RULE 115 - RIGHTS OF ACCUSED

Section 1. Rights of accused at trial. - In all criminal prosecutions, the accused shall be entitled to the
following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence at the
trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the
court for purposes of identification. The absence of the accused without justifiable cause at the trial
of which he had notice shall be considered a waiver of his right to be present thereat. When an
accused under custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed
to defend himself in person when it sufficiently appears to the court that he can properly protect his
rights without the assistance of counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by
direct examination. His silence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence
be found in the Philippines, unavailable, or otherwise unable to testify, given in another case or
proceeding, judicial or administrative, involving the same parties and subject matter, the adverse
party having the opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law.

RULE 116 - ARRAIGNMENT AND PLEA
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. The arraignment shall be made in open court by the judge or clerk by furnishing
the accused with a copy of the 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 the
trial witnesses other than those named in the complaint or information.
(b) The accused must be present at the arraignment and 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.
(c) When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be
entered for him.
(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.
(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 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.
(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 his presence. In case of failure
of the offended party to appear despite due notice, 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.
(g) Unless a shorter period is provided by special law or 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 or particulars or other
causes justifying suspension of the arraignment shall be excluded in computing the period.
Sec. 2. Plea of guilty to a lesser offense. - At arraignment, the accused, with the consent of the
offended party and prosecutor, may be allowed by the trial court to plead guilty to a lesser offense
which is necessarily included in the offense charged. After arraignment but before trial, the accused
may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No
amendment of the complaint or information is necessary. chan robles virtual law library
Sec. 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 voluntariness and full
comprehension of the 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.
Sec. 4. Plea of guilty to non-capital offense; reception of evidence, discretionary. - When the accused
pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine
the penalty to be imposed.
Sec. 5. Withdrawal of improvident plea of guilty.- At any time before the judgment of conviction
becomes final, the court may permit an improvident plea of guilty to be withdrawn and be
substituted by a plea of not guilty.
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, the court must assign a
counsel de officio to defend him.
Sec. 7. Appointment of counsel de officio. - The court, considering the gravity of the offense and the
difficulty of the questions that may arise, shall appoint as counsel de officio such members of the bar
in good standing who, by reason of their experience and ability, can competently defend the
accused. But in localities where such members of the bar are not available, the court may appoint
any person, resident of the province and of good repute for probity and ability, to defend the
accused.
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 shall be given a reasonable
time to consult with the accused as to his plea before proceeding with the arraignment.
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 specify the alleged defects of
the complaint or information and the details desired.
Sec. 10. Production or inspection of material evidence in 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 alteration, may order the prosecution to produce and permit the inspection
and copying or photographing of any written statement given by the complainant and other
witnesses in any investigation of the offense conducted by the prosecution or other investigating
officers, as well as any designated documents, papers, books, accounts, letters, photographs, object,
or tangible things not otherwise privileged, which constitute or contain evidence material to any
matter involved in the case and which are in the possession or under the control of the prosecution,
police, or other law investigating agencies.
Sec. 11. Suspension of arraignment. - Upon motion by the proper party, the arraignment shall be
suspended in the following cases: (a) The accused appears to be suffering from an unsound mental
condition which effectively renders him unable to fully understand the charge against him and to
plead intelligently thereto. In such case, the court shall order his mental examination and, if
necessary, his confinement for such purpose; (b) There exists a prejudicial question; and (c) A
petition for review of the resolution of the prosecutor is pending at either the Department of Justice,
or the Office of the President; provided, that the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the reviewing office.
RULE 117 - MOTION TO QUASH
Section 1. Time to move to quash. - At any time before entering his plea, the accused may move to
quash the complaint or information.
Sec. 2. Form and contents. - The motion to quash shall be in writing, signed by the accused or his
counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground
other than those stated in the motion, except lack of jurisdiction over the offense charged.
Sec. 3. Grounds. - The accused may move to quash the complaint or information on any of the
following grounds:
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is
prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent.
Sec. 4. Amendment of complaint or information. - If the motion to quash is based on an alleged
defect of the complaint or information which can be cured by amendment, the court shall order that
an amendment be made. If it is based on the ground that the facts charged do not constitute an
offense, the prosecution shall be given by the court an opportunity to correct the defect by
amendment. The motion shall be granted if the prosecution fails to make the amendment, or the
complaint or information still suffers from the same defect despite the amendment.
Sec. 5. Effect of sustaining the motion to quash. - If the motion to quash is sustained, the court may
order that another complaint or information be filed except as provided in section 6 of this rule. If
the order is made, the accused, if in custody, shall not be discharged unless admitted to bail. If no
order is made or if having been made, no new information is filed within the time specified in the
order or within such further time as the court may allow for good cause, the accused, if in custody,
shall be discharged unless he is also in custody of another charge.
Sec. 6. Order sustaining the motion to quash not a bar to another prosecution; exception. - An order
sustaining the motion to quash is not a bar to another prosecution for the same offense unless the
motion was based on the grounds specified in section 3 (g) and (i) of this Rule.
Sec. 7. Former conviction or acquittal; double jeopardy. - When an accused has been convicted or
acquitted, or the case against him dismissed or otherwise terminated without his express consent by
a court of competent jurisdiction, upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and after the accused had pleaded to the
charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for the offense charged, or for any attempt to commit the same or frustration
thereof, or for any offense which necessarily includes or is necessarily included in the offense
charged in the former complaint or information. However, the conviction of the accused shall not be
a bar to another prosecution for an offense which necessarily includes the offense charged in the
former complaint or information under any of the following instances: (a) the graver offense
developed due to supervening facts arising from the same act or omission constituting the former
charge; (b) the facts constituting the graver charge became known or were discovered only after a
plea was entered in the former complaint or information; or (c) the plea of guilty to the lesser
offense was made without the consent of the prosecutor and of the offended party except as
provided in section 1(f) of Rule 116. In any of the foregoing cases, where the accused satisfies or
serves in whole or in part the judgment, he shall be credited with the same in the event of conviction
for the graver offense.
Sec. 8. Provisional dismissal. - A case shall not be provisionally dismissed except with the express
consent of the accused and with notice to the offended party. The provisional dismissal of offenses
punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall
become permanent one (1) year after issuance of the order without the case having been revived.
With respect to offenses punishable by imprisonment of more than six (6) years, their provisional
dismissal shall become permanent two (2) years after issuance of the order without the case having
been revived.
Sec. 9. Failure to move to quash or to allege any ground therefore. - The failure of the accused to
assert any ground of a motion to quash before he pleads to the complaint or information, either
because he did not file a motion to quash or failed to allege the same in said motion, shall be
deemed a waiver of any objections except those based on the grounds provided for in paragraphs
(a), (b), (g), and (i) of section 3 of this Rule.