RULE 1l16

Arraignment and Plea 267

RULE 116 The accused shall be arraigned within ten

ARRAIGNMENT AND PLEA from the date of the raffle. The pre-trial (10) days
of his case
shall be held within ten (10) conference
days after
Section 1. Arraignment and plea; how made. arraignment. (n)

(a) The accused must be arraigned before the The private oftended party shall be required to
where the complaint or information was court appear at the arraignment for
purposes of plea
assigned for trial. The arraignment shall be
filed or bargaining, determination of civil
liability, and
open court by the judge or clerk by
made in matters requiring his presence. In case of failureotherof
accused with a copy of the complaint or furnishingthe the offended party to appear despite due notice, the
reading the same in the language or dialect information, court may allow the accused to enter a plea of guilty
him, and asking him whether he pleads guiltyknown Or not
to to alesser offense which is necessarily included in the
guilty. The prosecution may call at the trial offense charged with the conformity of the trial
other than those named in the complaint or witnesses prosecutor alone. (cir. 1-89)
information. lo) Unless a shorter period is provided by special law
(b) THhe accused must be present at the arraignment
and must personally enter his plea. Both or Supreme Court circular, the arraignment shall be
arraignment
and plea shall be made of record, but failure to d held within thirty (30) days from the date the court
shallnot affect the validity of the proceedings. acquires jurisdiction over the person of the accused.
The time of the pendency of a motion to quash or for
(c) When the accused refuses to plead or makes a 9 bill of particulars or other causes justifying
conditional plea, a plea of not guilty shall be entered suspension of the arraignment shall be excluded in
for him. (1a) computing the period. (sec. 2, cir. 38-98)
(d) When the accused pleads guilty but presents WHAT IS ARRAIGNMENT?
exculpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be entered Araignment is the fomal mode and manner of implementing
for him. (n) the constitutional right of an accused to be informed of the
(e) When the accused is under preventive detention, nature and cause of the accusation against him 8
his case shall be raffled and its records transmitted to It is the initial step in a criminal prosecution whereby the
the judge to whom the case was raffled within three defendant is brought before the court to hear the charges and
(3) days from the filing of the information or complaint. to enter a plea 399

266 Taglay vs. Daray, 678 SCRA 640, G.R. No. l64258 August 22, 2012.
D Black's Law Dictionary, 10" Edition.
 PR0CEDURE RULE 116
RULES ON CRIMINAL 269
268 ANNOTATED
Arraignment and Plea

BASIS OF THE IMPORTANCE OF ARRAIGNMENT The prosecution may call at the trial witnesses other than

The impotance of araignment is based on the constitutional those

named in the complaint or information.

right of the
accused to be informed. Procedural due WHO ARE REQUIRED TO BE PRESENT DURING
requires that the
accused be arraigned so that he process
indictment, the specific may be
ARRAIGNMENT?

reason for his

he is bound to face, and the corresponding penalty thatcharges
informed of the 1. The ACCUSED MUST BE PRESENT at the
could
be possibly meted against him. It is at this stage that the arraignment and must personally enter his plea. Both
accused. for the first time, is
given the opportunity to arraignment and plea shall be made of record, but
the know
precise charge that confronts him. It is only 1mperative failure to do so shall not affect the validity of
that he is thus made fully aware of the possible loss of the proceedings.
on the nature of
freedom, even of his life, depending
400
the The private offended party shall be required to
imputed crime. appear at the arraignment for purposes of plea
As an indispensable requirement of due process, an bargaining, determination of civil liability, and
arraignment cannot be regarded lightly or brushed aside other matters requiring his presence. In case of
peremptorily. Otherwise, absence of arraignment results in the failure of the ofYended party to appear despite due
401
nullity of the proceedings before the trial court, notice, the court may allow the accused to enter a
plea of guilty to a lesser offense which is necessarily
HOW ARRAIGNMENT IS CONDUCTED? included in the offense charged with the conformity
of the trial prosecutor alone.
The accused must be arraigned betore the court where
the complaint or information was filed or assigned for trial: PLEA OF NOT GUILTY WILL BE ENTERED:
A
1. In open court where the complaint or information has 1. When the accused enters a plea of not guilty:
been filed or assigned for trial;
2. When the accused refuses to plead or makes a
2. By the judge or clerk of court; conditional plea, a plea of not guilty shall be entered
3. By furnishing the accused with a copy of the for him.
complaint or information; 3. When the accused pleads guilty but presents exculpatory
4. Reading the same in the language or dialect known evidence, his plea shall be deemed withdrawn and a
to him: and plea of not guilty shall be entered for him.
5. Asking him whether he pleads guilty or not guilty.

40
Kummer vs People, 705 SCRA 490, G.R. No. 174461 September 11,2013.
Taglay vs. Duray, Ibid
 PROCEDURE RULE 116
RULES ON CRIMINAL 271
270 ANNOTATED Arraignment and Plea

WAIVER OF READING OF THE INFORMATION:02 a bill of particulars or other causes justifying suspension
of the arraignment shall be excluded in computing
waiver of the
The court may allow a read1ng ofthe the period.
information if:
SCHEDULE
OF ARRAIGNMENT AND PRE-TRIAL
1. there are multiple cases,
2. there is personal examination of the: accused bythe court, Once thecourt has acquired jurisdiction over the person
of the accused, the arraignment of the accused and the pre-
full understanding and express consent of the accused trial shal! be set within ten (10) calendar days from date of the
and his counsel, court's receipt of the case for a detained accused, and within
4. Such consent is cxpressly stated in both the minutes thirty (30) calendar days from the date the court acquires
(either by arrest or voluntary surrender) over a
certificate of arraignment and order of arraignment,
jurisdiction

non-detained accused, unless a shorter period is provided by

5. the court shall explain the waiver to the accused in 403
Snecial law or Supreme Court circular
Janguage/dialect known to him and ensure his 6i a The court must set the arraignment of the accused in the
understanding of the consequences commitment order, in the case of detained accused, or in the
ARRAIGNMENT SHOULD BE HELD order of approval of bail, in any other case. For this purpose,
where the Executive Judge and Pairing Judges act on bail
1. When the accused is under preventive detention applications in cases assigned to other courts, they shall
coordinate with the courts to which the cases are actually
A. his case shall be raffled and its records assigned for schedul1ng purposes.
404

iransmittcd to the judge to whom the case was

raffled within three (3) days from the filing of NOTICE OF ARRAIGNMENT AND PRE-TRIAL
the information or complaint.
Notice of arraignment and pre-trial shall be sent to the
b. The accused shall be arraigned within ten (10)
days from the date of the raffle. accused, his/her counsel, private complainant or complaining
law enforcement agent, public prosecutor, and witnesses
C. The pre-trial conference of his case shall be held whose names appear in the information for purposes of plea
within ten (10) days after arraignment. bargaining, arraignment and pre-trial.0s
2. Unlessa shorter period is provided by special law or Section 2. Plea of guily to a lesser offense. At arraignment,
Supreme Court circular, the arraignment shall be the accused, with the consent of the offended party and the
held within thirty (30) days from the date the court prosecutor, may be allowed by the trial court to lead
acquires jurisdiction over the person of the accuscd.
The time of the pendency of a motion to quash or for AM No |5-06-10-SC, IIl No. 8(a).
Ibid.
e A.M No 15-06-10-SC, III No, 8tc). A.N No 15-(06-10-SC, III No. 8(b).
 PROCEDUR p RULE 116 273
CRIMINAL
RULES ON ANNOTATED
Arraignment and Plea
272

guilty to0 a lesser offense which is necessarily included in to plead guilty

to a lesser offense, regardless of
allowed
included or not in the crime charged07
the offense charged. After arraignment but before trial, whether it is
the accused may still be allowed to plead guilty to said Under this mechanism, the accused is permitted to plead
lesser offense after withdrawing his plea of not guilty. No offense that is equivalent to a judicial
to a lesser
or information is guilty
admission while the prosecution obtains a final judgment of
amendment ofthe complaint
38-98)
necessary. Conviction without proof. To ensure that the ends of plea
(sec. 4, circ.
LESSER OFFENSE
naining are achievea, the trial court independently assesses
PLEAOF GUILTY TO A merits of the plea-bargaining proposal of the accused.
Therefore, the approval or denial of the plea bargaining.
1. At arraignment, the accused, with the consent of the
regardless of the mutual consent of the parties, is strictly
offended party and the prosecutor, may be allowed
the sole power and discretion of the court.
408
by the trial court to plead guilty to a lesser offense within
which is necessarily included in the offense charged. It is an essential component of the administration of
justice. An accused enters into a plea-bargaining agreement
2. After arraignment but before trial, the accused m
may
his/her guilt with the hope of securing a more
still be allowed to plead guilty to said lesser offensa byadmitting
lenient punishment, and possibly probation, should the offer
after withdrawing bis plea of not guilty. approved by the court. As such, the tedious
and
be accepted
In case of plea of guilty to a lesser offense no amendment o process and protracted trial is shortened and the accused is
the complaint or information is necessary promptly given a chance at rehabilitation, redemption and
reintegration to society. In the same way, plea bargaining
lhustration: Mario was charged of Frustrated Homicide in the benefits the State as the prosecution secures a final conviction
RTC of Imus, Cavite. During his arraignment, he told hie with very minimal to nil use of its time and resources. Plea
counsel that he intends to plead guilty to a lesser offense of
Attenpted Homicide. Maria, the private complainant, who was
hargaining in criminal cases is clearly a procedural mechanism
geared towards promoting an efficient, inexpensive and speedy
present, gave her consent to the said offer. When arraigned 409
disposition of cases.
Mario entered a plea of guilty to a lesser offense of Attempted
Homicide and a judgment will be rendered immediately. REQUISITES OF PLEA BARGAINING
PLEA BARGAINING
Section 2, Rule 116 of the Rules of Court presents the
Plea bargaining in criminal cases, is a process whereby basic requisites upon which plea bargaining may be made, i.e.
the accused and the prosecution work out a mutually satisfactory
disposition of the case subject to court approval." It is clear
from the Rule that an accused in a criminal case may be *" Heirs of Mario Gevero vs. Guihing Agricultural &Development Corporation, 499
SCRA 301, G.R. No. 122619 August I8, 2006.
People vs. Montierro y Ventocilla, GR. Nos. 254564, 254974, A M. No. 21-07-16
SC&A M. No. I8-03-16-SC, [July 26, 2022]
People vs, Villarama, Jr.. 210 SCRA 246. G.R. No. 99287 June 23, 1992 19 bd.
 RULESON CRIMINAL PROCEDURR
274 ANNOTATED RULE 116
Arraignment and Plea 275

1. That it should be with the consent of the OF PLEA

party and the prosecutor, and offended APPLICABILITY

BARGAINING!3
2. That the plea of guilt should be to a lesser
A Plea Bargaining Except in Drug Cases. - If
the
accused desires t0 enter a plea of guilty to a lesser
which is necessarily included in the offense . offense
The rules however use word may in the second charged. offense, plea bargaining shall immediately proceed.
nrovided the private offended party
sentence
of Section 2, denoting an exercise of
the trial court on whether to allow the
disscretion
upon Or
in private crimes,
the arresting officer in victimless crimes,
is
make such plea.10 accused to to give his/her
present
consent with the conformity
of the public prosecutor to the plea
TAKE NOTE: Thereafter, judgment shall be immediatelybargaining.
rendered
in the same proceedings.
1. Trial courts are exhorted to keep in mind that
lighter offense a B. Plea of Guilty to the Crime Charged in the
plea of guilty for a than that
actually
charged is not supposed to be allowed Information. If the accused pleads guilty to
as a matter
crime charged in the information, judgment shall the
of bargaining or, compromise for the convenience be
of the accused. It may also be made immediately rendered, except in those cases involving
trial proper and even after the prosecution hasduring the
finished
capital punishment.
presenting its evidence and rested its case. Thus, GWhere No Plea Bargaining or Plea of
the Supreme Court has held that it is immaterial Takes Place. - lf the accused does not enter Guiltya plea
that plea bargaining was not made during the pre. of guilty, whether to a lesser offense or to the offense
trial stage or that it was made only after the charged in the infomation, the court shall immediately
prosecution already presented several witnesses. proceed with the arraignment and the pre-trial, in
2. Further, there is nothing in the law which expressty accordance with the succeeding provisions on pre-trial.
or impliedly prohibits the trial court from allowing GUIDELINES FOR PLEA BARGAINING IN DRUGS
an accused to change his plea, on a plea bargain, CASES14
immediately after aprevious plea of not guilty Ih
approving the plea-bargaining agreement, the trial 1. Offers for plea bargaining must be initiated in
court undoubtedly took into consideration the writing by way of a formal written motion filed by
timeliness of the plea bargaining and its compliance the accused in court.
with the requirements of the law.12
2. The lesser offense which the accused proposes to
plead guilty to must necessarily be included in the
offense charged.
410

411
Daan vs. Sandiganbayan, G.R. Nos. 163972-77, [March 28, 2008]. Revised Guidelines for Continuous Trial of Criminal Cases, A. M No. 15-06-10-SC
Ibid
4)2 (Resolution), [April 25, 2017]).
Bug-atan vs People, 630 SCRA 537, G.R. No. 175195 September 15, 2010 People vs. Montierro y Ventoc1lla, supra.
 CRIMINAL PROCEDURE RULE 116
RULES ON A NNOTATED
277
276 Arraignment and Plea

proposal for plea rehabilitation but had a relapse, or has been charged
3. Upon receipt of the
is compliant with the
bargaining that
provisions of the Plea many times; or (b) when the evidence of guilt is strong
Framework in Drugs Cases, the judge shall
assessment be
Barordergaintihnatg Plea bargaining in drugs cases shall not be allowed
a drug dependency
the accused admits drug use,
administered.
or denies but
is
If when the proposed plea bargain does not conform
then found to the Court-issued Plea Bargaining Framework
positive after a drug dependency test, he/she shall in Drugs Cases.
undergo treatment and rehabilitation for perioda of
not less than six (6) months. Said period shall be 7 Judges may overrule the objection of the prosecution if
credited to his/her penalty and the period of hisher it is based solely on the ground that the accused's
after-care and follow-up program if the penalty plea-bargaining proposal is inconsistent with the
unserved. If the accused is found
is
still negative acceptable plea bargain under any internal rules
drug use dependency, then he/she will be released foron or guidelines of the DOJ, though in accordance
time served, otherwise,
he/she will serve with the plea-bargaining framework issued by the
his/her
sentence in jail minus the counselling period at
Court, if any
rehabilitation center.
8 If the prosecution objects to the accused's plea
4. As a rule, plea bargaining requires the mutyol bargaining proposal due to the circumstances enumerated
agreement of the parties and remains subject to in item no. 5, the trial court is mandated to hear
the approval of the court. Regardless of the muhuol the prosecution's objection and rule on the merits
agreement of the parties, the acceptance of the offer thereof. If the trial court finds the objection meritorious, it
to plead guilty to a lesser offense is not demandable shall order the continuation of the criminal proceedings.
by the accused as a matter of r1ght but is a matter
9. If an accused applies for probation in offenses
addressed entirely to the sound discretion of the court. punishable under RA No. 9165, other than for illegal
a. Though the prosecution and the defense may drug trafficking or pushing under Section 5 in relation
agree to enter into a plea bargain, it does not to Section 24 thereof, then the law on probation
follow that the courts will automatically approve shall apply.
the proposal. Judges must still exercise sound
discretion in granting or denying plea bargaining, Section 3. Plea of guilty to capital otense; reception of
taking into account the relevant circumstances. evidence. When the accused pleads guilty to a capital
including the character of the accused. offense, the court shall conduct a searching inquiry into
the voluntariness and full comprehension of the consequences
5. The court shall not allow plea bargaining if the of his plea and require the prosecution to prove his guilt
objection to the plea bargaining is valid and supported and the precise degree of culpability. The accused may
by evidence to the effect that: (a) the offender is a present evidence in his behalf. (3a)
recidivist, habitual offender, known in the community
as a drug addict and a troublemaker, has undergone
 RULES ON CRIMINAL PROCEDURE
278 ANNOTATED RULE 116
Arraignment and Plea 279

PLEA OF GUILTY TO A CAPITAL OFFENSE evidence, the defendant having himself

necessary proof. supplied the
When the accused pleads guilty to a capital
The court shall conduct a searching inquiry into offense: 3. There is nothing in the law in this
jurisd1ction which
voluntariness and (1i) full comprehension of the the () forbids the introduction of evidence as to
of his plea and require the prosecution to prove his guilt consequences he accused, and the
circumstances
the guilt of
attendant upon
The accused and the commission of the crime,
the precise degree of culpability. may present after the entry of a plea
evidence in his behalf. of "guilty."
There are three (3)-fold duty of the trial court 4. Having in mind the danger of the entry of improvident
instances where the accused pleads guilty to a in pleas of "guilty" in criminal cases, the prudent
capital offense and
is as follows.*"415 adyisable course, especially in cases wherein
grave
crimes are charged, is to take additional evidence as
1 Conduct a searching inquiry as to the acCused'). to the guilt of the accused and the
voluntariness andfull comprehension of the circumstances
of his plea,
consequenNces attendantupon the commission of the crime.
5 The better practice would indicate that, when practicable.
2. Require the prosecution to prove the accused's onilk such additional evidence should be sufficient to
and precise degree of culpability, and sustain a judgment of conviction independently of
the plea of guilty, or at least to leave no room for
3. Allow the accused to present evidence on his behalf reasonatble doubt in the mind of either the trial or the
GUIDELINES WHEN PLEA OF GUILT TO A GRAVE appellate court as to the possibility of a misunderstanding
on the part of the accused as to the precise nature of
CRIME IS ENTERED (JAMAD GUIDELINES)!6 the charges to which he pleaded guilty.
1. The essence of the plea of guilty in a criminal trial is 6. Notwithstanding what has been said, it lies in the
that the accused, on arraignment, admits his guilt sound judicial discretion of the trial judge whether he
freely, voluntarily, and with full knowledge of the will take evidence or not in any case wherein he is
consequences and meaning of his act, and with a satisfied that a plea of "guilty" has been entered by
clear understanding of the precise nature of the crime the accused, with full knowledge of the meaning and
or crimes charged in the complaint or information. consequences of his act.
2. Such a plea of guilty, when formally entered on 7. But in the event that no evidence is taken, this court.
arraignment, is sufficient to sustain a conviction of if called upon to review the proceedings had in the
any offense charged in the information, even a court below, may reverse and send back for a new
capital offense, without the introduction of further trial, if, on the whole record, a reasonable doubt
arises as to whether the accused did in fact enter the
* People vs Pagal, 9$6 SCRA 218, G.R, No. 241257 September 29, 2020.
People vs. Pagal, 956 SCRA 218, GR. No. 241257 September 29, 2020 ciling U.S v plea of "guilty" with full knowledge of the meaning
Jamad (Jamad) 37 Phil. 305 (1917). and consequences of the act.
 PROCEDURE RULE 1 16
CRIMINAL
RULES ONANNOTA Arraignment and Plea 281
TED
280

INQUIRY?
3. Elicit information about the personality profile of the
accused, such as his age, socio-economic status, and
SEARCHING
WHAT IS
Searching inquiry is the duty of the trial court educational background, which may serve as a
conduct the requisite searching inquiry in such a way as trustworthy index of his capacity to give a free and
would indubitably show that appellant had made not only a informed plea of guilty.
clear, definite and unconditional plea, but that he did So with a
4 Informthe accused the exact length of imprisonment
well-infomed understanding and full realization of the or nature of the penalty under the law and the certainty
consequences thereof- 417 he faces a jail term but also, the
he will serve such sentence. Not
exact length of imprisonment under the law and the certainty that
infrequently
indeed an accused pleads guilty in the hope of a
that he will serve time at the national penitentiary or a penal
colony. The searching inquiry of the trial COurt must be lenient treatment or upon bad advice or because of
focused on: (1) the voluntariness of the plea, and (2) the full promises of the authorities or parties of a lighter
of the plea.
418 penalty should he admit guilt or express remorse. It
comprehension of the consequences is the duty of the judge to see to it that the accused
INQUIRY419 does not labor under these mistaken impressions.
GUIDELINES IN SEARCHING

While there is no cast-iron rule as to how a judge may 5. Require the accused to fully narrate the incident that
conduct a searching inquiry," the Supreme Court outlined the spawned the charges against him or make him reenact
the manner in which he perpetrated the crime, or
following guidelines in a throng of cases:
cause him to supply missing details of significance.
1. Ascertain from the accused himself (a) how he wa
brought into the custody of the law; (b) whether he 6. All questions posed to the accused should be in a
had the assistance of a competent counsel during the language known and understood by the latter.
custodial and preliminary investigations; and (c) under 7. The trial judge must satisfy himself that the accused.
what conditions he was detained and interrogated inpleading guilty, is truly guilty. The accused must
during the investigations. These the court shall do in be required to narrate the tragedy or reenact the
order to rule out the possibility that the accused has crime or furnish its missing details.
been coerced or placed under a state of duress by
actual threats of physical harm coming from malevolent Section 4. Plea of guilty to non-capital ofense; recepion of
or avenging quarters. evidence, diseretionary. When the accused pleads guilty
2. Ask the defense counsel a series of questions as to to a non-capital offense, the court may receive evidence
whether he had conferred with, and completely explained from the parties to determine the penalty to be imposed. (4)
to, the accused the meaning and consequences of a
plea of guilty. PLEA OF GUILTY TOA NON-CAPITAL OFFENSE
41
People vs Estomaca, 256 SCRA 421, G.R. Nos. I17485-86 April 22, 1996. When the accused pleads guilty to a NON-CAPITAL
419
People vs. Pagal, supra. OFFENSE, the court may receive evidence from the parties
People vs. Aguilar, 548 SCRA 663. G.R. No, 172868, March 14, 2008.
 PROCEDURE
RULES ON CRIMINAL RULE I16
282 ANNOTATED
Arraignment and Plea 283

penalty to be imposed. The

to determine the
evidence is discretionary with the
court20 reception of An exception to this is
improvident
when,
despite the existence of ant
plea, a conviction will not be disturbed
presented sufficient evidence when the
Section S. Withdrawal of
inprovident plea of guilty. - prosecution

guilt of the accused beyond

the
during trial to
any time before the judgment of conviction becomes final, At prove
reasonable doubt, The
rules, however, shifted the focus
improvident plea of guilty to existing from the
the court may permit an of not guilty. be the plea to whether evidence was presented during thenature
trial toof
withdrawn and be substituted by a plea (5) prove the guilt of the accused 425
IMPROVIDENT PLEA?
WHAT IS AN WITHDRAWAL OF IMPROVIDENT PLEA
OF GUILTY
An improvident plea is one without proper
as to all the circumstances affecting it; based upon information
..ony time before the judgment of
a Mistaken conviction becomes
information/advice i21 final, the court may permit an improvident plea of
guilty to
pleas of guilt on the part of an accused where graveImprovident
assumption or misleading be
crimes are be withdrawn and substituted by aplea of not guilty.
involved since the accused might be admitting his guilt before Convictions based on an improvident plea of guilt are set
the court and thus forfeiting his life and liberty without having aside only if suchplea is the sole basis of the judgment. If the
fully understood the meaning, significance and consequence rial court relied on surficient and credible evidence to convict
of his plea,122 aneused. the conviction must be sustained. because then it
is nredicated not merely on the guilty plea of the accused but
While it is true that convictions based on an improvident on evidence proving his commission of the offense charged.
plea of guilt are indeed set aside if the plea is the sole basis of
the judgment, it does not automatically result in the acauitsl Section 6. Duty of court to inform accused of his right to
of the accused. Rather, the case is remanded
423
to the lower cour counsel. Before arraignment, the court shall inform the
for compliance with Sec. 3, Rule 116. accused of his right to counsel and ask him if he desires to
The conviction of the accused simply depends on whether have one. Unless the accused is allowed to defend himself
the plea of guilty to a capital offense was improvident or not. in person or has employed a counsel of his choice, the
An indubitable admission of guilt automatically results to a court must assign a counsel de oficio to defend him. (6a)
conviction. Otherwise, a conviction on the basis of an improvident DUTY OF THE COURT
plea of guilt, on appeal, would be set aside and the case would
be remanded for presentation of evidence.*24
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
42
has employed a counsel of his choice, the court must assign a
42
People vs. Flores, supra. counsel de oficio to defend him.
Black's Law Dictionary, 10 edition.
422

423
People vs. Pagal, supra.
IbËd A)5 bid
424 426
lbid
People vs. Baharan, 639 SCRA IS7, G.R. No. I88314, January 10, 2011.
 CRIMINAL PROCEDURE RULE 116
RULES ON A N N O T A T E D Arraignment and Plea 285
284

When adefendant appears at the arraignment without oficio only such members of the bar in good standing who,
duties to comply with:27 an of their experience and ability, can competently
court has four important by
reason

defend the accused. But in localities where such members

attorney,the
1. It must inform the defendant that it is his right to
available, the court may
are not
of the resident of the province and of good appoint
bar
have an attorney
before being arraigned; person, repute any
for
2. After giving him such information, the cOurt must probityand ability, to defend the accused. (7a)
desires the aid of: attorney;
ask himifhe OF COUNSEL DE OFICIO
A P P O I N T M E N T

3. If he desires and is unable to employ attomey, the court

must assign [an] attoney de oficio to defend him; and The couut, considering the gravity of the offense and the
difficulty of the questions that may arise, shall appoint as
4. If the accused desires to procure an attorney of his counsel de oficio only such members of the bar in good
Own the court must grant him a reasonable time therefor. standing who, by reason of their experience and ability, can

TAKE NOTE:
competently defend the accused. But in localities where such
members of the bar are not available, the court may appoint
1.Compliance with these four duties is mandatory 428 person, resident of the province and of good repute for
any defend the accused.
probity and ability,
to
2. The only instance when the court can arraign an
accused without the benefit of counsel is if the Section 8. Time for counsel de oficio to prepare for
accused waives such right and the court, finding arraignment. Whenever a counsel de oficio is appointed
the accused capable, allows him to represent hy the court to defend the accused at the arraignment, he
himself in person. However, to be a valid waiver. hallbe given a reasonable time to consult with the accused
the accused must make the waiver voluntarily,. as to his plea before proceeding with the arraignment. (8)
knowingly, and intelligently. In determining whether
the accused can make a valid waiver, the court PREPARATION FOR ARRAIGNMENT
must take into account all the relevant circumstances.
including the educational attainment of the accused. 1. Whenever a counsel de oficio is appointed by the court
In the present case, however, respondent judge contends to defend the accused at the arraignment, he shall be
that complainants waived their right to counsel given a reasonable time to consult with the accused
429
and insisted on their immediate arraignment. as to his plea before proceeding with the araignment.
Section 7. Appointment of counsel de oficio. The court, 2. After a plea of not guilty is entered, the accused shall
considering the gravity of the offense and the difficulty of have at least fifteen (15) days to prepare for trial.
the questions that may arise, shall appoint as counsel de The trial shall commence within thirty (30) days
from receipt of the pre-trial order.0
2 Gamas vs. Oco, 425 SCRA S88, A. M. No. MTJ-99-1231, March 17, 2004.
$28 bid
429 Thid 0 Section 1, Rule 119.
 PROCEDUR RULE I16
BULES ON CRIMINAL
ANNOTATED
Arraignnent and Plea 287
286

reading of the above rule would show PURPOSE OF BILL OF PARTICULARS

only delays that may be excluded from the time limit thatwithin
Acareful the
are those In criminal cases, a bill of particulars details items or specifie
which trial must commence
accused. resulting
The time fronm not recited in the Information but
pertain to or are included in the crime charged nonetheless
the
proccedings
the
concerning
in
proceedings in a petition for transfer of venue can only be involved conduct

Its purpose
accused
said time limit if it was the enable an
excluded from
time accused who is to
Hence, in this case, the
instituted the same.
by the
during which 1. to know the theory of the government's case:
of venue filed private
the petition for transfer
is pending. cannot be excluded from the time limit of thirty complainant 2. to prepare his defense and to avoid surprise at the trial:
(30) days from receipt of the pre-trial order imposed in 3. to plead his acquittal or conviction in bar of another
Rules of Court 431
Section 1, Rule l19 of the prosecution for the same offense: and
Section 9. Bill of particulars. - The accused may, before 4 to compel the prosecution 434
to observe certain
arraignment, move for a bill of particulars to enable him limitations in offering evidence.
trial. The
properly to plead and to prepare for
shall specify the alleged defects of the complaintmotionor TAKE NOTE:
information and the details desired. (10a) It is not the function of the bill to furmish the
PARTICULARS?
accused with the evidence of the prosecution.
WHAT IS BILL OF Thus, the prosecutor shall not be required to
lt is aformal, detailed statement of the claims or charges include in the bill of particulars matters of evidence relating to
how the people intend to prove the elements of the offense
brought by aplaintiff or aprosecutor., Usually filed in response charged or how the people intend to prove any item of factual
to the defendant's request for a more specific complaint. 2 information included in the bill of particulars. 435
In criminal actions, the accused may, before arraignment.
move for a billof particulars to enable him properly to plead Section 10. Production or inspection of material evidence in
and to prepare for trial. The motion shall specify the (1) pOssession of prosecution. Upon motion of the accused
alleged defects of the complaint or information and (2) the showing good cause and with notice to the parties, the court,
details desired. in order to prevent surprise, suppression, or alteration,
may order the prosecution to produce and permit the
In general, a billof particulars is the further specification inspection and copying or photographing of any written
of the charges or claims in an action, which an accused may
avail of by motion before arraignment, to enable him to
statement given by the complainant and other witnesses in
properly plead and prepare for trial.433 any investigation of the ofense conducted by the prosecution
or other investigating officers, as well as any designated
Mari vs. Gonzales,657 SCRA 414, G.R No. 187728 September 12, 201I.
Black's Law Dictionary, 10" edition. 434 lbid.
Enrile vs. People, 766 SCRA I. GR. No. 21I 3455 August 11, 2015. 435
lbid.
 RULE 116
ON CRIMINAL PROCEDURE
RULES
ANNOTATED Arrnignnent and Plea 289
288

books, accounts, letters, This right iss cchocd and further fleshed out in the Rules
documents, papers,
objects or tangible things
not otherwise
evidence material to
photographs,
privileged, which
ofCriminal
Proccdure. Rule |15, Section I (g)
that the accused has the right to have
thereof, which
constitute or
contain
which are in the
Any matter r o v i d e s

compulsory
process jssued to secure the attendance of witnesses
p

and
involved in the case and
the prosecution, police, or
possession of other cevidence in his behalf.
Thus, the
under the control of other lawor accused's
production

investigatingagencies. (1la) access evidence requires the correlative duty

to
of the
ight of
prosecution. to produce and permit the 436 inspection of the
OF
INSPECTION andnot to suppress or alter it.
PRODUCTION OR
EVIDENCE IN POSSESSION OF PROSECUTION MATERIAL e v i d e n c e ,

Section 11. Suspension offarraignmnent. - Upon motion by

party, the arraignment shall be
Unon motion of the accused Showing good calse proper
thefollowing cases:
the
suspended in
the court, in order to prevent
with notice to the parties,
surprise, suppression, or alteration, may order the prosecution (a) The accused appears to be suffering from an
and pemit the inspection and copying or
of produce
to photographing
any wTitten statement given by the complainant and other
offense
unsound mental condition which effective

him
renders
unable to fully understand the charge against
witnesses in any investigation of the
investigating
conducted by
officers, as well as the him and to plead intelligently thereto. In such
prosecution or other any case, the court shall order his mental examination
designated documents, papers, books, accounts, letters,
photographs, and, if necessary, his confinement for such purpose;
objects or tangible things not otherwise privileged, which
constitute or contain evidence material to any matter involved ) There exists a prejudicial question; and
in the case and which are in the possessiOn or under the control (c) A petition for review of the resolution of the
the prosecution. police, or other law investigating agencies prosecutor is pending at either the Department of
RIGHT OF THE ACCUSED TO COMPULSORY PROCESS Justice, or the Office of the President; provided,
that the period of suspension shall not exceed
The right of the accused to have compulsory process to sixty (60) days counted from the filing of the
secure the production of evidence on their behalf is a right petition with the reviewing office. (12a)
enshrined in no less than our Constitution, particularly SUSPENSION OF ARRAIGNMENT
Article II, Section 14 stating that in all criminal prosecutions.
the accused shall be presumed innocent until the contrary is Upon motion by the proper party, the arraignment
proved, and shall enjoy the right to be heard by himself and shall be suspended in the following cases:
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and 1. The accused appears to be suffering from an
public trial, to meet the witnesses face to face, and to have unsound mental condition which effective renders
compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf.
436
Lejano vs. People, G.R No. 176389,December 14, 2010.
 RULES ON CRIMINAL
290
ANNOTATED PROCEDURE

him unable to fully understand the

him and to plead intelligently thereto. charIn ge
the court shall order his mental suchagains
necessary. his confinement for examination Case.
such purpose, and,
2. There exists a prejudicialquestion; and
Preiudicial question eXIstS When there
previously instituted civil action which are
issue similar or intimately related to the involves an
in the subsequent criminal action, and0ssue raised
resolution of such issue determines (b)
the criminal action may proceed.*/
whether the Of not

3. Apetition for review of the resolution of the

is pending at either the Department of Justice. prosecut
or dhor
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

437
Section 7, Rule 1]}