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PART VII Arraignment and Plea

The document discusses the concepts of arraignment and plea in a criminal proceeding. It defines arraignment as giving the accused the opportunity to know the charges against them and enter a plea of guilty or not guilty. It outlines the duties of the trial prosecutor to examine the information before arraignment and prepare witnesses. It also discusses deferring arraignment if a petition for review is pending and defines a plea as the accused's response to raise the issue to be tried.

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Maria Danice Angela
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59 views1 page

PART VII Arraignment and Plea

The document discusses the concepts of arraignment and plea in a criminal proceeding. It defines arraignment as giving the accused the opportunity to know the charges against them and enter a plea of guilty or not guilty. It outlines the duties of the trial prosecutor to examine the information before arraignment and prepare witnesses. It also discusses deferring arraignment if a petition for review is pending and defines a plea as the accused's response to raise the issue to be tried.

Uploaded by

Maria Danice Angela
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PART VII.

ARRMGNMENT AND PLEA

SECTION 1. Concept of arraignment. - Arraignment is a mandatory requirement that seeks to give the accused the
opportunity, at the first instance, to know why the prosecuting arm of government has been mobilized against him
and to plead. At the arraignment, the accused may enter a plea of guilty or not guilty.

SEC. 2. Duties of trial prosecutor. -

a) Before the arraignment of the accused, the trial prosecutor shall examine the information vis-a-vis the
resolution of the investigating prosecutor in order to make the necessary corrections or revisions and to ensure
that the information is sufficient in form and substance.
b) After arraignment, the trial prosecutor shall prepare his witnesses for trial. Government witnesses, e.g.
medico-legal officer, chemist, forensic experts, examiners etc. should, as much as practicable, be presented in
accordance with the logical a~d chronological sequence of the technical aspects to be proved.

SEC. 3. Effect of filing a petition for review. - When an aggrieved partymanifests in court that he has a pending
petition for review with the Department of Justice and moves for a deferment of the arraignment pending
resolution of his petition, the Trial Prosecutor may conform thereto once proof of said petition has been presented
by the petitioner to his satisfaction.

SEC. 4. Concept of plea. - The plea is the reply of the accused to the charge. It raises the issue to be tried and on
which the judgment/sentence of the court can be properly based.

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