is under preventive detention, his AND SUBSTITUTION, DISTINGUISHED.—It may accordingly
case shall be raffled and its records transmitted to the be posited that both amendment and substitution of the
judge to whom the case was raffled within three (3) days information may be made BEFORE or AFTER the defendant
from the filing of the information or complaint. The pleads, but they differ in the following respects:
accused shall be arraigned within ten (10) days from the
date of the raffle. The pre-trial conference of his case shall AMENDMENT SUBSTITUTION
be held within ten (10) days after arraignment. (n)
necessarily involves a
(f) The private offended party shall be required to appear substantial change from the
Involves either formal or
at the arraignment for purposes of plea bargaining, original charge;
substantial changes
determination of civil liability, and other matters requiring
his presence. In case of failure of the offended party to
appear despite due notice, the court may allow the as the original information has
accused to enter a plea of guilty to a lesser offense which to be dismissed,
is necessarily included in the offense charged with the BEFORE PLEA has been
 must be with leave of
conformity of the trial prosecutor alone. (cir. 1-89) entered can be effected
court
 WITHOUT leave
of court
Unless a shorter period is provided by special law or in substitution of information
Supreme Court circular, the arraignment shall be held  another PI is entailed
within thirty (30) days from the date the court acquires as to FORM
 there is NO need and the accused has to
jurisdiction over the person of the accused. The time of plead anew to the new
the pendency of a motion to quash or for a bill of for another PI and
particulars or other causes justifying suspension of the the retaking of the
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

plea of the information

accused Ma’am: But the general rule is that, as early as possible, you
substitution requires or raise the right of the accused to be informed of the nature and
presupposes that the new cause of accusations against him.
An amended information
information involves a different
refers to the same offense
offense which does not include Manner of Arraignment
charged in the original
or is not necessarily included in
information or to an offense
the original charge, hence the
which necessarily includes (a) The accused must be arraigned before the court
accused cannot claim double
or is necessarily included in where the complaint or information was filed or
jeopardy
the original charge, hence assigned for trial. The arraignment shall be made in
substantial amendments open court by the judge or clerk by furnishing the
to the information after the accused with a copy of the complaint or information,
plea has been taken cannot reading the same in the language or dialect known to
be made over the objection him, and asking him whether he pleads guilty or not
of the accused, for if the guilty. The prosecution may call at the trial witnesses
original information would other than those named in the complaint or
be withdrawn, the accused information. (sec. 1(a), Rule 116)
could invoke double
jeopardy.
Is it important in the arraignment that the counsel of the
accused be present?

In the present case, therefore, there is an identity of offenses

charged in both the original and the amended information. - As a rule, yes.
What is involved here is not a variance in the nature of different - But the court is mandated to appoint a counsel de
offenses charged, but only a change in the stage of execution officio if accused does not have a lawyer
of the same offense from frustrated to consummated murder.
This being the case, we hold that an amendment of the original
information will suffice and, consequent thereto, the filing of the
amended information for murder is proper. That the accused
People vs. Alicando,
committed a felonious act with intent to kill the victim continues
to be the prosecution’s theory. There is no question that
whatever defense herein petitioner may adduce under the 251 SCRA 293, G.R. No. 117487 December 12, 1995
original information for frustrated murder equally applies to the
amended information for murder. Under the circumstances AN ARRAIGNMENT IS NULL AND VOID WHERE THE
thus obtaining, it is irremissible that the amended information READING OF THE COMPLAINT OR INFORMATION TO THE
for murder is, at most, an amendment as to form which is ACCUSED IS NOT IN THE LANGUAGE OR DIALECT
allowed even during the trial of the case. KNOWN TO HIM; Judicial notice is taken of the fact that many
Filipinos have limited understanding either of the Pilipino or
Assuming that the court already acquires jurisdiction over
English language.—The arraignment of the appellant is null
the accused, there’s already presentation of evidence, yet
and void. The trial judge failed to follow section (1) (a) of Rule
the accused has not been arraigned? Should the accused
116 on arraignment. The reading of the complaint or
be still arraigned? (In other words, nakalimutan ni Judge)
information to the appellant in the language or dialect known to
(See Case below) him is a new requirement imposed by the 1985 Rules on
Criminal Procedure. It implements the constitutional right of an
People vs. Atienza and Closa,
appellant “x x x to be informed of the nature and cause of the
86 Phil. 576, No. L-3001 June 17, 1950
accusation against him.”
CRIMINAL PROCEDURE; ARRAIGNMENT AFTER
PROSECUTION RESTED ITS CASE.—Defense counsel - LIKEWISE, THE PLEA OF GUILT TO A CAPITAL OFFENSE
entered into trial without any objection on the ground that his IS NULL AND VOID WHERE THE TRIAL COURT
client had not yet been arraigned. Said counsel cross- INADEQUATELY DISCHARGED THE DUTY OF
examined the witnesses for the prosecution. When the fiscal CONDUCTING A “SEARCHING INQUIRY.”—The plea of guilt
offered to reproduce all his evidence by representing again his made by the appellant is likewise null and void. The trial court
witnesses, defense counsel agreed or rather did not object to violated section 3 of Rule 116 when it accepted the plea of guilt
having that same evidence for the government declared by the of the appellant. Said section provides: “Sec. 3. Plea of guilty to
court as reproduced. Held: This error or irregularity has not capital offense; reception of evidence.—When the accused
prejudiced the rights or interests of the appellant, and pleads guilty to a capital offense, the court shall conduct a
considering that appellant's counsel had full opportunity searching inquiry into the voluntariness and full comprehension
of cross-examining all the witnesses who took the witness of the consequences of his plea and require the prosecution to
stand for the government and that furthermore he agreed prove his guilt and the precise degree of culpability. The
to the reproduction of the evidence for the prosecution, accused may also present evidence in his behalf.” The records
the error or defect had been substantially or fully cured.
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

reveal how the trial judge inadequately discharged this duty of reservation to refile it, the dismissal was conclusive and
conducting a “searching inquiry.” definite. Thus, it is contended that the dismissal, although
admittedly not strictly constitutive of double jeopardy, allegedly
THE BOTTOM LINE OF THE RULE EMBODIED IN SECTION had the effect of double jeopardy. Again, this contention is
3 OF RULE 116 IS THAT THE PLEA OF GUILT MUST BE meritless, for if sustained, the requisites for double jeopardy
BASED ON A FREE AND INFORMED JUDGMENT.—Section would be nullified. The next query is—is there actual double
Jeopardy in the case at bar? Our answer is—there is none, for
3 of Rule 116 which the trial court violated is not a new rule for
among other things petitioner had not yet pleaded to the
it merely incorporated the decision of this Court in People v.
offense.
Apduhan, Jr., and reiterated in an unbroken line of cases. The
bottom line of the rule is that the plea of guilt must be based on
a free and informed judgment. Thus, the searching inquiry of Galvez vs. Court of Appeals,
the trial court must be focused on: (1) the voluntariness of the 237 SCRA 685, G.R. No. 114046 October 24, 1994
plea, and (2) the full comprehension of the consequences of Even if a substitution was made at such stage, petitioners
the plea. cannot validly claim double jeopardy, which is precisely
the evil sought to be prevented under the rule on
substitution, for the simple reason that no first jeopardy
had as yet attached.—In any event, we are inclined to uphold
the propriety of the withdrawal of the original informations,
CUSTODIAL INVESTIGATION; EVIDENCE; there having been no grave abuse of discretion on the part of
EXCLUSIONARY RULE; Evidence gathered by the police as a the court in granting the motion and, more importantly, in
result of custodial interrogation where the accused verbally consideration of the fact that the motion to withdraw was filed
confessed to the crime without the benefit of counsel is and granted before herein petitioners were arraigned, hence
inadmissible. before they were placed in jeopardy.

“FRUIT OF THE POISONOUS TREE” DOCTRINE; Under the Consequently, we hold that although the offenses charged
exclusionary rule known as the “fruit of the poisonous tree,” under the three new informations necessarily include those
once the primary source (the “tree”) is shown to have been charged under the original informations, the substitution of
unlawfully obtained, any secondary or derivative evidence (the informations was not a fatal error. A contrary ruling, to
“fruit”) derived from it is also inadmissible.— paraphrase from our former pronouncements, would sacrifice
substantial justice for formal nuances on the altar of procedural
technicalities. Furthermore, petitioners’ right to speedy trial was
Ma’am: Story of the Lady Judge: GIST: the information was never violated since the new informations were filed
read to the accused but the name therein indicated is not the immediately after the motion to withdraw the original
name of the accused. The accused was silent about this. informations was granted.
Verdict: This is a VOID arraignment because he is not the
person being charged. The accused filed an administrative
case against the judge. HAHA. (Lesson, if you’ll be a Judge be Section 1
cautious). (c) When the accused refuses to plead or makes a conditional
plea, a plea of not guilty shall be entered for him. (1a)
What if the accused is deaf and mute? How will he be
arraigned? (d) When the accused pleads guilty but presents exculpatory
evidence, his plea shall be deemed withdrawn and a plea of
not guilty shall be entered for him. (n)
- There should be a specialized court interpreter who
knows sign language so that the accused can validly
enter his plea.  Conditional Plea Negative Pregnant Denial in Civil
cases
Take Note! - Somehow admits the fact, but denies other allegations
There can be no double jeopardy where the accused has not
pleaded to the offense. In order for double jeopardy to attach,
there must be a valid plea entered Read:
Q: What are those instances wherein the court will enter
Gaspar vs. Sandiganbayan, not guilty in behalf of the accused?

144 SCRA 415, No. L-68086 September 24, 1986 A:

NO ACTUAL DOUBLE JEOPARDY EXISTS WHERE 1. When the accused so pleaded;

PETITIONER HAD NOT YET PLEADED TO THE 2. When the accused refuses to plead;
OFFENSE.—The other alleged error of the Sandiganbayan 3. Where in admitting the act charged he sets up matters
consists in its denial of petitioner’s oral motion to quash. Thus, of defense or with lawful justification;
petitioner argues that since the prosecution prayed for the 4. If he makes a conditional plea of guilty
dismissal of the information without any condition or
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

5. Where after a plea of guilty he introduces evidence of over the person of the accused. The time of the pendency of a
self-defense or other exculpatory circumstances; motion to quash or for a bill of particulars or other causes
6. When the plea is indefinite or ambiguous justifying suspension of the arraignment shall be excluded in
computing the period. (sec. 2, cir. 38-98)

(e) When the accused is under preventive detention, his case

shall be raffled and its records transmitted to the judge to Section 2. Plea of guilty to a lesser offense. — At
whom the case was raffled within three (3) days from the filing arraignment, the accused, with the consent of the offended
of the information or complaint. The accused shall be arraigned party and the prosecutor, may be allowed by the trial court to
within ten (10) days from the date of the raffle. The pre-trial plead guilty to a lesser offense which is necessarily included in
conference of his case shall be held within ten (10) days after the offense charged. After arraignment but before trial, the
arraignment. (n) 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. (sec. 4, circ. 38-
AM No. 12-11-2-SC
98)

Q: Accused is under preventive suspension?

A: Accused is already in detention. There are 2 kinds of

accused Q: When is the accused allowed to enter a plea of guilty to
a lesser offense?

1) Accused which cannot put up bail

2) Accused where No bail is allowed by the nature of the A:
offense he \committed
1. During arraignment
a. If the offended party is present, the latter
(f) The private offended party shall be required to appear at the
must consent with the prosecutor consented
arraignment for purposes of plea bargaining, determination of
civil liability, and other matters requiring his presence. In case plea; and
b. That the lesser offense is necessarily
of failure of the offended party to appear despite due notice,
included in the offense charged.
the court may allow the accused to enter a plea of guilty to a
lesser offense which is necessarily included in the offense
charged with the conformity of the trial prosecutor alone. (cir. 1-
89)
2. After arraignment but before trial provided the
following requisites are present:
a. The plea of guilty is withdrawn;
b. The plea of not guilty and the withdrawal of
the previous guilty plea shall be made before
Q: Is it necessary of the private complainant to be present trial;
during arraignment of the accused? c. The lesser offense is necessarily included in
the offense charged; and
A: YES d. The plea must have the consent of the
prosecutor and the offended party (Section
2, Rule 116)
Q: If offended party fails to appear despite notice?
Note: No amendment of complaint or
A: They will be personally notified. But if the offended party information is necessary (Sec. 2)
appears, the accused may to enter a plea of guilty to a lesser 3. After prosecution rests- allowed only when the
offense which is necessarily included in the offense charged prosecution does not have sufficient evidence to
with the conformity of the trial prosecutor alone. establish guilt for the crime charged
See:
People vs. Villarama, Jr.,
210 SCRA 246, G.R. No. 99287 June 23, 1992
After the prosecution has rested its case, a change of plea
(g) Unless a shorter period is provided by special law or to a lesser offense may be granted by the judge, after the
Supreme Court circular, the arraignment shall be held within fiscal has submitted his comments, only if there is no
thirty (30) days from the date the court acquires jurisdiction sufficient evidence to establish guilt for the crime charged.
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

Judge made no such finding here.—In the case at bar, the a consequence of plea bargaining, parties to the cases are not
private respondent (accused) moved to plead guilty to a lesser without judicial remedies. Here, SC held however that An
offense after the prosecution had already rested its case. In administrative complaint is not an appropriate remedy where
such situation, jurisprudence has provided the trial court and judicial recourse is still available, such as a motion for
the Office of the Prosecutor with a yardstick within which their reconsideration, an appeal, or a petition for certiorari, unless
discretion may be properly exercised. Thus, in People v. the assailed order or decision is tainted with fraud, malice, or
Kayanan (L-39355, May 31, 1978, 83 SCRA 437, 450), We dishonesty.
held that the rules allow such a plea only when the prosecution
does not have sufficient evidence to establish the guilt of the Q: What is a capital offense?
crime charged.

A: Those punishable with a penalty of Death, RP, or Life

Q: What if the accused decided to enter plea of guilty
imprisonment
during his presentation of evidence?

Q: What is the duty of the court after the accused pleads

A: It is a matter of discretion of the court. Just note the 3
guilty to a capital offense?
instances

A: When the accused pleads guilty to a capital offense, the

court shall:
Section 3. Plea of guilty to capital offense; reception of
evidence. — When the accused pleads guilty to a capital
offense, the court shall conduct a searching inquiry into the 1. Conduct a searching inquiry into the:
voluntariness and full comprehension of the consequences of a. Voluntariness of the plea and
his plea and require the prosecution to prove his guilt and the b. Full comprehension of the consequences of
precise degree of culpability. The accused may present the plea;
evidence in his behalf. (3a) 2. Require the prosecution to prove guilt and the precise
degree of his culpability;
3. Ask the accused if he desires to present evidence in
his behalf and allow him to do so if he desires.
However, the defendant after pleading guilty may not
Q: What is plea bargaining? present evidence as would exonerate him completely
from criminal liability such as proof of self-defense.
A: Plea bargaining in criminal cases is a process whereby the
accused and the prosecution work a mutually satisfactory Note: This procedure is mandatory, and a judge who fails to
disposition of the case subject to court approval. It usually observe it commits grave abuse of discretion.
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.
(Daan v. Sandiganbayan, GR No. 163972-77, March 28,
2008). AUGUST 23, 2016 – Emille Dane Viola

Q: what if the judge would not allow plea bargaining? Rule 116- ARRAIGNMENT & PLEA

A: Remedy is certiorari Section 1. Arraignment and plea; how made. –
 (a) The
accused must be arraigned before the court where the
complaint or information was filed or assigned for trial.
Amante-Descallar vs. Ramas The arraignment shall be made in open court by the judge
or clerk by furnishing the accused with a copy of the
582 SCRA 22 complaint or information, reading the same in the
language or dialect known to him, and asking him whether
he pleads guilty or not guilty. The prosecution may call at
Plea bargaining is a process, in criminal cases, whereby the the trial witnesses other than those named in the
accused and the prosecution work out a mutually satisfactory complaint or information.
disposition of the case subject to court approval.—It is to be
noted that the decision to accept or reject a plea bargaining
agreement is within the sound discretion of the court subject to (b) The accused must be present at the arraignment and
certain requirements of statutes or rules. must personally enter his plea. Both arraignment and plea
shall be made of record, but failure to do so shall not
affect the validity of the proceedings.
In this case, Whether the quantity of shabu in the criminal
cases is covered by the prohibitory provision of Section 20-A is
also within the competence of the trial court judge to pass (c) When the accused refuses to plead or makes a
upon. Should there be an error in the dismissal of the cases as conditional plea, a plea of not guilty shall be entered for
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

him. 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
(d) When the accused pleads guilty but presents
accused may still be allowed to plead guilty to said lesser
exculpatory evidence, his plea shall be deemed withdrawn
offense after withdrawing his plea of not guilty. No
and a plea of not guilty shall be entered for him.
amendment of the complaint or information is necessary.

(e) When the accused is under preventive detention, his

case shall be raffled and its records transmitted to the
judge to whom the case was raffled within three (3) days
from the filing of the information or complaint. The Q: What is meant by plea bargaining?
accused shall be arraigned within ten (10) days from the
date of the raffle. The pre-trial conference of his case shall
be held within ten (10) days after arraignment. A: The accused and the prosecution in a criminal case work
out a mutually satisfactory disposition of the case subject to
court approval.

(f) The private offended party shall be required to appear
at the arraignment for purposes of plea bargaining,
determination of civil liability, and other matters requiring Q: Is the acceptance of the result of plea bargaining
his presence. In case of failure of the offended party to discretionary upon the court? What is the remedy in case
appear despite due notice, the court may allow the of non-acceptance by the judge?
accused to enter a plea of guilty to a lesser offense which
is necessarily included in the offense charged with the A: Yes, incase of non-acceptance certiorari is a remedy.
conformity of the trial prosecutor alone.
Q: When does plea bargaining happen?
(g) Unless a shorter period is provided by special law or
Supreme Court circular, the arraignment shall be held
A: During arraignment, pre-trial and even after prosecution
within thirty (30) days from the date the court acquires
rests its case provided that there is no sufficient evidence by
jurisdiction over the person of the accused. The time of
the prosecution to establish the guilt of the accused.
the pendency of a motion to quash or for a bill or
particulars or other causes justifying suspension of the
arraignment shall be excluded in computing the period. Q: Is the accused still allowed to plea to a lesser offense
once he starts presenting his own evidence?

A:
PURPOSE OF ARRAIGNMENT AND PLEA
Q: Up to what stage is the accused allowed to enter into
plea bargaining?
(1) Double jeopardy to attach 


A: Ordinarily, plea bargaining is made during the pre-trial stage

(2) Court can proceed trial in absentia in case accused of the proceedings. Sections 1 and 2, Rule 118 of the Rules of
absconds 
 Court, require plea bargaining to be considered by the trial
court at the pre-trial conference, viz:
Q: WHERE SHOULD THE ACCUSED BE ARRAIGNED?
SEC. 1. Pre-trial; mandatory in criminal cases. – In
A: The accused must be arraigned before the court where the all criminal cases cognizable by the Sandiganbayan,
complaint was filed or assigned for trial Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court
and Municipal Circuit Trial Court, the court shall, after
Q: Is the presence of the offended party required during
arraignment and within thirty (30) days from the date
arraignment?
the court acquires jurisdiction over the person of the
accused, unless a shorter period is provided for in
A: The presence of the offended party is required, in the special laws or circulars of the Supreme Court, order
absence of the offended party, the arriagnment may still a pre-trial conference to consider the following:
proceed and the accused will be allowed to plea to a lesser
offense. (a) plea bargaining;

(b) stipulation of facts;

Sec. 2. Plea of guilty to a lesser offense. – At arraignment,

the accused, with the consent of the offended party and
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

(c) marking for identification of evidence of the PLEA TO A LESSER OFFENSE

parties;
Q: Assume that accused is charged with homicide and he
(d) waiver of objections to admissibility of pleas guilty to a lesser offense, what crime would
evidence; that be?

(e) modification of the order of trial if the A: An offense that necessarily includes or is necessarily
accused admits the charge but interposes a included in the original offense - serious physical
lawful defense; and injuries

(f) such matters as will promote a fair and

expeditious trial of the criminal and civil aspects
of the case. Q: If he pleas to a lesser offense, would there be a need to
amend the information?

A: No , because it is necessarily included in the higher offense.

SEC. 2. Pre-trial agreement. – All agreements or
admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by Sec. 3. Plea of guilty to capital offense; reception of
the accused and counsel, otherwise, they cannot be evidence. – When the accused pleads guilty to a capital
used against the accused. The agreements covering offense, the court shall conduct a searching inquiry into
the matters referred to in section 1 of this Rule shall the voluntariness and full comprehension of the
be approved by the court. consequences of his plea and shall require the
prosecution to prove his guilt and the precise degree of
culpability. The accused may present evidence in his
behalf.

But it may also be made during the trial proper and even after Q: Why is the duties of the court under Sec. 3 mandatory?
the prosecution has finished presenting its evidence and rested
its case. Thus, the Court has held that it is immaterial that plea
bargaining was not made during the pre-trial stage or that it A: Because the degree of punishment under Sec. 3 is heavy
was made only after the prosecution already presented several and thus there is a need to ascertain whether the
witnesses. accused voluntarily gave his plea and whether or not
he did this on his own accord. Upon the voluntary plea
of guilt, the court should ascertain that the accused
knows the consequences of his plea. And despite the
voluntary plea of guilt, there is still a need for the
Q: Is plea bargaining a matter of right on the part of the prosecution to prove the degree of culpability because
accused? when you say plea of guilt it is a judicial admission of
guilt which results in the admission of all the material
facts alleged in the complaint or information including
A: It is not a matter of right, it is only a privilege it depends on aggravating circumstances. That’s why the
the discretion of the judge and the conformity of the fiscal and prosecution is not relieved of its duty to prove the guilt
the offended party because it is an agreement between the to of the accused.
parties.

Also, the SC ruled that “in order to preclude any room

Q: Manner of arraignment (How) for any room for reasonable doubt in the mind of the
trial court or the Supreme Court on the possibility that
A: there might have been some misunderstanding on the
part of the accused on the nature of the charge to
which he pleaded guilty.
1. In open court (not necessarily in public or before an
audience)

2. By the judge or clerk 
 Q: What is searching inquiry? One of the duties of the
3. By furnishing the accused with a copy of the complaint court is to conduct a searching inquiry when
or 
 information 
 accused pleads guilty to a capital offense.
4. Reading it in the language or dialect known to him 

5. Asking him whether he pleads guilty or not guilty A: In all cases, the judge must convince himself

1. That the accused is entering the plea of

guilty voluntarily 
 and intelligently 

 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

2. That he is truly guilty 
 3. Elicit information about the personality profile of the
3. That there exists a rational basis for a finding accused, such as his age, socio-economic status, and
of guilt 
 based on his testimony educational background, which may serve as a trustworthy
index of his capacity to give a free and informed plea of guilty.
The judge must inform the accused of the exact length 
 of
imprisonment and the certainty that he will serve it at 4. Inform the accused the exact length of imprisonment or
the national penitentiary or a penal colony. The judge nature of the penalty under the law and the certainty that he
must dispel any false notion that the accused may will serve such sentence. For not infrequently, an accused
have that he will get off lightly because of his plea of pleads guilty in the hope of a lenient treatment or upon bad
guilty. advice or because of promises of the authorities or parties of a
lighter penalty should he admit guilt or express remorse. It is
PP v Dayot GR No. 88281 July 20, 1919 the duty of the judge to ensure that the accused does not labor
under these mistaken impressions because a plea of guilty
carries with it not only the admission of authorship of the crime
SC ruled that in conducting a searching inquiry the ff must proper but also of the aggravating circumstances attending it,
be present: that increase punishment.

(3) the accused, in pleading guilty, is doing so voluntarily, 5. Inquire if the accused knows the crime with which he is
and charged and fully explain to him the elements of the crime
which is the basis of his indictment. Failure of the court to do
(4) he, in so doing, is truly guilty, and that there exists a so would constitute a violation of his fundamental right to be
rational basis for a finding of guilt, based on his informed of the precise nature of the accusation against him
testimony. and a denial of his right to due process.

A "searching inquiry," under the Rules, means more than 6. All questions posed to the accused should be in a language
informing cursorily the accused that he faces a jail term known and understood by the latter.
(because the accused is aware of that) but so also, the exact
length of imprisonment under the law and the certainty that he 7. The trial judge must satisfy himself that the accused, in
will serve time at the national penitentiary or a penal colony. pleading guilty, is truly guilty. The accused must be required to
Not infrequently indeed, an accused pleads guilty in the hope, narrate the tragedy or reenact the crime or furnish its missing
as we said, of a lenient treatment, or upon a bad advice or details.
promises of the authorities or parties of a lighter penalty should
he admit guilt or express "remorse". It is the duty of the judge
PP v Nadera 324 SCRA 490 & PP v Dimson GR No. 132059
to see that he does not labor under these mistaken
impressions, because a plea of guilty carries with it not only the
admission of authorship of the crime proper but also of the NB: Under the present rule, it requires the presentation of
aggravating circumstances attending it, that increase evidence on the part of the prosecution. We said that the
punishment. prosecutions not relieved of its duty in proving the guilt of the
accused beyond reasonable doubt.
The purpose is whether or not the accused fully understood the
consequences of his plea. Q: Why is the reception of evidence on the part of the
prosecution mandatory? Assuming that the prosecution
did not present their evidence, what is its effect on the
PP v Pastor 379 SCRA 181 : Guidelines on how a judge must
plea made by the accused?
conduct a searching inquiry:

A: The plea of the accused is deemed inefficacious (void)-

1. Ascertain from the accused himself (a) how he was brought
not producing any effect, this is called an improvident plea.
into the custody of the law; (b) whether he had the assistance
of a competent counsel during the custodial and preliminary
investigations; and (c) under what conditions he was detained IMPROVIDENT PLEA- It is a plea involuntarily made and
and interrogated during the investigations. This is intended to without consent
 It would be considered if there was failure to
rule out the possibility that the accused has been coerced or conduct searching
placed under a state of duress either by actual threats of
physical harm coming from malevolent quarters or simply
inquiry, failure of prosecution to present evidence, and
because of the judge's intimidating robes.
therefore no rational basis between testimony and guilt.

2. Ask the defense counsel a series of questions as to whether

That’s why the law still mandates the prosecution to present
he had conferred with, and completely explained to, the
evidence to prove the guilt of the accused.
accused the meaning and consequences of a plea of guilty.

PP v Petalcorin 180 SCRA 685:

 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

GENERAL RULE: Effect of improvident plea: "As a rule, this court may permit an improvident plea of guilty to be
Court has set aside convictions based on pleas of guilty in withdrawn and be substituted by a plea of not guilty.
capital offenses because of improvidence of the plea only
when such plea is the sole basis of the judgment of the
condemnatory judgment.” NB: The tenor of above provision is clear. There should be a
categorical declaration from the accused that he is withdrawing
his plea of guilty and substituting it with a plea of not guilty.
EXCEPTION: Where there is adequate evidence on the record
on which to predicate the conviction of the accused.
Provided that the judgment of conviction is not yet final, the
accused can withdraw his improvident plea of guilty and can
RECEPTION OF EVIDENCE ON THE PART OF THE substitute it for a plea of not guilty.
PROSECUTION
Q: When does judgement of conviction attain finality?
Q: Is it still necessary to have a trial since accused already
will plea guilty? The rules of court provides that the
prosecution still has to present evidence, will this be a full A: judgment becomes final:
blown trial?
1.after the lapse of time for perfecting an appeal;
For example in a murder case, the accused pleas guilty, is
there a need for the prosecution to prove the guilt beyond 2.when the sentence has been partially or totally
reasonable doubt? Assuming that the prosecution has 10 satisfied;
witnesses, is it necessary for the prosecution to present all
of them in court?
3. when the accused has expressly waived in writing his
right to appeal; or
A: Yes, it is still necessary regardless of the plea of guilt
because of the presumption of innocence up to that stage.
4.when the accused has applied for probation.
What is needed here is proof beyond reasonable doubt.

Q: Based on jurisprudence, a plea of guilty cannot be

Q: As distinguished from a petition for bail, if the accused
collaterally attacked, what is meant by this?
is charged of a capital offence, where bail is a matter of
discretion, prosecution still has to present evidence, is
this the same of evidence? A: The plea of guilt of the accused may only be challenged in a
direct proceeding which has for its object is to
question the validity of the plea of guilt of the accused.
A: No. In bail, when the prosecution presents its evidence it
need not prove the guilt of the accused beyond reasonable
doubt. Q: When an accused pleas guilty, he admits the facts in
the information, does this include the aggravating and
qualifying circumstance?

A: Yes. Having pleaded guilty to the information, these

Sec. 4. Plea of guilty to non-capital offense; reception of aggravating circumstances were deemed fully established, for
evidence, discretionary. – When the accused pleads guilty the plea of guilty to the information covers both the crime as
to a non-capital offense, the court may receive evidence well as its attendant circumstances qualifying and/or
from the parties to determine the penalty to be imposed. aggravating the crime.

Q: What is the rule when he pleads guilty to a non-capital This is why for a capital offense, the prosecution still has to
offense? prove his guilt beyond reasonable doubt.

A: The county may receive evidence Withdrawal of Improvident plea: before judgment of conviction
attains finality. Take note, the same is discretionary on the part
Q: Why is this still necessary? of the court whether they will allow the withdrawal of the plea.

A: In order for the court to determine the imposable penalty. Sec. 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 counsel of his choice,
Sec. 5. Withdrawal of improvident plea of guilty.– At any the court must assign a counsel de officio to defend him.
time before the judgment of conviction becomes final, the
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

Q: What are the duties of the court under Section 6? is allowed because a defendant in a criminal case who
believes that he is not sufficiently informed of the crime with
A: 1. It must inform the defendant that he has a right to an which he is charged and is not in a position to defend himself
properly and adequately could move for a bill of particulars or
attorney before being arraigned 

specifications.

2. After informing him, the court must ask the defendant

This is for clarification.
if he desires to have the aid of an attorney 


Q: What is your remedy against the order of the court

3. If he desires and is unable to employ an attorney, the
denying the motion for Bill of Particulars?
court must assign an attorney de officio to defend him


A: Proceed with arraignment and raise the lack of bill of
particulars on appeal, certiorari would take too long.
4. If the accused desires to procure an attorney of his
own, the court must grant him a reasonable time to
procure one

NB: Accused cannot be arraigned without counsel. It is part of Sec. 10. Production or inspection of material evidence in
the accused’s right to due process (PP v Pulgado) possession of prosecution. – Upon motion of the accused
showing good cause and with notice to the parties, the
court, in order to prevent surprise, suppression, or
Sec. 7. Appointment of counsel de officio. – The court,
alteration, may order the prosecution to produce and
considering the gravity of the offense and the difficulty of
permit the inspection and copying or photographing of
the questions that may arise, shall appoint as counsel de
any written statement given by the complainant and other
officio such members of the bar in good standing who, by
witnesses in any investigation of the offense conducted by
reason of their experience and ability, can competently
the prosecution or other investigating officers, as well as
defend the accused. But in localities where such members
any designated documents, papers, books, accounts,
of the bar are not available, the court may appoint any
letters, photographs, object, or tangible things not
person, resident of the province and of good repute for
otherwise privileged, which constitute or contain evidence
probity and ability, to defend the accused.
material to any matter involved in the case and which are
in the possession or under the control of the prosecution,
Q: Can an attorney refuse to assist an accused as counsel police, or other law investigating agencies.
de officio during arraignment?
RIGHT TO MODES OF DISCOVERY - It is the right of the
A: No, it is part of the lawyer’s oath, and refusal may lead to accused to move for the production or inspection of material
being cited in contempt of court. evidence in the possession of the prosecution. The purpose is
to prevent surprise to the accused and the suppression or
alteration of evidence.
Sec. 8. Time for counsel de officio to prepare for
arraignment. – Whenever a counsel de office is appointed
by the court to defend the accused at the arraignment, he Q: What will you file in court in order to avail of modes of
shall be given a reasonable time to consult with the discovery?
accused as to his plea before proceeding with the
arraignment. A: It is only through a motion

The law provides that he shall be given a reasonable time to

consult with the accused as to his plea before proceeding with
the arraignment.
Q: When is modes of discovery in criminal procedure
available?
Reasonable time- depends on the gravity of the offence
charged against accused, but normally in practice it would be
5- 10 minutes. A: Available during preliminary investigation and at any
stage during trial. It is available during PI pursuant to the case
of Webb v De Leon.
Sec. 9. Bill of particulars. – The accused may, before
arraignment, move for a bill of particulars to enable him
properly to plead and prepare for trial. The motion shall Sec. 11. Suspension of arraignment. – Upon motion by the
specify the alleged defects of the complaint or information proper party, the arraignment shall be suspended in the
and the details desired. following cases:

(a) The accused appears to be suffering from an unsound

Before arraignment, you file a motion for Bill of Particulars. This
 RULES OF CRIMINAL PROCEDURE
Lectures of Atty. Catherine M. Guerzo
2 Manresa 2016

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.

Q: If accused becomes insane at the time of arraignment

what would happen?

A: The arraignment will be suspended.

Q: What if the accused becomes insane after arraignment?

A: Trial will be suspended.

Q: What if he becomes insane when there is already a

judgment of conviction?

A: Memorize Juridical effects of insanity (Bar Q):

1. If present at the time of the commission of the crime –

EXEMPT from liability.
2. If present during trial – proceedings will be
SUSPENDED and accused is committed to a mental
institution.
3. After judgment or while serving sentence – Execution
of judgment is SUSPENDED, the accused is
committed to a mental institution. The period of
confinement in the mental institution is counted for the
purpose of the prescription of the penalty.

Sec. 11(c). Only 60 days is allowed for suspension of

arraignment of the accused. On the 61st day, set the
arraignment.