Good Day Atty.! Thank you for this video lecture. This is the summary of what I’ve learned; Arraignment and Plea, How made? - It is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. - In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment. - This is the proceeding in a criminal case, whose object or which object is to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information. - Which is why during the arraignment the accused is asked if this is the correct and proper spelling of his name. Plea - This is the response of the accused to the information that was brought against him whether guilty or not guilty. When made General Rule; - Arraignment must be made before start of the trial or before the prosecution presents its case. - It is also simultaneously done or set with the trail. In one hearing and the trial is conducted. Exemption - The counsel of the accused failed to object lack of arraignment during trial - If the counsel of the accused had full opportunity to cross-examine witnesses Procedure of arraignment - It must be in open court where the complaint or information has been filed or assigned for trial; - It must be made by the judge or clerk of court - By furnishing the accused with a copy of the complainant or information; - Reading it in a language or dialect known to the accused - Asking accused whether he pleads guilty or not guilty - These arraignment and plea must be made of record but the failure to enter the plea of the accused on record shall not affect the validity of the proceedings. Period of arraignment General Rule - Arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused. Exemptions; - When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. - Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay. (If the person about to depart is not the accused but the complainant.) - Cases involving child abuse, the trail shall be commended within 3 days from arraignment. - Cases under the Dangerous drug act. - Cases under SC AO 104-96. Presence of the offended party during arraignment *The private offended party shall be required to appear in the arraignment for the following purposes; - Plea bargaining - Determination of civil liability - Other matters requiring his presence Note; - In cases the offended party fails to appear despite due notice, the court may allow the accused to enter a plea guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. Different rules on arraignment *Can the case proceed even without the participation of the accused? - Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, he waives his right to participate during trial and so the court will proceed despite his absence which we called in trial in absentia. (Trial in absentia can only be done only after valid arraignment.) General Rule; - If there is no arraignment then then the judgment is void except when after trail, the accused was subsequently arraign. When should a plea of not guilty be entered? - After reading the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused entered into the records. - If the accused simply refuses to enter his own plea then a plea of not guilty will be entered. - When in admitting the act charged he sets up matters of defense or with lawful jurisdiction; - When he enters a conditional plea of guilty - When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entitled for him; - When the plea is indefinite or ambiguous or it is susceptible of different interpretations. Plea of Guilty - A judicial confession of guilt. - It is an unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged information including the allegations of conspiracy and warrants judgment of conviction without need of further evidence. Effect of a plea of guilty General Rule; - A plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned therein. Example - The accused admitted all the material allegations in the information as well as the aggravating circumstances contained therein, there is no more need for the prosecution to prove the yield of the accused because there was a plea of guilty. Exemption - Where the plea of guilt was compelled by violence or intimidation; - When the accused did not fully understand the meaning and consequences of his plea; - Where the information is insufficient to sustain conviction of the offense charged; - Where the information does not charge an offense, any conviction thereunder being void; - Where the court has no jurisdiction Exemption to the Exemption - If what the accused would prove is an exempting circumstances, it would amount to a withdrawal of his plea of not guilty. Note; *Non-capital offense - These are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua. *If the accused pleads guilty to a capital offense, what are the duties of the court? - The court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harassment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of the culpability of the accused. Purpose of the presentation of evidence after the plea of guilty - The reason for this rule is to avoid any misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty. Searching Inquiry - If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. (Searching inquiry is that where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.) Improvident Plea - Is a plea of guilt without the benefit of information as to all the circumstances affecting it - It is based upon a mistaken assumption or misleading information or advice. (Consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.) Period to withdrawal an Improvident plea - The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty. Note; - The withdrawal of a plea of guilty is not a matter of right to the accused but addresses to the sound discretion to the trial court. Effect of withdrawal of Improvident plea - The court shall set aside the judgment of conviction and re-open the case for new trial. Grounds for suspension of arraignment - Motion to Quash - Motion for Inhibition - Motion for bill of Particulars Plea Bargaining - In criminal cases is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval. Note; - It is to be noted that the decision to accept or reject a plea bargaining is within the sound discretion of the court. OSUNA, CHARLENE MAY M. 3C2 BS-CRIMINOLOGY LSPU-SPCC
Arraignment and Plea, How made? In this video recorded discussion I've learned that arraignment is the formal mode of informing the accused of the accusations against him while plea is the response carried out by the accused prior to the brought against him whether guilty or not. In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment.This proceeding gives the accused an opportunity to plead or to obtain from the accused his answer, in other words, his plea to the information.That is the reason why, in the actual proceeding, the accused was asked regarding the proper spelling of his name. When made As a general rule, arraignment must be made before start of the trial or before the prosecution presents its case. It is also simultaneously done or set with the trail. In one hearing and the trial is conducted.The exemption herein is that (1)when the counsilel of the accused failed to object lack of arraignment during trial(2)and if the counsel of the accused had full opportunity to cross-examine witnesses Procedure of arraignment The proper procedure of arraignment is that the procedure is in an open court where the complaint or information has been filed or assigned for trial;it must be made by the judge or clerk of court;by furnishing the accused with a copy of the complainant or information;it was read on a language or dialect the accused is used to so that he can understand;the accused will be asked his plead whether guilty or not.. Period of arraignment As a general rule, arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused. Exemptions; When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay. (If the person about to depart is not the accused but the complainant.) Cases involving child abuse, the trail shall be commended within 3 days from arraignment. Cases under the Dangerous drug act. Cases under SC AO 104-96. Plea of Guilty Plea is a judicial confession of guilt. The effect of a plea guilty as a general rule is that a plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned ththere. The exemption to general rule is that(1).where the plea of guilt was compelled by violence or intimidation;(2). when the accused did not fully understand the meaning and consequences of his plea;(3). where the information is insufficient to sustain conviction of the offense charged;(4). where the information does not charge an offense, any conviction thereunder being void;(5).where the court has no jurisdiction . But, there is also an exemption to the exemption and that is if what the accused would prove is an exempting circumstances, it would amount to a withdrawal of his plea of not guilty. Purpose of the presentation of evidence after the plea of guilty The reason behind is that for this rule to avoid an misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty. Searching Inquiry If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. (Searching inquiry is that where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.) Improvident Plea Is a plea of guilt without the benefit of information as to all the circumstances affecting it It is based upon a mistaken assumption or misleading information or advice. (Consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.) Period to withdrawal an Improvident plea The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty. Note; The withdrawal of a plea of guilty is not a matter of right to the accused but addresses to the sound discretion to the trial court. Grounds for suspension of arraignment There are three grounds that leads to suspension of the arraignment and thi's are motion to quash; motion for inhibition; motion for bill of particulars Plea Bargaining In criminal cases, plea bargaining is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval
RULE 116- ARRAIGNMENT AND PLEA This is what I've learned,it is the right of the accused to be informed of the nature of the accusations against him, and it is the purpose why there is arraignment and plea. It is done right before the start of the trial or before the prosecution presents its case. So, how it is made? First thing to consider is that it must be in an open court wherein it is open for public view.Second, it must be made by the judge or clerk of the court.Third, by furnishing the accused with a copy of complaint.Fourth, is to read the accusation in the language or dialect that the accused will able to udnerstand.Last thing to consider is asking the accused person whether or not he pleads guilty or not. It shall be made 30 dyas from the date the court acquires jurisdiction over the person. PURPOSE why the presence of the offended party during arraignment is required: 1. Plea Bargaining; 2. Determination of civil liability;and 3. Other matters requiring his presence Plea of guilty A judicial confession of guilt. Effect of a plea of guilty As a general rule, a plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned therein. The admission of all guilt has been made formally and conclusively. Thank you, Atty. SABONG, ROVILYN M. 3C3
I learned a lot regarding to the topic Arraignment and plea rule116on how the arraignment and plea made? It is a formal method of enforcing the accused's constitutional right to know the nature of the charges leveled against him. The accused was told of the allegation leveled against him as well as the nature of the charge. An arraignment is the name for this procedure. The accused is told of the right spelling of his name before arraignment in a criminal process, or the court may request the accused's presentation to determine the accused's identity. After being informed of the accusation, the accused enters a plea, which is the accused's reaction to the evidence against him, whether guilty or not guilty.Also i understand and i know when is arraignment made, it was made before the trial began or the prosecution presented its case. For example, whether the accused is arrested or surrenders voluntarily to the court, the court will set the matter for arraignment, which must occur before the trial. Arraignment and pretrial proceedings are completed in one hearing.There are the exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: 1) Counsel of the accused failed to object to lack of arraignment during the trial. 2) Counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case.I undertand and i know the step by step procedure of Arraignment, first It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial; By the judge or clerk of court; By furnishing the accused with a copy of the complaint or information;Reading it in a language or dialect known to the accused;Asking the accused whether he pleads guilty or not guilty;Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceeding.
Roque, Alexandra 3C2 Thank you, Atty. For the video lecture. The following are what I have learned. ARRAIGNMENT AND PLEA It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment. During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused. After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty. WHEN IS ARRAIGNMENT MADE? It was made before the start of the trial or before the prosecution presents its case. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: a. If the counsel of the accused failed to object to lack of arraignment during the trial. b. If the counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. PROCEDURE OF ARRAIGNMENT 1. It must be in open court where the complaint or information has been filed or assigned for trial. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a copy of the complaint or information. 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings. PERIOD OF ARRAIGNMENT Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. Under the rules of continues trial, it shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused. Arraignment is done simultaneously with the trial on the same day. EXEMPTIONS a. When an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case. b. Where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. c. Cases under RA 7610, the trial shall be commenced within 3 days from arraignment. d. Cases under the dangerous drugs act e. Cases under SC AO 104-96 i.e. heinous crimes. IS THE PRESENCE OF THE OFFENDED PARTY REQUIRED DURING AN ARRAIGNMENT? Yes. The presence of a private offended party is required in the following reasons: 1. Plea bargaining 2. Determination of civil liability or damages payable to the private offended party 3. Other matters requiring his presence In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense Example: In a case of murder then accused attend for his arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide. CAN THE CASE PROCEED EVEN WITHOUT THE PARTICIPATION OF THE ACCUSED? Yes. The absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia. Trial in absentia - It can only be done only after a valid arraignment. If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned. WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED? 1. After reading of the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused so pleaded then a not guilty plea will be entered into the records. 2. When the accused refuses to plead. 3. Where the accused in admitting the act charged sets up matters of defense or with lawful justification 4. When the accused enters a conditional plea of guilty 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations. PLEA OF GUILTY It is a judicial confession of guilt. THE EFFECTS OF A PLEA OF GUILTY When the accused admitted all the material allegations in the information as well as the aggravating circumstances contained therein, there is no more need for the prosecution to prove the yield of the accused because there was a plea of guilty. NON-CAPITAL OFFENSE These are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion Perpetua. IF THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, WHAT ARE THE DUTIES OF THE COURT? The court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harassment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability. SEARCHING INQUIRY If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will. IMPROVIDENT PLEA It is a plea without information as to all the circumstances affecting it. It is based upon a mistaken assumption or misleading information or advice. If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information, there are consequences under the rules. PERIOD TO WITHDRAW AN IMPROVIDENT PLEA At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court. PLEA-BARGAINING It is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
GOOD DAY ATTY. THANK YOU FOR THIS UPLOADING VIDEO LECTURE. THIS IS THE SUMMARY OF WHAT I'VE LEARNED!! ARRAIGNMENT AND PLEA RULE 116 How arraignment and plea made? It is a formal method of enforcing the accused's constitutional right to know the nature of the charges leveled against him. The accused was told of the allegation leveled against him as well as the nature of the charge. An arraignment is the name for this procedure. The accused is told of the right spelling of his name before arraignment in a criminal process, or the court may request the accused's presentation to determine the accused's identity. After being informed of the accusation, the accused enters a plea, which is the accused's reaction to the evidence against him, whether guilty or not guilty. When is arraignment made? It was made before the trial began or the prosecution presented its case. For example, whether the accused is arrested or surrenders voluntarily to the court, the court will set the matter for arraignment, which must occur before the trial. Arraignment and pretrial proceedings are completed in one hearing. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: 1) Counsel of the accused failed to object to lack of arraignment during the trial. 2) Counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. Procedure of Arraignment - It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial -By the judge or clerk of court; -By furnishing the accused with a copy of the complaint or information; -Reading it in a language or dialect known to the accused. -Asking the accused whether he pleads guilty or not guilty. -Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceeding When to conduct arraignment? Arraignment under the previous norm took place within 30 days of the court acquiring jurisdiction over the accused's person. When an accused is placed under preventive detention, his case should be raffled within three days of filing, and the accused should be arraigned within ten days of the judge receiving the case records, and when the complainant is about to leave the Philippines with no definite date of return, the accused should be arraigned immediately. Trial in absentia - can only be done only after a valid arraignment. If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned. When should a plea of not guilty be entered? 1. When the accused so pleaded; 2. When he refuses to plead 3. Where in admitting the act charged he sets up matters of defense or with lawful justification 4. When he enters a conditional plea of guilty 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous. Plea of guilty - a judicial confession of guilt The consequences of a guilty plea include that the accused accepts the truth of all relevant facts charged, including aggravating circumstances. What should the court do if the defendant pleads guilty to a capital crime? The accused's voluntariness must be established by the court. The court is required to ask probing questions about the voluntariness of the plea and whether the accused fully comprehended the implications of his guilty plea. Searching Inquiry The trial judge will determine whether the accused has pled guilty as a result of his voluntary acquittal. PLEA-BARGAINING The accused and the prosecution work together to reach a mutually acceptable resolution of the case, which must be approved by the court.
Umali Angelica Jane M. 3c2 Thank you Attorney for the lecture. This is the summary of what I've learned in Rule 116. ARRAIGNMENT AND PLEA RULE 116 ARRAIGNMENT AND PLEA, HOW MADE It is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him *One of the constitutional rights of the accused is to be informed of the nature and cause of allegation against him. In order to comply with suchconstitutional requirement the rules of court devises a formal process or proceeding where in the accused is informed of what is the charge made against him and its nature that is called arraignment. *In court proceedings during arraignment, the accused is ask “Is this the proper spell of your name?” or sometimes the judge will ask for the proper presentation of a government issued ID of the accused in order to ascertainor determine the certainty of the accused. Aside from the determination of his identity, the accused is also informed of the charge and then he will now enter his plea. Plea means the responds of the accused to the information against him whether guilty or not guilty. WHEN MADE GR. Arraignment must be made before start of the trial or before the prosecution presents its case. *After the arrest of the accused or upon his voluntary surrender to the court, the court will set his arraignment and this arraignment will made before the start of the trial and also in pre-trial. Simultaneously set with arraignment. In one hearing arraignment and pre-trial is conducted. XPN. Arraignment which was after the prosecution rested its case was considered a non-prejudicial error under the following. 1. Counsel of the accused failed to object lack of arraignment during trial 2. Counsel of the accused had full opportunity to cross-examine witnesses. *Under these two exceptions, the arraignment is made after prosecution rested its case. PRESENCE OF THE OFFENDED PARTY DURING ARRAIGNMENT The private offended party shall be required to appear in the arraignment for the following purposes; 1. Plea bargaining *During arraignment, the court can inquire to the parties, prosecution or the defense to a plea bargaining. 2. Determination of civil liability and; 3. Other matters requiring his presence (Sec. 1 (f), Rule 116) NOTE: In cases the offended party fails to appear despite duenotice, 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. SEC 1 (F), RULE 116 *In case that the private complainant fails to appear despise due notice during arraignment, the accused can plead to a lesser offense. DIFFERENT RULES ON ARRAIGNMENT 1. Trial in absentia may be conducted only after valid arraignment. *The absence of the accused can be deemed as waiver to appear during trial it means that he waives the right to confront his witnesses, he waives his right to participate during trial and the court will proceed despite his absent. Trial in absentia can only be done only after avalid arraignment. 2. Accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused. 3. Accused is presumed to have been validly arraigned in the absence of proof to the contrary. GR. Judgment is void of accused has not been validly arraigned. WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED 1. When the accused so pleaded *When accused pleaded a not guilty plead will entered into record or the accused simply refuses to enter his own plea then a plea of not guilty will enter. 2. When he refuses to plead 3. Where in admitting the act charged he sets up matter of defense or with lawful justification. *The accused pleaded guilty but set forth some condition on such plead then the court will enter not guilty. 4. When he enters a conditional plea of guilty Sec. 1( c) 5. Where after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall ne entered for him (Sec 1 (d) 6. When the plea is indefinite or ambiguous. PLEA OF GUILTY A judicial confession of guilt. It is an unconditional plea of guilt which admits of the crime and the attendant circumstances alleged in the information including the allegations of conspiracy and warrants judgments of conviction without need of further evidence. EFFECTS OF A PLEA OF GUILTY *The accused admitted all the material allegations in the information as well as the aggravating circumstances contain therein. There is no more need for the prosecution to prove the guilt of the accused because there was a plead of guilty. The effect of plea of guilty is the accused acknowledges his indeed the perpetrator of the crime. NOTE. *The accused pleaded guilty, non-capital offense, offenses which not punish by capital offense, and the capital punishment is death but the penalty of death is suspended so it is reduce to Reclusion Perpetua. *In plea of guilty for capital punishment, the court is not oblique to receive evidence of the guilt of the accused. The court will directly find the accused guiltyon the basis of his plead alone. If the court did not conduct a reception of evidence and the accused pleaded guilty to a capital punishment and then such plea of guilty has no legal effect and therefore the court may not play judgment of conviction on the basis alone of plea of guilty. ACCUSED PLEAD A GUILTY TO A CAPITAL OFFENSE, TMEHAT THE COURT SHOULD DO Duty of the court after the accused pleads guilty to a capital offense. When the accused pleads guilty to a capital offense, the court shall: 1. Conduct searching inquiry into the: A. Voluntariness of the plea, and *Sometimes the accused is under pressure, harassment, violation, intimidation, and worst torture. B. Full comprehension of the consequences of the plea. 2. Require the prosecution to prove guilt and the precise degree of his culpability. PURPOSE OF THE PRESENTATIONOF EVIDENCE AFTER THE PLEA OF GUILTY *The reason for this rule is that to avoid any misunderstanding on the part of the accused as to the nature of the charges to which he pleaded guilty. SEARCHING INQUIRY *If the accused guilty to a capital offense then the court is mandated to a searching inquiry. IMPROVIDENT PLEA *A plea by mistake, or as mistaken assumption or out of misleading information PERIOD TO WITHDRAW AN IMPROVIDENT PLEA The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final and be substituted by a plea of not guilty. NOTE. The withdrawal of a plea of guilty is not a matter of right to the accused but addressed to the sound discretion to the trial court. (SEC 5. RULE 116) *Anytime before finality of conviction EFFECTS OF WITHDRAWAL OF IMPROVIDENT PLEA The court shall set aside the judgment of conviction and re-open the case for new trial. *If the accused withdrawn his improvident plea, there will be a new trial, the case will be reopen and there will be a new trial, the prosecution will present its evidence. PLEA-BARGAINING *Plea bargaining in criminal cases is a process wherebythe accused and the prosecution tries to enter into an agreement how the case is disposed such agreement which is mutually satisfactory on both party is subject for the approval of the court. In plea bargaining the accused can plead for a lower sentence subject to the approval of the court.
Taño, Aira Joy M. 3C3 Thank you, Sir. this is the summary of what I've learned: How arraignment and Plea made? It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. Arraignment is the means of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. Also, it is proceeding in criminal cases, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused. After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty. When is arraignment made? Arraignment is made when before the start of the trial or before the prosecution presents its case. Arraignment is simultaneously done or set with the trial, and upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: 1. Counsel of the accused failed to object to lack of arraignment during the trial. 2. Counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. Procedure of arraignment: (1) It must be made in open court meaning in a hearing within the public view where the complaint or information has been files or assigned for trial. (2) It must be made by the judge or clerk of court. (3) By furnishing the accused with a copy of the complaint or information. (4)Reading it in a language or dialect known to the accused. (5) Asking the accused whether he pleads guilty or not guilty. (6) Both arraignment and plea shall be made of record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings. When to conduct arraignment? Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. It must be as soon as possible. Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. Is the presence of the offended party required during an arraignment? Yes. The presence of a private offended party is required in the following purposes: 1. Plea bargaining 2. Determination of civil liability; and 3. Other matters requiring his presence In case that private offended party fails to appear in court during arraignment then the accused can plead to a lesser offense. Trial in absentia - can only be done only after a valid arraignment. If there is no arraignment then the judgment is void, except when after the trial the accused was subsequently arraigned. When should a plea of not guilty be entered? 1. When the accused so pleaded; 2. When he refuses to plead 3. Where in admitting the act charged he sets up matters of defense or with lawful justification 4. When he enters a conditional plea of guilty 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous. The effects of a plea of guilty is when the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein. As the General rule, if the accused admitted all the material allegation in the information as well as the aggravating circumtances. Searching inquiry The accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. The trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will. Improvident plea means a plea without information as to all the circumstances affecting it. It is based upon a mistaken assumption or misleading information, and there are consequences to the accused. Plea Bargaining In criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
TUBOG, MARIEL ANNE O. 3C1 Good day sir, in this particular lesson, I have learned the definition of arraignement and plea as well as how it is made wherein it is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. Arraignment is the proceeding in a criminal case, whose object is to fix the identity of the accused, fo inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information. I have learned also that the private offended party shall be required to appear in the arraignment for the following purposes: plea bargaining; determination of civil liability; and other matters requiring his presence. In addition, this lesson taught me about the duty of the court after the accused pleads guilty to a capital offense. When the accused pleads guilty to a capital offense, the court shall conduct searching inquiry into the voluntaries of the plea and full comprehension of the consequences of the plea and require the prosecution to prove guilt and the precise degree of his culpability. These are the summary of all the knowledge I have learned in this particular subject. Thank you sir & Godbless!
MEA, KATHERINE JOY V 3C2 Good morning Atty. Thank you for Uploading this video Lecture. This is what I’ve learned from this lecture video regarding Arraignment and plea for the arraignment, it explained proceeding in a criminal case whose object is to fix the identity of the accused to inform him of the charge and to give him an opportunity to plead or to obtain from the accused his answer, in other words, is a plea to the information, and also it was made before the start of the trial or before the prosecution presents its case. Exception: arraignment which was made after the prosecution rested incase was considered a non-prejudicial error under the following 1. Counsel of the accused failed to object to lack of arraignment during trial 2. Counsel of the accused had full opportunity to cross-examine witnesses Different rules on arraignment 1. Trial in absentia may be conducted only after valid arraignment 2. Accused must personally appear during arraignment and enter his plea counsel cannot enter a plea for the accused. 3. Accused is presumed to have been validly arraigned in the absence of proof to the contrary. General rule: judgment is void if the accused has not been validly arraigned. Presence of the offended party during arraignment- it is required to appear in the arraignment for Plea bargaining, Determination of civil liability, and other matter requiring his presence, however if offended party fails to appear despite due notice the court may allow the accused to enter a plea of guilty to a lesser an offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. Exception: if the accused went into trial without being arraigned subsequent arraignment will cure the error provided that the accused was able to present evidence and cross examine the witnesses of the prosecution during the trial. When a plea of not guilty should be entered 1. When the accused so pleaded 2. When he refuses to plead 3. Where in admitting the act charged he set up the matter of defense or with lawful jurisdiction 4. When he enters a conditional plea of guilty 5. Where after a plea of guilty but presents exculpatory circumstances his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous. Plea of a guilty- unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged in the information or must be a plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances therein. And also it says that the court will directly find the accused guilty even without evidence basis on the plea alone On the Effect of a plea of guilty, when the accused is compelled by violence or intimidation or did not fully understand the meaning and consequences of his plea, it would prove is an exempting circumstance it would amount to a withdrawal of his plea of not guilty. The court will directly find the accused guilty even without evidence basis in plea alone.
AREVALO, NIKKA BABES B. 3C2 Thank you, Sir! This is a summary of what I’ve learned on this topic. RULE 116 ARRAIGNMENT AND PLEA ARRAIGNMENT AND PLEA - Arraignment is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. Arraignment is the proceeding in a criminal case whose object is to fix the identity of the accused, to inform him of the charged and to give him an opportunity to plead or to obtain the accused his answer, in other words, his plea to the information. - The plea is the response of the accused to the information that fought against him whether guilty or not guilty. WHEN IS ARRAIGNMENT MADE? GR: Arraignment must be made before the start of the trial or before the prosecution presents its case. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: a. If the counsel of the accused failed to object to lack of arraignment during the trial. b. If the counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. PROCEDURE OF ARRAIGNMENT 1. It must be in open court where the complaint or information has been filed or assigned for trial. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a copy of the complaint or information. 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings. PERIOD OF ARRAIGNMENT GR: Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. EXEMPTIONS: a. When an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case. b. Where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. c. Cases under RA 7610, the trial shall be commenced within 3 days from arraignment. d. Cases under the dangerous drugs act e. Cases under SC AO 104-96 i.e. heinous crimes, violation of the Intellectual Property Rights Law, this cases must be tried continuously until terminated within 6o days from commencement of the trial and to be decided within 30 day from the submission of the case. IS THE PRESENCE OF THE OFFENDED PARTY REQUIRED DURING AN ARRAIGNMENT? Yes. The presence of a private offended party shall be required to appear in the arraignment for the following purposes: 1. Plea bargaining 2. Determination of civil liability, and 3. Other matters requiring his presence NOTE: In case that private offended party fails to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessary included in the offense charged with conformity of the trial prosecutor alone. DIFFERENT RULES ON ARRAIGNMENT 1. Trial in absentia may be conducted only after valid arraignment. 2. Accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused) 3. Accused is presumed to have been validly arraigned in the absence of proof to the contrary. Can the case proceed even without the participation of the accused? - Yes. The absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia. GR: Judgement is void if accused has not been validly arraigned XPN: If the accused went into trial without being arraigned subsequent arraignment will cure the error provided that the accused was able to present evidence and cross examine the witnesses of the prosecution during trial WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED? 1. When the accused so pleaded 2. When he refuses to plead. 3. Where in admitting the act charged sets up matters of defense or with lawful justification 4. When he enters a conditional plea of guilty 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous. PLEA OF GUILTY Is a judicial confession of guilt. It is an unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged in the information including the allegation of conspiracy and warrants judgement of conviction without need of further evidence THE EFFECTS OF A PLEA OF GUILTY GR: A plea of guilty admits the truth of all material facts alleged in the information, including all the aggravating circumstances mentioned therein NOTE: For non-capital offenses the reception is merely discretionary. IF THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, WHAT ARE THE DUTIES OF THE COURT? The court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harassment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability of accused. SEARCHING INQUIRY 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 require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf. IMPROVIDENT PLEA It is a plea without information as to all the circumstances affecting it. It is based upon a mistaken assumption or misleading information or advice. - The court may permit an improvident plea of guilty to withdrawn, at any time before the judgement of conviction becomes final and be substituted by a plea of not guilty. NOTE: The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court. 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 effective 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. PLEA-BARGAINING It is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
CORONADO, JANE HYACENTH A. 3C4 thank you po sir. the fallowing are the summary of your discussion about the rule 116 of the criminal procedure. -arraignment and plea is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. plea is the response of the accused to the information against him whether guilty or not guilty. arraignment is made before start of the trial example is after the arrest of the accused or upon his voluntary surrender to ttmhe court. the exceptions where in arraignment is made after the prosecution rested its case first is failed to object lack of arraignment during trial and full opportunity to cross-examine witnesses. - the arraignment is done in a open court, by the judge or clerk of court, by furnishing the accused of complaint or information, reading it in a language or dialect and asking the accused whether he is plea guilty or not and the plea must be record but failure to record it will not affect the validity of plea. - arraignment is conduted within 30 days from the date the court acquires jurisdiction over the period of the accused. the exceptions is that when the accused is under preventive detention and where the complainant is about to depart from the Philippines. Ra 7610 reriod of arraignment within 3 days. - the presence of the offender party is required in the purpose of plea bargaining, determination of civil liability and other matters requiring his presence because during arraignment the court can acquire from the parties prosecution or the defense whether they intend to enter into a plea bargaining. - can the trial proceed even without the participation of the accused? yes the absence of the accused will be deemed as waiver to appear during trial it will mean that he waives the right to confront his weaknesses, he waive his right to participate during trial and the court will proceed in his absence that you call trial of absentia. - if there is no arraignment then the judgement is void while the exceptions when after trail the accused was subsequently arraign. - the plea of not guilty is entered after reading of the information by the judge. accused refuses to plead, admitting the charged he set up matters of defense, he entrers conditional plea of guilty, after a plea of guilty but presents exculpatory circumstances, plea is indefinite or ambiguous. - Plea of guilty is a confession of guilt, the effect of plea guilty then the accused admit the truth of all material facts alledge in the information including the aggravating circumstances. also the effects the accused admit that indeed he is the perpetrator of the crime that being charge against him. under the exceptions there is no admission of the accused is the pertrator first wherr the plea of guilt was compelled by violence, did not fully understand the meaning and consequences of plea and the information is insufficient. - non capital offenses these arr offesnses which are not punished by the capital offense. the plea of guilty of the accused the court will directly find the accused guilty on the basis of plea alone. - when the accused pleads guilty to a capital offense the duties of the court is must ascertain if there is voluntariness of the accused because it happens that sometimes accused are under pressure, violence. the court duties us to inquire a cunduct searching inquiry and prosecution to prove the guilty and the precise degree of his culpability. the rules required the court will have to receive evidence if the accused plead guilty is that to avoid any misunderstanding of the part of the accused as to the nature of the charges he pleaded guilty. - Searching inquiry is that the triak judge will satisfy him self that tge accused has pleaded guilty out of his voluntary will and truly guilt. -during inquiry the judge will have to ask several questions from the accused such as how he was brought into the custody of the law. - Improvident of plea is a plea of guilt without the benefit of information as to all the circumstances affecting it , it is based upon a mistaken assumption. - the accused can withdraw an Improvident plea at any time before the judgement of conviction becomes final and be substituted by plea of not guilty. - effect of the withdrawal of Improvident plea the court shall set aside the judgement of conviction and re-open the case and the prosecution will present there evidence. - grouds of suspension of arraignment if the accuis suffering from am unsound mental condition, there exists a valid prejudice question and petition for review not exceeding days counted from the filing of the petition and there are pending incident such as ; motion to quash, motion for inhibition and motion for bill of particulars. - plea bargaining is a process whereby the accused and the prosecution work a mutually satisfactory of the case subject to court approval .
GOOD DAY ATTY. THANKYOU FOR THIS VIDEO RECORDED LECTURE IN RELATION TO THE RULES OF CRIMINAL PROCEDURE. ARRAIGNMENT AND PLEA RULE 116 How arraignment and plea made? It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment. During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused. After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty. When is arraignment made? It was made before the start of the trial or before the prosecution presents its case. For example, is upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial. In one hearing an arraignment and pretrial is conducted. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: 1) Counsel of the accused failed to object to lack of arraignment during the trial. 2) Counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. PROCEDURE OF ARRAIGNMENT ; 1. It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial 2. By the judge or clerk of court; 3. By furnishing the accused with a copy of the complaint or information; 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings When to conduct arraignment? Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. The third are cases under RA 7610, the trial shall be commenced within 3 days from arraignment, the fourth are cases under the dangerous drugs act, and the fifth cases under SC AO 104-96 i.e. heinous crimes. IS THE PRESENCE OF OFFENDED PARTY REQUIRED DURING ARRAIGNMENT? Yes. The presence of a private offended party is required in the following instances; 1. Plea bargaining 2. Determination of civil liability; and 3. Other matters requiring his presence In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide). Trial in absentia - can only be done only after a valid arraignment. If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned. WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED? 1. When the accused so pleaded; 2. When he refuses to plead 3. Where in admitting the act charged he sets up matters of defense or with lawful justification 4. When he enters a conditional plea of guilty 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous. Plea of guilty - a judicial confession of guilt. The effects of a plea of guilty then the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein. If the accused pleads guilty to a capital offense, what the court should do? The court must ascertain if there is voluntariness on the part of the accused. The court is under obligation to inquire searching questions as voluntariness of the plea or if the accused has fully understood the consequences of his plea of guilty. Searching Inquiry Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary acquit. IMPROVIDENT PLEA -It is a plea without information as to all the circumstances affecting it. -It is based upon a mistaken assumption or misleading information or advice. (There are consequences under the rules). Period to withdraw an improvident plea At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court. New trial or case will re-open as it was the effect of withdrawal of the improvident plea PLEA-BARGAINING Process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
MANTO, KYLA M. 3C2 Thank you Sir for the video recorded lecture, this is the summary of what I've learned from part 9 Arraignment and Plea Rule 116: How arraignment and Plea made? It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. *One of the constitutional right of the accused is to be informed of the nature and cause of the accusation against him. *The accused will be informed of what is the charge made against him and what is its nature called as arraignment. *During arraignment, the accused is asked, this is the proper spelling of your name or the court or judge sometimes ask for the presentation of a government issued of accused in order to assert him to determine the certainty the identity of the accused. *Plea This is the response of the accused to the information that was brought against him whether guilty or not guilty. Arraignment is made before the start of the trial or before the prosecution presents its case. Arraignment is simultaneouly done or set with the trial. In one hearing and the trial is conducted. There are exceptions wherein the arraignment is made after the prosecution rested its case: 1. If the counsel of the accused failed to object lack of arraignment during trial. 2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses. Procedure of arraignment: 1. It must be made in open court meaning in a hearing within the public view where the complaint or information has been files or assigned for trial. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a copy of the complaint or information. 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings. Period of Arraignment: *Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused. *Under the rules of continues trial, it shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused. *Arraignment is done simultaneously with the trial on the same day. Exceptions: 1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. 2. Where the complainant is about to depart from the Philippines with no definite date of return, the accused should be arraigned without delay. 3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment. 4. Cases under the Dangerous Drugs Act. 5. Cases under SC AO 104-96 ie. Presence of the offended party during arraignment The presence of the private offended party is required in the ff purposes: *Plea bargaining *Determination of civil liability or damages payable to the private offended party. *Other matters requiring his presence In case that the private complainant fails to appear despite due notice during arraigment then the accused can plead to a lesser offense. Different rules on arraigment: Can the case proceed even without the participation of the accused? Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia. Trial in absentia- can only be done only after a valid arraignment. When a should a plea of not guilty be entered: 1. After reading of the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused so pleaded then a not guilty plea will be entered into the records. 2. If the accused refuses to enter his own plea. 3. If the accused had admitted the act charged but subsequently set ups matter of defense. 4. The accuse has pleaded guilty but set forth some conditions on such plea. 5. If the accused entered a plea of guilty but presents evidence for his defense. 6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations. Plea of guilty - is a judicial confession of guilt. *Non-capital offense These are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua. If the accused pleads guilty to a capital offense, what are the duties of the court? Court ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability. *Searching inquiry The accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. The trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will. *Improvident Plea Plea of guilt without the benefit of information as to all the circumstances affecting it. *Plea by mistake If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information , there are consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. *Plea Bargaining In criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
BAUTISTA JOHN ERICO A. 3C4 Thankyou sir! This is the summary of what I learned A complaint or information must be presented within the court where the allegation is formed, orwhere the case is assigned for trial. An arraignment could be a formal proceeding during which the defendant is asked whether he or she is going to plead guilty or innocent , all tired a public courtroom where the defendant is given a duplicate of the charge, read to him or her, and asked if he or she intends to plead guilty or clean-handed. apart from individuals mentioned within the complaint or information, the prosecution may turn witnesses during the trial. At the arraignment, the accused must be present and voluntarily enter his plea. The bothar (plural of botharment) and plea must be stated in court, although absence of an announcement won't invalidate the proceedings. A plea of acquitted must be recorded if the accused refuses to plead or if his plea is conditional. When the accused acknowledges culpability but also provides proof that he's innocent, the costs against him are going to be dropped and a replacement charge are added for him. General Rule; If there's no arraignment then then the judgment is void except when after trail, the accused was subsequently arraign. When should a plea of innocent be entered? After reading the knowledge by the judge of his clerk of court, the accused will inform the court innocent your honor so when the accused entered into the records. If the accused simply refuses to enter his own plea then a plea of clean-handed are going to be entered. When in admitting the act charged he sets up matters of defense or with lawful jurisdiction; When he enters a conditional plea of guilty When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of clean-handed shall be entitled for him; When the plea is indefinite or ambiguous or it's susceptible of various interpretations. Plea of Guilty A judicial confession of guilt. It is an unconditional plea of guilt which admits of the crime and every one the attendant circumstances alleged information including the allegations of conspiracy and warrants judgment of conviction without need of further evidence.
Good day Atty thank you for todays lecture, this are the summary of what I've learn thay you po. Arraignment and Plea Rule 116 Arraignment and Plea, how made - it's a proper mode of implementing the constitutional right of the accused to be told of the character and reason behind the accusation against him. • one amongst the constitutional right of the accused is to learn of the character and explanation for the accusation against him. so as to suits such constitutional requirement, the principles of court devises a proper process or proceeding wherein the accused are going to be informed of what's the charge made against him and what's its nature called as arraignment. • During arraignment, the accused is asked, this is often the right spelling of your name or the court or judge sometimes invite the presentation of a government issued of accused so as to claim him to work out the knowledge the identity of thr accused. Plea - this is often the response of the accused to the data that was brought against him whether guilty or innocent . When made - Arraignment is created before the beginning of the trial or before the prosecution presents its case. - Arraignment is simultaneouly done or set with the trial. In one hearing and also the trial is conducted. • There are exceptions wherein the arraignment is formed after the prosecution rested its case: 1. If the counsel of the accused didn't object lack of arraignment during trial. . 2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses. • Procedure of arraignment 1. It must be made in open court meaning during a hearing within the general public view where the complaint or information has been files or assigned for trial. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a replica of the complaint or information. 4. Reading it in an exceedingly language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or innocent . 6. Both arraignment and plea shall be manufactured from record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings. • Period of Arraignment - Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused. - Under the principles of continues trial, it shall be as soon as possible, as soon as there's arrest or voluntary surrender on the a part of the accused. - Arraignment is finished simultaneously with the trial on the identical day. Exceptions: 1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. 2. Where the complainant is on the brink of depart from the Philippines with no definite date of return, the accused should be arraigned directly. 3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment. 4. Cases under the damaging Drugs Act. 5. Cases under SC AO 104-96 ie. • Presence of the offended party during arraignment The presence of the private offended party is required within the ff purposes: 1. plea bargain 2. Determination of civil liability or damages payable to the private offended party 3. Other matters requiring his presence In case that the private complainant fails to seem despite due notice during arraigment then the accused can plead to a lesser offense. • Different rules on arraigment Can the case proceed even without the participation of the accused? - Yes, the absence of the accused are going to be deemed as waiver to look during trial. it'll mean that he waives the proper to confront his witnesses, to participate during trial then the court will proceed despite his absence called trial in absentia. Take Note: Trial in absentia can only be done only after a sound arraignment. If there's no arraigment then the judgement is void except when after trial, the accused was subsequently arraign. • When a should a plea of innocent be entered 1. After reading of the data by the judge of his clerk of court, the accused will inform the court guiltless your honor so when the accused so pleaded then a clean-handed plea are going to be entered into the records. 2. If the accused refuses to enter his own plea. 3. If the accused had admitted the act charged but subsequently set ups matter of defense. 4. The accuse has pleaded guilty but set forth some conditions on such plea. 5. If the accused entered a plea of guilty but presents evidence for his defense. 6. When the plea is indefinite or ambiguous or it's susceptible of various interpretations. Plea of guilty - may be a judicial confession of guilt. Effect of a plea of guilty General Rule: for instance the accused admitted all the fabric allegations within the infornation similarly because the aggravating circumstances contained therein, there's no more need for the prosecution to prove the yield of the accused because there was a plea of guilty. - the accused acknowledge that he's indeed the perpetrator of the crime. Non-capital offense - these are offenses which don't seem to be punished by the crime and therefore the law-breaking is death but death the penalty is suspended so it reduced to reclusion perpetua. If the accused pleads guilty to a law-breaking, what are the duties of the court? - the court must ascertain if there's voluntariness on the a part of the accused because it happens that sometimes the accused are struggling, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries on the voluntariness of the plea or if the accused had fully understand the implications of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability. Searching inquiry - if the accused pleads guilty to a law-breaking then the court is remitted conduct searching inquiry. - where the justice will satisfy himself that the accused has pleaded guilty out of his voluntary will. Improvident Plea - could be a plea of guilt without the advantage of information on all the circumstances affecting it. - could be a plea by mistake. If there was mistake within the plea of the accused due to some mistake and assumption or some misleading information , there are consequences under the foundations. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases could be a process whereby the accused and therefore the prosecution tries to enter into an agreement on how the case is to be disposed.
BALASBAS JULIUS L. 3C1 Thank you Sir. This is the summary of what I've learned: Arraignment and Plea Rule 116 It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. One of the constitutional right of the accused is to be informed of the nature and cause of the accusation against him. To comply with such constitutional requirement, will be informed of what is the charge made against him and what is its nature called as arraignment. During arraignment, the accused is asked, this is the proper spelling of your name or the court or judge sometimes ask for the presentation of a government issued of accused in order to assert him to determine the certainty the identity of thr accused. PLEA- this is the response of the accused to the information that was brought against him whether guilty or not guilty. Arraignment is made before the start of the trial or before the prosecution presents its case, done or set with the trial. In one hearing and the trial is conducted. There are exceptions wherein the arraignment is made after the prosecution rested its case: 1. If the counsel of the accused failed to object lack of arraignment during trial. 2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses. Procedure of arraignment: 1. It must be made in open court. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a copy of the complaint or information. 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made. Period of Arraignment: - Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction. It shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused. And, arraignment is done simultaneously with the trial on the same day. Exceptions: 1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. 2. Where the complainant is about to depart from the Philippines with no definite date of return, the accused should be arraigned without delay. (Note: If the person about to depart is not the accused but the complainant.) 3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment. 4. Cases under the Dangerous Drugs Act. 5. Cases under SC AO 104-96 ie. The presence of the private offended party is required in the ff purposes: 1. Plea bargaining 2. Determination of civil liability or damages payable to the private offended party 3. Other matters requiring his presence In case that the private complainant fails to appear despite due notice during arraigment then the accused can plead to a lesser offense. When a should a plea of not guilty be entered: 1. After reading of the information by the judge of his clerk of court. 2. If the accused refuses to enter his own plea. 3. If the accused had admitted the act charged but subsequently set ups matter of defense. 4. The accuse has pleaded guilty but set forth some conditions on such plea. 5. If the accused entered a plea of guilty but presents evidence for his defense. 6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations. PLEA OF GUILTY - is a judicial confession of guilt. NON CAPITAL OFFENSE- these are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua. SEARCHING INQUIRY - if the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. - where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will. IMPROVIDENT PLEA- Is a plea of guilt without the benefit of information as to all the circumstances affecting it. - is a plea by mistake. If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information , there are consequences under the rules. PLEA BARGAINING- in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
PASTRANA, KATRINE L. 3C2 RULE 116 ARRAIGNMENT AND PLEA HOW MADE? - It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him - Arraignment is made before the start of the trial or before the prosecution presents its case. - After arrest of the accused or upon his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial. - It is most commonly done before the pre-trial ARRAIGNMENT - It is formal process or formal proceeding wherein the accused will be informed of what is the charge made against him and what is its nature - This is the proceeding in a criminal case where those object is to fix the identity of the accused and then inform him of the charge as well as to give him an opportunity to plead or to obtain from the accused his answer to such information - Set on a separate date before the pre-trial but because of the rules continuous trial it is now simultaneously done or set with the trial. PLEA - It is the response of the accused to the information that was brought against him whether guilty or not guilty. - Confession of guilt. GENERAL RULE - Arraignment must be made before the start of the trial or before the prosecution presents its case. EXCEPTIONS (arraignment is made after the prosecution rested its case) 1. If the counsel of the accused failed to object to lack of arraignment during trial. 2. If the council of the accused had full opportunity to conduct cross-examination of witnesses PROCEDURE OF ARRAIGNMENT 1. It must be made in an open court where the complaint or information has been filed or assigned for trial. 2. It must be made by the judge or his or her clerk of court. 3. By furnishing the accused with a copy of the complaint or information. 4. By reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not. 6. Both arraignment and plea must be made of record but the failure to enter the record should not affect the validity of the proceeding. GENERAL RULE - Arraignment under the old rule is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused (under the rules on continues trial). EXCEPTION 1. When an accused is under preventive detention, his case should be raffled off within 3 days from filing and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case. 2. Where the complainant is about to depart from the Philippines with no definite intention of return the accused should be arraigned without delay. NOTE: If the person is about to depart is not the accused but the complainant especially in cases involving child abuse the trial shall commands within 3 days from the date of arraignment, cases under the dangerous drugs act, heinous crimes violations of intellectual property rights law- these cases must be tried continuously until terminated within 60 days from commencement of the trial and to be decided within 30 days from submission of the case. now PRESENCE OF THE OFFENDED PARTY DURING ARRAIGNMENT 1. Plea bargaining 2. Determination of the civil liability 3. Other matters requiring his presence. NOTE: In case that the offended party fails to appear despite you notice, the court then may allow the accused to enter a plea of guilty to a to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. DIFFERENT RULES ON ARRAIGNEMENT 1. Trial in absentia may be conducted only after valid arraignment. 2. Accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused). 3. Accused is presumed to have been validly arraigned in the absence of proof to the contrary. GENERAL RULE - Judgment is void if accused has not been validly arraigned. EXCEPTION - If the accused went into trial without being arraigned, subsequent arraignment will cure the error provided that the accused was able to present evidence and cross-examine the witness of the prosecution during trial. WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED? 1. When the accused so pleaded. 2. When he refuses to plead. 3. Where in admitting the act charged he sets up matters of defense or with lawful justification. 4. When he enters a conditional plea of guilty. 5. Where after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. 6. When the plea is indefinite or ambiguous. UNCONDITIONAL PLEA OF GUILT - Admits of the crime and all the attendant circumstances, alleged in the information including the allegations of conspiracy and warrants the judgment of conviction without the need of further evidence. EFFECT OF A PLEA OF GUILTY GENERAL RULE - A plea of guilty admits the truth of all material facts alleged in the information including the aggravating circumstance. EXCEPTIONS 1. Where the plea of guilty was compelled by violence or intimidation. 2. When the accused did not fully understand the meaning and consequences of his plea. 3. When the information is insufficient to sustain the conviction of the offense charged. 4. When the information does not charge an offense. 5. When the court has no jurisdiction. EXCEPTION TO THE EXCEPTION - If what the accused would prove is an exempting circumstance, it would be amount to a withdrawal for his not plea of guilty. NON-CAPITAL OFFENSE - These are offenses which are not punished by the capital offense. - Reception of evidence is merely discretionary. - The court is not obliged to receive evidence of the guilt of the accused. The court will directly find the accused guilty on the basis of his plea alone. CAPITAL OFFENSE - Is death but penalty of death is now suspended so it is reduced to reclusion perpetua. - The court is required to receive evidence to prove his guilt and degree of culpability. - If the court did not conduct reception of evidence and the accused pleaded guilty to a capital offense, then such plea of guilty has no legal effect and therefore the court may not enter a judgment of conviction on the basis alone of a plea of guilty. okay ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, WHAT THE COURT SHOULD DO? 1. Conduct searching into the: a. Voluntariness of the plea b. Full comprehension of the consequences of the plea 2. Require the prosecution to prove the guilt and the precise degree of culpability. PURPOSE OF PRESENTATION OF EVIDENCE AFTER THE PLEA OF GUILTY - To avoid any misunderstanding on the part of the accused as to the nature of the charges to which he pleaded guilty.
SEARCHING OF INQUIRY - It is where the trial judge will satisfy himself that the accused has pleaded guilty out of his VOLUNTARY WILL - There was no coercion and that the accused is TRULY GUILTY - Based on the accused testimony, there exists a RATIONAL BASIS FOR A FINDING OF GUILT okay DUTIES OF THE JUDGE IN CONDUCTING SEARCHING INQUIRY He should asked: 1. Ascertain from the accused himself: A. How he was brought into the custody of the law B. Whether the accused was assisted by a competent counsel during custodial and preliminary investigation C. What are the conditions for which he was detained and interrogated during the investigations 2. Ask the defense counsel or the counsel for the accused series of questions. 3. Elicit information about the personality profile of the accused. 4. Informed of the exact length of the imprisonment or the nature of the penalty. 5. Inquire if the accused knows the crime for which he was charged and the court will have to explain to him all the elements of the crime. 6. Language known to him and understood by him. 7. The judge must have to satisfy himself that the accused is truly guilty of the crime to which he is pleading guilty. IMPROVIDENT PLEA - It is a plea of guilt without the benefit of information as to all the circumstances affecting it no an improvement plea - It is based upon the mistaken assumption or misleading information. so if there was mistake in PERIOD TO WITHDRAW A PROVIDENT PLEA - The accused can withdraw improvident plea at any time before the judgment of conviction becomes final so any NOTE: The withdrawal of an improvident plea is not a matter of legal right but is addressed to the sound discretion of the trial court. EFFECT OF THE WITHDRAWAL OF THE IMPROVIDENT PLEA - If the accused withdraws is improvident plea then there will be a new trial. - The case will be reopened and there will be a new trial then the prosecution will be required to present its evidence. GROUNDS FOR SUSPENSION OF ARRAIGNMENT 1. If 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. 2. There exists a prejudicial question. PREJUDICIAL QUESTION - Present when there is a civil case which has an issue which is interrelated with the criminal case. The resolution of the issue in the civil case will determine whether or not the criminal case will proceed. - If there is a prejudicial question then the arraignment of the accused will be suspended. 3. If there was a petition for review of the resolution of the prosecutor is pending at Department of Justice or the office of the President. The suspension will not exceed for 60 days counted from the filing of petition. 4. There is a pending incidence such as: A. Motion to Quash B. Motion for Inhibition C. Motion for bill of particulars PLEA BARGAINING - In criminal cases plea bargaining is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed. Such agreement which is mutually satisfactory (on both parties) and is subject for the approval of the court. - The accused can plead guilty to a lower offense for a lower sentence subject to the approval of the court.
VIOLANDA, VENUS M. 3C2 In this video what I have learned on this part, is that Arraignment and Plea Rule 116. It is a conventional method of executing the protected right of the blamed to be educated for the idea of the allegation against him. The blame was educated for the charge against him and its inclination. This cycle is called an arraignment. During arraignment in a criminal continuing, the blamed is educated about the legitimate spelling of his name or the adjudicator may request the introduction of the blamed to decide the character for the denounced. Subsequent to illuminating him regarding the charge the blamed enter the supplication, which is the reaction of the denounced to the data that battled against him if liable blameworthy. It was made before the beginning of the preliminary or before the indictment communicates its perspective. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: 1. Counsel of the accused failed to object to lack of arraignment during the trial. 2. Counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. Procedure of Arraignment 1. It must be in open court where the complaint or information has been filed or assigned for trial. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a copy of the complaint or information. 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings. Period of Arraignment Arraignment under the old standard is directed within 30 days from the date the court procured purview over the individual of the denounced. Under the guidelines of proceeds with preliminary, it will be quickly, when there is capture or deliberate acquiescence with respect to the blamed. Arraignment is done all the while with the preliminary around the same time. Exemptions a.When an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case. b.Where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. c.Cases under RA 7610, the trial shall be commenced within 3 days from arraignment. d.Cases under the dangerous drugs act e.Cases under SC AO 104-96 i.e. heinous crimes. Is the presence of the offended party required during an arraignment? Yes. The presence of a private offended party is required in the following instances: 1. Plea bargaining 2. Determination of civil liability; and 3. Other matters requiring his presence In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide). Trial in absentia can only be done only after a valid arraignment. If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned. When should a plea of not guilty be entered? 1. When the accused so pleaded; 2. When he refuses to plea; 3. Where in admitting the act charged he sets up matters of defense or with lawful justification; 4. When he enters a conditional plea of guilty; 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him; and 6. When the plea is indefinite or ambiguous. Plea of guilty is a judicial confession of guilt. The impacts of a supplication of blameworthy then the blamed concede reality for all material realities affirmed data including exasperating conditions referenced in that. Searching Inquiry On the off chance that the charged concedes to a capital offense, what the court ought to do The court should determine in case there is intentionality with respect to the denounced. The court is under commitment to ask looking through questions as to the intentionality of the request or then again if the blamed has completely perceived the ramifications for his supplication of liable. Where the preliminary appointed authority will fulfill himself that the blamed has confessed out for his intentional clear. Improvident Plea It is a supplication without data concerning every one of the conditions influencing it. It depends on a mixed-up presumption or deluding data or counsel. In case there was both in the request of the blamed in light of the fact that for some slip-up and presumption or some deceptive data, there are ramifications under the guidelines. Period to Withdraw an Improvident Plea Whenever during preliminary before the certainty of conviction, the blamed can adjust his perspective and pull out his improvident request. The withdrawal of it's anything but an issue of lawful right yet is the location at the tact of the preliminary court. Plea-bargaining It is an interaction whereby the blamed and the arraignment work in a commonly agreeable manner of the case subject to court endorsement.
FAJANILAN, KRISTEL ANNE C. 3C1 Thank you Sir. This is the summary of what I've learned: Arraignment and Plea Rule 116 Arraignment and Plea, how made - It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. • One of the constitutional right of the accused is to be informed of the nature and cause of the accusation against him. In order to comply with such constitutional requirement, the rules of court devises a formal process or proceeding wherein the accused will be informed of what is the charge made against him and what is its nature called as arraignment. • During arraignment, the accused is asked, this is the proper spelling of your name or the court or judge sometimes ask for the presentation of a government issued of accused in order to assert him to determine the certainty the identity of thr accused. Plea - this is the response of the accused to the information that was brought against him whether guilty or not guilty. When made - Arraignment is made before the start of the trial or before the prosecution presents its case. - Arraignment is simultaneouly done or set with the trial. In one hearing and the trial is conducted. • There are exceptions wherein the arraignment is made after the prosecution rested its case: 1. If the counsel of the accused failed to object lack of arraignment during trial. Example: the case proceeded to pre-trial and trial but there was no arraignment. 2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses. • Procedure of arraignment 1. It must be made in open court meaning in a hearing within the public view where the complaint or information has been files or assigned for trial. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a copy of the complaint or information. 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings. • Period of Arraignment - Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused. - Under the rules of continues trial, it shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused. - Arraignment is done simultaneously with the trial on the same day. Exceptions: 1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. 2. Where the complainant is about to depart from the Philippines with no definite date of return, the accused should be arraigned without delay. (Note: If the person about to depart is not the accused but the complainant.) 3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment. 4. Cases under the Dangerous Drugs Act. 5. Cases under SC AO 104-96 ie. • Presence of the offended party during arraignment The presence of the private offended party is required in the ff purposes: 1. Plea bargaining 2. Determination of civil liability or damages payable to the private offended party 3. Other matters requiring his presence In case that the private complainant fails to appear despite due notice during arraigment then the accused can plead to a lesser offense. • Different rules on arraigment Can the case proceed even without the participation of the accused? - Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia. Take Note: Trial in absentia can only be done only after a valid arraignment. If there is no arraigment then the judgement is void except when after trial, the accused was subsequently arraign. • When a should a plea of not guilty be entered 1. After reading of the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused so pleaded then a not guilty plea will be entered into the records. 2. If the accused refuses to enter his own plea. 3. If the accused had admitted the act charged but subsequently set ups matter of defense. 4. The accuse has pleaded guilty but set forth some conditions on such plea. 5. If the accused entered a plea of guilty but presents evidence for his defense. 6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations. Plea of guilty - is a judicial confession of guilt. Effect of a plea of guilty General Rule: for example the accused admitted all the material allegations in the infornation as well as the aggravating circumstances contained therein, there is no more need for the prosecution to prove the yield of the accused because there was a plea of guilty. - the accused acknowledge that he is indeed the perpetrator of the crime. Non-capital offense - these are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua. If the accused pleads guilty to a capital offense, what are the duties of the court? - the court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability. Searching inquiry - if the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. - where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will. Improvident Plea - is a plea of guilt without the benefit of information as to all the circumstances affecting it. - is a plea by mistake. If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information , there are consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
JAVIER, KAYCE R. 3C1 Good Day Sir! This is the summary of what I’ve learned today. Thank you for this video-recorded lecture. Part 9 on Rules of Criminal Procedure ARRAIGNMENT AND PLEA RULE 116 How arraignment and plea made? It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment. During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused. After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty. When is arraignment made? It was made before the start of the trial or before the prosecution presents its case. For example, is upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial. In one hearing an arraignment and pretrial is conducted. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: 1) Counsel of the accused failed to object to lack of arraignment during the trial. 2) Counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. Procedure of Arraignment 1. It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial 2. By the judge or clerk of court; 3. By furnishing the accused with a copy of the complaint or information; 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings When to conduct arraignment? Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. The third are cases under RA 7610, the trial shall be commenced within 3 days from arraignment, the fourth are cases under the dangerous drugs act, and the fifth cases under SC AO 104-96 i.e. heinous crimes. Is the presence of the offended party required during an arraignment? Yes. The presence of a private offended party is required in the following instances; 1. Plea bargaining 2. Determination of civil liability; and 3. Other matters requiring his presence In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide). Trial in absentia - can only be done only after a valid arraignment. If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned. When should a plea of not guilty be entered? 1. When the accused so pleaded; 2. When he refuses to plead 3. Where in admitting the act charged he sets up matters of defense or with lawful justification 4. When he enters a conditional plea of guilty 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous. Plea of guilty - a judicial confession of guilt. The effects of a plea of guilty then the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein. If the accused pleads guilty to a capital offense, what the court should do? The court must ascertain if there is voluntariness on the part of the accused. The court is under obligation to inquire searching questions as voluntariness of the plea or if the accused has fully understood the consequences of his plea of guilty. Searching Inquiry Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary acquit. IMPROVIDENT PLEA -It is a plea without information as to all the circumstances affecting it. -It is based upon a mistaken assumption or misleading information or advice. (There are consequences under the rules). Period to withdraw an improvident plea At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court. New trial or case will re-open as it was the effect of withdrawal of the improvident plea PLEA-BARGAINING Process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
CABANGON MARVIN V, 3C1 Good morning po sir. This is what I’ve learned from this lecture video regarding Arraignment and plea. Arraignment and Plea- It is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment. This is the proceeding in a criminal case, whose object or which object is to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information. Which is why during the arraignment the accused is asked if this is the correct and proper spelling of his name. Plea- This is the response of the accused to the information that was brought against him whether guilty or not guilty. As a General Rule- Arraignment must be made before start of the trial or before the prosecution presents its case. It is also simultaneously done or set with the trail. In one hearing and the trial is conducted. But there are exemption when The counsel of the accused failed to object lack of arraignment during trial and If the counsel of the accused had full opportunity to cross-examine witnesses The Procedure of arraignment - It must be in open court where the complaint or information has been filed or assigned for trial; - It must be made by the judge or clerk of court - By furnishing the accused with a copy of the complainant or information; - Reading it in a language or dialect known to the accused - Asking accused whether he pleads guilty or not guilty - These arraignment and plea must be made of record but the failure to enter the plea of the accused on record shall not affect the validity of the proceedings. As a general rule in the period of arraignment- Arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused. But the Exemptions are - When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. - Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay. - Cases involving child abuse, the trail shall be commended within 3 days from arraignment. - Cases under the Dangerous drug act. - Cases under SC AO 104-96. Presence of the offended party during arraignment *The private offended party shall be required to appear in the arraignment for the following purposes; - Plea bargaining - Determination of civil liability - Other matters requiring his presence Remember that In cases the offended party fails to appear despite due notice, the court may allow the accused to enter a plea guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. Different rules on arraignment- Is the case proceed even without the participation of the accused? Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, he waives his right to participate during trial and so the court will proceed despite his absence which we called in trial in absentia. As a General Rule- If there is no arraignment then then the judgment is void except when after trail, the accused was subsequently arraign. When should a plea of not guilty be entered? It is After reading the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused entered into the records. If the accused simply refuses to enter his own plea then a plea of not guilty will be entered. When in admitting the act charged he sets up matters of defense or with lawful jurisdiction, When he enters a conditional plea of guilty. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entitled for him and When the plea is indefinite or ambiguous or it is susceptible of different interpretations. Plea of Guilty- It is the judicial confession of guilt. This is an unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged information including the allegations of conspiracy and warrants judgment of conviction without need of further evidence. As a General Rule- A plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned therein. Purpose of the presentation of evidence after the plea of guilty- The reason for this rule is to avoid any misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty. Searching Inquiry- If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. Improvident Plea Is a plea of guilt without the benefit of information as to all the circumstances affecting it and It is based upon a mistaken assumption or misleading information or advice. Period to withdrawal an Improvident plea- The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty. Effect of withdrawal of Improvident plea+ The court shall set aside the judgment of conviction and re-open the case for new trial. Grounds for suspension of arraignment - Motion to Quash - Motion for Inhibition - Motion for bill of Particulars Plea Bargaining- In criminal cases is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval. And Remember thatIt is to be noted that the decision to accept or reject a plea bargaining is within the sound discretion of the court.
TULAWE, RICO O. BSCRIM-3C1 Good day Atty, thank you for this lecture series. This is what I’ve learned in this video. Arraignment and Plea Rule 116 Arraignment and Plea, how made? - it's a proper mode of implementing the constitutional right of the accused to be told of the character and reason behind the accusation against him. • one amongs the constitutional right of the accused is to learn of the character and explanation for the accusation against him. so as to suits such constitutional requirement, the principles of court devises a proper process or proceeding wherein the accused are going to be informed of what's the charge made against him and what's its nature called as arraignment. • During arraignment, the accused is asked, this is often the right spelling of your name or the court or judge sometimes invite the presentation of a government issued of accused so as to claim him to work out the knowledge the identity of the accused. Plea - this is often the response of the accused to the data that was brought against him whether guilty or innocent. When made - Arraignment is created before the beginning of the trial or before the prosecution presents its case. - Arraignment is simultaneously done or set with the trial. In one hearing and also the trial is conducted. • There are exceptions wherein the arraignment is formed after the prosecution rested its case: 1. If the counsel of the accused didn't object lack of arraignment during trial. 2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses. • Procedure of arraignment 1. It must be made in open court meaning during a hearing within the general public view where the complaint or information has been files or assigned for trial. 2. It must be made by the judge or clerk of court. 3. By furnishing the accused with a replica of the complaint or information. 4. Reading it in an exceedingly language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be manufactured from record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings. • Period of Arraignment -Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused. - Under the principles of continues trial, it shall be as soon as possible, as soon as there's arrest or voluntary surrender on the a part of the accused. - Arraignment is finished simultaneously with the trial on the identical day. Exceptions: 1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. 2. Where the complainant is on the brink of depart from the Philippines with no definite date of return, the accused should be arraigned directly. 3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment. 4. Cases under the damaging Drugs Act. 5. Cases under SC AO 104-96 • Presence of the offended party during arraignment the presence of the private offended party is required within the ff purposes: 1. plea bargain 2. Determination of civil liability or damages payable to the private offended party 3. Other matters requiring his presence In case that the private complainant fails to seem despite due notice during arraignment then the accused can plead to a lesser offense. • Different rules on arraignment Can the case proceed even without the participation of the accused? - Yes, the absence of the accused will be deemed as waiver to look during trial. It 'll mean that he waives the proper to confront his witnesses, to participate during trial then the court will proceed despite his absence called trial in absentia. Take Note: Trial in absentia can only be done only after a sound arraignment. If there's no arraigment then the judgement is void except when after trial, the accused was subsequently arraign. • When a should a plea of innocent be entered 1. After reading of the data by the judge of his clerk of court, the accused will inform the court guilty your honor so when the accused so pleaded then a clean-handed plea are going to be entered into the records. 2. If the accused refuses to enter his own plea. 3. If the accused had admitted the act charged but subsequently set ups matter of defense. 4. The accused has pleaded guilty but set forth some conditions on such plea. 5. If the accused entered a plea of guilty but presents evidence for his defense. 6. When the plea is indefinite or ambiguous or it's susceptible of various interpretations. Plea of guilty - may be a judicial confession of guilt. Effect of a plea of guilty General Rule: for instance the accused admitted all the material allegations within the infornation similarly because the aggravating circumstances contained therein, there's no more need for the prosecution to prove the yield of the accused because there was a plea of guilty. - The accused acknowledges that he's indeed the perpetrator of the crime. Non-capital offense - these are offenses which not to be punished by the crime and therefore the law-breaking is death but death the penalty is suspended so it reduced to reclusion perpetua. If the accused pleads guilty to a capital offense, what are the duties of the court? - the court must ascertain if there's voluntariness on the a part of the accused because it happens that sometimes the accused are struggling, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or searching inquiries on the voluntariness of the plea or if the accused had fully understand the implications of his plea guilty and required the prosecution to prove the guilt and precise degree of the culpability of the accused. Searching inquiry - if the accused pleads guilty to a capital offense then the court is remitted conduct searching inquiry. - Where the justice will satisfy himself that the accused has pleaded guilty out of his voluntary will. The judge will ask several questions from the accused. Improvident Plea - could be a plea of guilt without the advantage of information on all the circumstances affecting it. - could be a plea by mistake. If there was mistake within the plea of the accused due to some mistake and assumption or some misleading information, there are consequences under the foundations. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Grounds for suspension of arraignment; Upon motion by proper party on the following grounds; 1. if the accused appears to be suffering from unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently therethru; 2. there exist of valid prejuduial questions 3. A petition for review of the resolution of the prosecutor is pending at the department of justice or office of the president. Provided that the period of suspension shall not exceed 60 days from the filing of petition. Plea Bargaining - in criminal cases could be a process whereby the accused and therefore the prosecution tries to enter into an agreement on how the case is to be disposed. Such agreement is mutually satisfactory on both parties is subject for approval of the court. Pleading guilty for a lesser offense for a lighter sentence.
RIVERA, KAYCELINE B. (3C3)Good day Sir.Thank you for this video recorded discussion, I’ve learned that the arraignmen and plea is the formal mode of implementing the constitutional right of thaccused to be informed of the nature of the accusation against him. This is the proceeding in a criminal case, whose object or which object is to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words his plea to the information. Plea It is the response of the accused to the information that was brought against him whether guilty or not guilty. As a general rule Arraignment must be made before start of thetrial or before the prosecution presents its case. Exemption to the rule, if the counsel of the accused failed to object lack of arraignment during trial and If the counsel of the accused had full opportunity to cross-examine witnesses. Procedure of arraignment It must be in open court where the complaint or information has been filed or assigned for trial, it must be made by the judge or clerk of court, by furnishing the accused with a copy of the complainant or information, reading it in a language or dialect known to the accused, asking accused whether he pleads guilty or not guilty and these arraignment and plea must be made of record but the failure to enter the plea of the accused on record shall not affect the validity of the proceedings. Period of arraignment As a general rule, the arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused. Exemptions to the rule, if the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case, where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay, if the case involving child abuse, the trail shall be commended within 3 days from arraignment and if the cases under the Dangerous drug act. Plea of Guilty A judicial confession of guilt. Effect of a plea of guilty As a general rule, a plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned therein. Exemption to the rule, if the plea of guilt was compelled by violence or intimidation, if the accused did not fully understand the meaning and consequences of his plea, if the information is insufficient to sustain conviction of the offense charged, if the information does not charge an offense, any conviction thereunder being void and if the court has no jurisdiction Exemption to the Exemption, If what the accused would prove is an exempting circumstances, it would amount to a withdrawal of his plea of not guilty. Plea Bargaining In criminal cases, it is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
BICOMONG,RYAN GIMEL M. 3c4 Good day sir . This is what i learn from this topic. 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.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.When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him.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.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.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.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.
DELANTAR,KYLA MAE M. 3C2 GOOD DAY SIR, HERE;S THE SUMMARY OF WHAT I;VE LEARNED IN YOUR DISCUSSION SECTION 1- (a) A complaint or information must be presented in the court where the allegation is made, orwhere the case is assigned for trial. An arraignment is a formal proceeding in which the defendant is asked whether he or she will plead guilty or not guilty, all done in a public courtroom where the defendant is provided with a copy of the charge, read to him or her, and asked if he or she intends to plead guilty or not guilty. Other than individuals mentioned in the complaint or information, the prosecution may call on witnesses during the trial. At the arraignment, the accused must be present and voluntarily enter his plea. The bothar (plural of botharment) and plea must be stated in court, although absence of an announcement will not invalidate the proceedings. A plea of not guilty must be recorded if the accused refuses to plead or if his plea is conditional. When the accused acknowledges culpability but also provides proof that he is innocent, the charges against him will be dropped and a new charge will be added for him. The case may be raffled under preventive detention, and the record of this must be transmittedsimultaneously to the judge from whom the case was raffled to whom the information or complaint wasfiled within three (3) days after the filing of the information or complaint. If someone is suspected of a crime, he/she must be arraigned within ten (10) days. His arraignment conference is scheduled for ten days before trial. When the aggrieved party has completed the portion of the process that consists of making a plea bargain, determining civil responsibility, and other procedures requiring his attendance, he must attend the arraignment. If the aggrieved party fails to appear for trial despite being properly served notice, the court may allow the accused to enter a plea of guilty to a lesser crime that is part of the offense charged.
GOOD EVENING ATTY RECTO,JUSTINE J. (3C3)LSPU-SPC Thank you atty for this video about arraignment and plea i already watch this before and here the summary ARRAIGNMENT AND PLEA RULE 116 HOW ARRAIGNMENT AND PLEA MADE? It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment. During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused. After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty. WHEN IS ARRAIGNMENT MADE? It was made before the start of the trial or before the prosecution presents its case. For example, is upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial. In one hearing an arraignment and pretrial is conducted. Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following: 1) Counsel of the accused failed to object to lack of arraignment during the trial. 2) Counsel of the accused had full opportunity to cross-examine witnesses. Under these two exemptions, the arraignment is made after the prosecution rested its case. PROCEDURE IN ARRAIGNMENT 1. It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial 2. By the judge or clerk of court; 3. By furnishing the accused with a copy of the complaint or information; 4. Reading it in a language or dialect known to the accused. 5. Asking the accused whether he pleads guilty or not guilty. 6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings WHEN TO CONDUCT ARRANGEMENT? Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. The third are cases under RA 7610, the trial shall be commenced within 3 days from arraignment, the fourth are cases under the dangerous drugs act, and the fifth cases under SC AO 104-96 i.e. heinous crimes. Is the presence of the offended party required during an arraignment? Yes. The presence of a private offended party is required in the following instances; 1. Plea bargaining 2. Determination of civil liability; and 3. Other matters requiring his presence In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide). Trial in absentia - can only be done only after a valid arraignment. If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned. When should a plea of not guilty be entered? 1. When the accused so pleaded; 2. When he refuses to plead 3. Where in admitting the act charged he sets up matters of defense or with lawful justification 4. When he enters a conditional plea of guilty 5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him 6. When the plea is indefinite or ambiguous. Plea of guilty - a judicial confession of guilt. The effects of a plea of guilty then the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein. If the accused pleads guilty to a capital offense, what the court should do? The court must ascertain if there is voluntariness on the part of the accused. The court is under obligation to inquire searching questions as voluntariness of the plea or if the accused has fully understood the consequences of his plea of guilty. Searching Inquiry Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary acquit. IMPROVIDENT PLEA -It is a plea without information as to all the circumstances affecting it. -It is based upon a mistaken assumption or misleading information or advice. (There are consequences under the rules). Period to withdraw an improvident plea At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court. New trial or case will re-open as it was the effect of withdrawal of the improvident plea PLEA-BARGAINING Process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
Arraignment and Plea, How made? In this video recorded discussion I've learned that arraignment is the formal mode of informing the accused of the accusations against him while plea is the response carried out by the accused prior to the brought against him whether guilty or not. In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment.This proceeding gives the accused an opportunity to plead or to obtain from the accused his answer, in other words, his plea to the information.That is the reason why, in the actual proceeding, the accused was asked regarding the proper spelling of his name. When made As a general rule, arraignment must be made before start of the trial or before the prosecution presents its case. It is also simultaneously done or set with the trail. In one hearing and the trial is conducted.The exemption herein is that (1)when the counsilel of the accused failed to object lack of arraignment during trial(2)and if the counsel of the accused had full opportunity to cross-examine witnesses Procedure of arraignment The proper procedure of arraignment is that the procedure is in an open court where the complaint or information has been filed or assigned for trial;it must be made by the judge or clerk of court;by furnishing the accused with a copy of the complainant or information;it was read on a language or dialect the accused is used to so that he can understand;the accused will be asked his plead whether guilty or not.. Period of arraignment As a general rule, arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused. Exemptions; When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case. Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay. (If the person about to depart is not the accused but the complainant.) Cases involving child abuse, the trail shall be commended within 3 days from arraignment. Cases under the Dangerous drug act. Cases under SC AO 104-96. Plea of Guilty Plea is a judicial confession of guilt. The effect of a plea guilty as a general rule is that a plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned ththere. The exemption to general rule is that(1).where the plea of guilt was compelled by violence or intimidation;(2). when the accused did not fully understand the meaning and consequences of his plea;(3). where the information is insufficient to sustain conviction of the offense charged;(4). where the information does not charge an offense, any conviction thereunder being void;(5).where the court has no jurisdiction . But, there is also an exemption to the exemption and that is if what the accused would prove is an exempting circumstances, it would amount to a withdrawal of his plea of not guilty. Purpose of the presentation of evidence after the plea of guilty The reason behind is that for this rule to avoid an misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty. Searching Inquiry If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. (Searching inquiry is that where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.) Improvident Plea Is a plea of guilt without the benefit of information as to all the circumstances affecting it It is based upon a mistaken assumption or misleading information or advice. (Consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.) Period to withdrawal an Improvident plea The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty. Note; The withdrawal of a plea of guilty is not a matter of right to the accused but addresses to the sound discretion to the trial court. Grounds for suspension of arraignment There are three grounds that leads to suspension of the arraignment and thi's are motion to quash; motion for inhibition; motion for bill of particulars Plea Bargaining In criminal cases, plea bargaining is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval
Good Day Atty.! Thank you for this video lecture. This is the summary of what I’ve learned;
Arraignment and Plea, How made?
- It is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him.
- In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment.
- This is the proceeding in a criminal case, whose object or which object is to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information.
- Which is why during the arraignment the accused is asked if this is the correct and proper spelling of his name.
Plea
- This is the response of the accused to the information that was brought against him whether guilty or not guilty.
When made
General Rule;
- Arraignment must be made before start of the trial or before the prosecution presents its case.
- It is also simultaneously done or set with the trail. In one hearing and the trial is conducted.
Exemption
- The counsel of the accused failed to object lack of arraignment during trial
- If the counsel of the accused had full opportunity to cross-examine witnesses
Procedure of arraignment
- It must be in open court where the complaint or information has been filed or assigned for trial;
- It must be made by the judge or clerk of court
- By furnishing the accused with a copy of the complainant or information;
- Reading it in a language or dialect known to the accused
- Asking accused whether he pleads guilty or not guilty
- These arraignment and plea must be made of record but the failure to enter the plea of the accused on record shall not affect the validity of the proceedings.
Period of arraignment
General Rule
- Arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused.
Exemptions;
- When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
- Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay.
(If the person about to depart is not the accused but the complainant.)
- Cases involving child abuse, the trail shall be commended within 3 days from arraignment.
- Cases under the Dangerous drug act.
- Cases under SC AO 104-96.
Presence of the offended party during arraignment
*The private offended party shall be required to appear in the arraignment for the following purposes;
- Plea bargaining
- Determination of civil liability
- Other matters requiring his presence
Note;
- In cases the offended party fails to appear despite due notice, the court may allow the accused to enter a plea guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone.
Different rules on arraignment
*Can the case proceed even without the participation of the accused?
- Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, he waives his right to participate during trial and so the court will proceed despite his absence which we called in trial in absentia.
(Trial in absentia can only be done only after valid arraignment.)
General Rule;
- If there is no arraignment then then the judgment is void except when after trail, the accused was subsequently arraign.
When should a plea of not guilty be entered?
- After reading the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused entered into the records.
- If the accused simply refuses to enter his own plea then a plea of not guilty will be entered.
- When in admitting the act charged he sets up matters of defense or with lawful jurisdiction;
- When he enters a conditional plea of guilty
- When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entitled for him;
- When the plea is indefinite or ambiguous or it is susceptible of different interpretations.
Plea of Guilty
- A judicial confession of guilt.
- It is an unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged information including the allegations of conspiracy and warrants judgment of conviction without need of further evidence.
Effect of a plea of guilty
General Rule;
- A plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned therein.
Example
- The accused admitted all the material allegations in the information as well as the aggravating circumstances contained therein, there is no more need for the prosecution to prove the yield of the accused because there was a plea of guilty.
Exemption
- Where the plea of guilt was compelled by violence or intimidation;
- When the accused did not fully understand the meaning and consequences of his plea;
- Where the information is insufficient to sustain conviction of the offense charged;
- Where the information does not charge an offense, any conviction thereunder being void;
- Where the court has no jurisdiction
Exemption to the Exemption
- If what the accused would prove is an exempting circumstances, it would amount to a withdrawal of his plea of not guilty.
Note;
*Non-capital offense
- These are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua.
*If the accused pleads guilty to a capital offense, what are the duties of the court?
- The court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harassment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of the culpability of the accused.
Purpose of the presentation of evidence after the plea of guilty
- The reason for this rule is to avoid any misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty.
Searching Inquiry
- If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry.
(Searching inquiry is that where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.)
Improvident Plea
- Is a plea of guilt without the benefit of information as to all the circumstances affecting it
- It is based upon a mistaken assumption or misleading information or advice.
(Consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.)
Period to withdrawal an Improvident plea
- The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty.
Note;
- The withdrawal of a plea of guilty is not a matter of right to the accused but addresses to the sound discretion to the trial court.
Effect of withdrawal of Improvident plea
- The court shall set aside the judgment of conviction and re-open the case for new trial.
Grounds for suspension of arraignment
- Motion to Quash
- Motion for Inhibition
- Motion for bill of Particulars
Plea Bargaining
- In criminal cases is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
Note;
- It is to be noted that the decision to accept or reject a plea bargaining is within the sound discretion of the court.
OSUNA, CHARLENE MAY M.
3C2 BS-CRIMINOLOGY LSPU-SPCC
Laki ng tulong nitong mga vlogs mo, Atty. Maraming salamat!
Thank you, Sir! This helps me a lot😇
Thanks for this, Sir. Very helpful!
Arraignment and Plea, How made?
In this video recorded discussion I've learned that arraignment is the formal mode of informing the accused of the accusations against him while plea is the response carried out by the accused prior to the brought against him whether guilty or not. In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment.This proceeding gives the accused an opportunity to plead or to obtain from the accused his answer, in other words, his plea to the information.That is the reason why, in the actual proceeding, the accused was asked regarding the proper spelling of his name.
When made
As a general rule, arraignment must be made before start of the trial or before the prosecution presents its case. It is also simultaneously done or set with the trail. In one hearing and the trial is conducted.The exemption herein is that (1)when the counsilel of the accused failed to object lack of arraignment during trial(2)and if the counsel of the accused had full opportunity to cross-examine witnesses
Procedure of arraignment
The proper procedure of arraignment is that the procedure is in an open court where the complaint or information has been filed or assigned for trial;it must be made by the judge or clerk of court;by furnishing the accused with a copy of the complainant or information;it was read on a language or dialect the accused is used to so that he can understand;the accused will be asked his plead whether guilty or not..
Period of arraignment
As a general rule, arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused.
Exemptions;
When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay.
(If the person about to depart is not the accused but the complainant.)
Cases involving child abuse, the trail shall be commended within 3 days from arraignment.
Cases under the Dangerous drug act.
Cases under SC AO 104-96.
Plea of Guilty
Plea is a judicial confession of guilt. The effect of a plea guilty as a general rule is that a plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned ththere. The exemption to general rule is that(1).where the plea of guilt was compelled by violence or intimidation;(2). when the accused did not fully understand the meaning and consequences of his plea;(3). where the information is insufficient to sustain conviction of the offense charged;(4). where the information does not charge an offense, any conviction thereunder being void;(5).where the court has no jurisdiction . But, there is also an exemption to the exemption and that is if what the accused would prove is an exempting circumstances, it would amount to a withdrawal of his plea of not guilty.
Purpose of the presentation of evidence after the plea of guilty
The reason behind is that for this rule to avoid an misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty.
Searching Inquiry
If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry.
(Searching inquiry is that where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.)
Improvident Plea
Is a plea of guilt without the benefit of information as to all the circumstances affecting it
It is based upon a mistaken assumption or misleading information or advice.
(Consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.)
Period to withdrawal an Improvident plea
The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty.
Note;
The withdrawal of a plea of guilty is not a matter of right to the accused but addresses to the sound discretion to the trial court.
Grounds for suspension of arraignment
There are three grounds that leads to suspension of the arraignment and thi's are motion to quash; motion for inhibition; motion for bill of particulars
Plea Bargaining
In criminal cases, plea bargaining is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval
LAT RONNEL Z.
3C3 BS-CRIMINOLOGY
RULE 116- ARRAIGNMENT AND PLEA
This is what I've learned,it is the right of the accused to be informed of the nature of the accusations against him, and it is the purpose why there is arraignment and plea.
It is done right before the start of the trial or before the prosecution presents its case.
So, how it is made?
First thing to consider is that it must be in an open court wherein it is open for public view.Second, it must be made by the judge or clerk of the court.Third, by furnishing the accused with a copy of complaint.Fourth, is to read the accusation in the language or dialect that the accused will able to udnerstand.Last thing to consider is asking the accused person whether or not he pleads guilty or not.
It shall be made 30 dyas from the date the court acquires jurisdiction over the person.
PURPOSE why the presence of the offended party during arraignment is required:
1. Plea Bargaining;
2. Determination of civil liability;and
3. Other matters requiring his presence
Plea of guilty
A judicial confession of guilt.
Effect of a plea of guilty
As a general rule, a plea of guilty admits the truth of all material facts alleged in the
information including all the aggravating circumstances mentioned therein.
The admission of all guilt has been made formally and conclusively.
Thank you, Atty.
SABONG, ROVILYN M.
3C3
I learned a lot regarding to the topic Arraignment and plea rule116on how the arraignment and plea made?
It is a formal method of enforcing the accused's constitutional right to know the nature of the charges leveled against him. The accused was told of the allegation leveled against him as well as the nature of the charge. An arraignment is the name for this procedure.
The accused is told of the right spelling of his name before arraignment in a criminal process, or the court may request the accused's presentation to determine the accused's identity.
After being informed of the accusation, the accused enters a plea, which is the accused's reaction to the evidence against him, whether guilty or not guilty.Also i understand and i know when is arraignment made, it was made before the trial began or the prosecution presented its case. For example, whether the accused is arrested or surrenders voluntarily to the court, the court will set the matter for arraignment, which must occur before the trial. Arraignment and pretrial proceedings are completed in one hearing.There are the exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
1) Counsel of the accused failed to object to lack of arraignment during the trial.
2) Counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.I undertand and i know the step by step procedure of Arraignment, first It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial; By the judge or clerk of court; By furnishing the accused with a copy of the complaint or information;Reading it in a language or dialect known to the accused;Asking the accused whether he pleads guilty or not guilty;Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceeding.
Roque, Alexandra 3C2
Thank you, Atty. For the video lecture.
The following are what I have learned.
ARRAIGNMENT AND PLEA
It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment.
During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused.
After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty.
WHEN IS ARRAIGNMENT MADE?
It was made before the start of the trial or before the prosecution presents its case.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
a. If the counsel of the accused failed to object to lack of arraignment during the trial.
b. If the counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
PROCEDURE OF ARRAIGNMENT
1. It must be in open court where the complaint or information has been filed or assigned for trial.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a copy of the complaint or information.
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings.
PERIOD OF ARRAIGNMENT
Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. Under the rules of continues trial, it shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused. Arraignment is done simultaneously with the trial on the same day.
EXEMPTIONS
a. When an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
b. Where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay.
c. Cases under RA 7610, the trial shall be commenced within 3 days from arraignment.
d. Cases under the dangerous drugs act
e. Cases under SC AO 104-96 i.e. heinous crimes.
IS THE PRESENCE OF THE OFFENDED PARTY REQUIRED DURING AN ARRAIGNMENT?
Yes. The presence of a private offended party is required in the following reasons:
1. Plea bargaining
2. Determination of civil liability or damages payable to the private offended party
3. Other matters requiring his presence
In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense
Example: In a case of murder then accused attend for his arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide.
CAN THE CASE PROCEED EVEN WITHOUT THE PARTICIPATION OF THE ACCUSED?
Yes. The absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia.
Trial in absentia - It can only be done only after a valid arraignment.
If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned.
WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED?
1. After reading of the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused so pleaded then a not guilty plea will be entered into the records.
2. When the accused refuses to plead.
3. Where the accused in admitting the act charged sets up matters of defense or with lawful justification
4. When the accused enters a conditional plea of guilty
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him
6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations.
PLEA OF GUILTY
It is a judicial confession of guilt.
THE EFFECTS OF A PLEA OF GUILTY
When the accused admitted all the material allegations in the information as well as the aggravating circumstances contained therein, there is no more need for the prosecution to prove the yield of the accused because there was a plea of guilty.
NON-CAPITAL OFFENSE
These are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion Perpetua.
IF THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, WHAT ARE THE DUTIES OF THE COURT?
The court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harassment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability.
SEARCHING INQUIRY
If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry.
Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.
IMPROVIDENT PLEA
It is a plea without information as to all the circumstances affecting it.
It is based upon a mistaken assumption or misleading information or advice. If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information, there are consequences under the rules.
PERIOD TO WITHDRAW AN IMPROVIDENT PLEA
At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court.
PLEA-BARGAINING
It is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
GOOD DAY ATTY. THANK YOU FOR THIS UPLOADING VIDEO LECTURE. THIS IS THE SUMMARY OF WHAT I'VE LEARNED!!
ARRAIGNMENT AND PLEA RULE 116
How arraignment and plea made?
It is a formal method of enforcing the accused's constitutional right to know the nature of the charges leveled against him. The accused was told of the allegation leveled against him as well as the nature of the charge. An arraignment is the name for this procedure.
The accused is told of the right spelling of his name before arraignment in a criminal process, or the court may request the accused's presentation to determine the accused's identity.
After being informed of the accusation, the accused enters a plea, which is the accused's reaction to the evidence against him, whether guilty or not guilty.
When is arraignment made?
It was made before the trial began or the prosecution presented its case. For example, whether the accused is arrested or surrenders voluntarily to the court, the court will set the matter for arraignment, which must occur before the trial. Arraignment and pretrial proceedings are completed in one hearing.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
1) Counsel of the accused failed to object to lack of arraignment during the trial.
2) Counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
Procedure of Arraignment
- It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial
-By the judge or clerk of court;
-By furnishing the accused with a copy of the complaint or information;
-Reading it in a language or dialect known to the accused.
-Asking the accused whether he pleads guilty or not guilty.
-Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceeding
When to conduct arraignment?
Arraignment under the previous norm took place within 30 days of the court acquiring jurisdiction over the accused's person.
When an accused is placed under preventive detention, his case should be raffled within three days of filing, and the accused should be arraigned within ten days of the judge receiving the case records, and when the complainant is about to leave the Philippines with no definite date of return, the accused should be arraigned immediately.
Trial in absentia - can only be done only after a valid arraignment.
If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned.
When should a plea of not guilty be entered?
1. When the accused so pleaded;
2. When he refuses to plead
3. Where in admitting the act charged he sets up matters of defense or with lawful justification
4. When he enters a conditional plea of guilty
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him
6. When the plea is indefinite or ambiguous.
Plea of guilty - a judicial confession of guilt
The consequences of a guilty plea include that the accused accepts the truth of all relevant facts charged, including aggravating circumstances.
What should the court do if the defendant pleads guilty to a capital crime?
The accused's voluntariness must be established by the court. The court is required to ask probing questions about the voluntariness of the plea and whether the accused fully comprehended the implications of his guilty plea.
Searching Inquiry
The trial judge will determine whether the accused has pled guilty as a result of his voluntary acquittal.
PLEA-BARGAINING
The accused and the prosecution work together to reach a mutually acceptable resolution of the case, which must be approved by the court.
Umali Angelica Jane M.
3c2
Thank you Attorney for the lecture.
This is the summary of what I've learned in Rule 116.
ARRAIGNMENT AND PLEA
RULE 116
ARRAIGNMENT AND PLEA, HOW MADE
It is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him
*One of the constitutional rights of the accused is to be informed of the nature and cause of allegation against him. In order to comply with suchconstitutional requirement the rules of court devises a formal process or proceeding where in the accused is informed of what is the charge made against him and its nature that is called arraignment.
*In court proceedings during arraignment, the accused is ask “Is this the proper spell of your name?” or sometimes the judge will ask for the proper presentation of a government issued ID of the accused in order to ascertainor determine the certainty of the accused. Aside from the determination of his identity, the accused is also informed of the charge and then he will now enter his plea.
Plea means the responds of the accused to the information against him whether guilty or not guilty.
WHEN MADE
GR. Arraignment must be made before start of the trial or before the prosecution presents its case.
*After the arrest of the accused or upon his voluntary surrender to the court, the court will set his arraignment and this arraignment will made before the start of the trial and also in pre-trial. Simultaneously set with arraignment. In one hearing arraignment and pre-trial is conducted.
XPN. Arraignment which was after the prosecution rested its case was considered a non-prejudicial error under the following.
1. Counsel of the accused failed to object lack of arraignment during trial
2. Counsel of the accused had full opportunity to cross-examine witnesses.
*Under these two exceptions, the arraignment is made after prosecution rested its case.
PRESENCE OF THE OFFENDED PARTY DURING ARRAIGNMENT
The private offended party shall be required to appear in the arraignment for the following purposes;
1. Plea bargaining
*During arraignment, the court can inquire to the parties, prosecution or the defense to a plea bargaining.
2. Determination of civil liability and;
3. Other matters requiring his presence (Sec. 1 (f), Rule 116)
NOTE: In cases the offended party fails to appear despite duenotice, 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. SEC 1 (F), RULE 116
*In case that the private complainant fails to appear despise due notice during arraignment, the accused can plead to a lesser offense.
DIFFERENT RULES ON ARRAIGNMENT
1. Trial in absentia may be conducted only after valid arraignment.
*The absence of the accused can be deemed as waiver to appear during trial it means that he waives the right to confront his witnesses, he waives his right to participate during trial and the court will proceed despite his absent. Trial in absentia can only be done only after avalid arraignment.
2. Accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused.
3. Accused is presumed to have been validly arraigned in the absence of proof to the contrary.
GR. Judgment is void of accused has not been validly arraigned.
WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED
1. When the accused so pleaded
*When accused pleaded a not guilty plead will entered into record or the accused simply refuses to enter his own plea then a plea of not guilty will enter.
2. When he refuses to plead
3. Where in admitting the act charged he sets up matter of defense or with lawful justification.
*The accused pleaded guilty but set forth some condition on such plead then the court will enter not guilty.
4. When he enters a conditional plea of guilty Sec. 1( c)
5. Where after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall ne entered for him (Sec 1 (d)
6. When the plea is indefinite or ambiguous.
PLEA OF GUILTY
A judicial confession of guilt. It is an unconditional plea of guilt which admits of the crime and the attendant circumstances alleged in the information including the allegations of conspiracy and warrants judgments of conviction without need of further evidence.
EFFECTS OF A PLEA OF GUILTY
*The accused admitted all the material allegations in the information as well as the aggravating circumstances contain therein. There is no more need for the prosecution to prove the guilt of the accused because there was a plead of guilty. The effect of plea of guilty is the accused acknowledges his indeed the perpetrator of the crime.
NOTE.
*The accused pleaded guilty, non-capital offense, offenses which not punish by capital offense, and the capital punishment is death but the penalty of death is suspended so it is reduce to Reclusion Perpetua.
*In plea of guilty for capital punishment, the court is not oblique to receive evidence of the guilt of the accused. The court will directly find the accused guiltyon the basis of his plead alone.
If the court did not conduct a reception of evidence and the accused pleaded guilty to a capital punishment and then such plea of guilty has no legal effect and therefore the court may not play judgment of conviction on the basis alone of plea of guilty.
ACCUSED PLEAD A GUILTY TO A CAPITAL OFFENSE, TMEHAT THE COURT SHOULD DO
Duty of the court after the accused pleads guilty to a capital offense.
When the accused pleads guilty to a capital offense, the court shall:
1. Conduct searching inquiry into the:
A. Voluntariness of the plea, and
*Sometimes the accused is under pressure, harassment, violation, intimidation, and worst torture.
B. Full comprehension of the consequences of the plea.
2. Require the prosecution to prove guilt and the precise degree of his culpability.
PURPOSE OF THE PRESENTATIONOF EVIDENCE AFTER THE PLEA OF GUILTY
*The reason for this rule is that to avoid any misunderstanding on the part of the accused as to the nature of the charges to which he pleaded guilty.
SEARCHING INQUIRY
*If the accused guilty to a capital offense then the court is mandated to a searching inquiry.
IMPROVIDENT PLEA
*A plea by mistake, or as mistaken assumption or out of misleading information
PERIOD TO WITHDRAW AN IMPROVIDENT PLEA
The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final and be substituted by a plea of not guilty.
NOTE. The withdrawal of a plea of guilty is not a matter of right to the accused but addressed to the sound discretion to the trial court. (SEC 5. RULE 116)
*Anytime before finality of conviction
EFFECTS OF WITHDRAWAL OF IMPROVIDENT PLEA
The court shall set aside the judgment of conviction and re-open the case for new trial.
*If the accused withdrawn his improvident plea, there will be a new trial, the case will be reopen and there will be a new trial, the prosecution will present its evidence.
PLEA-BARGAINING
*Plea bargaining in criminal cases is a process wherebythe accused and the prosecution tries to enter into an agreement how the case is disposed such agreement which is mutually satisfactory on both party is subject for the approval of the court. In plea bargaining the accused can plead for a lower sentence subject to the approval of the court.
Taño, Aira Joy M. 3C3
Thank you, Sir. this is the summary of what I've learned:
How arraignment and Plea made?
It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. Arraignment is the means of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. Also, it is proceeding in criminal cases, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused. After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty.
When is arraignment made?
Arraignment is made when before the start of the trial or before the prosecution presents its case. Arraignment is simultaneously done or set with the trial, and upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
1. Counsel of the accused failed to object to lack of arraignment during the trial.
2. Counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
Procedure of arraignment: (1) It must be made in open court meaning in a hearing within the public view where the complaint or information has been files or assigned for trial. (2) It must be made by the judge or clerk of court. (3) By furnishing the accused with a copy of the complaint or information. (4)Reading it in a language or dialect known to the accused. (5) Asking the accused whether he pleads guilty or not guilty. (6) Both arraignment and plea shall be made of record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings.
When to conduct arraignment?
Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused. It must be as soon as possible.
Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay.
Is the presence of the offended party required during an arraignment? Yes. The presence of a private offended party is required in the following purposes:
1. Plea bargaining
2. Determination of civil liability; and
3. Other matters requiring his presence In case that private offended party fails to appear in court during arraignment then the accused can plead to a lesser offense.
Trial in absentia - can only be done only after a valid arraignment. If there is no arraignment then the judgment is void, except when after the trial the accused was subsequently arraigned.
When should a plea of not guilty be entered?
1. When the accused so pleaded;
2. When he refuses to plead
3. Where in admitting the act charged he sets up matters of defense or with lawful justification
4. When he enters a conditional plea of guilty
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him
6. When the plea is indefinite or ambiguous.
The effects of a plea of guilty is when the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein.
As the General rule, if the accused admitted all the material allegation in the information as well as the aggravating circumtances.
Searching inquiry
The accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. The trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.
Improvident plea means a plea without information as to all the circumstances affecting it.
It is based upon a mistaken assumption or misleading information, and there are consequences to the accused.
Plea Bargaining In criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
TUBOG, MARIEL ANNE O.
3C1
Good day sir, in this particular lesson, I have learned the definition of arraignement and plea as well as how it is made wherein it is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. Arraignment is the proceeding in a criminal case, whose object is to fix the identity of the accused, fo inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information.
I have learned also that the private offended party shall be required to appear in the arraignment for the following purposes: plea bargaining; determination of civil liability; and other matters requiring his presence.
In addition, this lesson taught me about the duty of the court after the accused pleads guilty to a capital offense. When the accused pleads guilty to a capital offense, the court shall conduct searching inquiry into the voluntaries of the plea and full comprehension of the consequences of the plea and require the prosecution to prove guilt and the precise degree of his culpability.
These are the summary of all the knowledge I have learned in this particular subject. Thank you sir & Godbless!
MEA, KATHERINE JOY V 3C2
Good morning Atty. Thank you for Uploading this video Lecture. This is what I’ve learned from this lecture video regarding Arraignment and plea
for the arraignment, it explained proceeding in a criminal case whose object is to fix the identity of the accused to inform him of the charge and to give him an opportunity to plead or to obtain from the accused his answer, in other words, is a plea to the information, and also it was made before the start of the trial or before the prosecution presents its case.
Exception: arraignment which was made after the prosecution rested
incase was considered a non-prejudicial error under the following
1. Counsel of the accused failed to object to lack of
arraignment during trial
2. Counsel of the accused had full opportunity to
cross-examine witnesses
Different rules on arraignment
1. Trial in absentia may be conducted only after valid
arraignment
2. Accused must personally appear during arraignment and
enter his plea counsel cannot enter a plea for the accused.
3. Accused is presumed to have been validly arraigned in
the absence of proof to the contrary.
General
rule: judgment is void if the accused has not been validly arraigned.
Presence of the offended
party during arraignment- it is required to appear in the
arraignment for Plea bargaining, Determination of civil liability, and other matter
requiring his presence, however if offended party fails to appear despite due
notice the court may allow the accused to enter a plea of guilty to a lesser
an offense which is necessarily included in the offense charged with the
conformity of the trial prosecutor alone.
Exception: if the accused went into trial without being arraigned subsequent arraignment will
cure the error provided that the accused was able to present evidence and cross
examine the witnesses of the prosecution during the trial.
When a plea of not guilty should be entered
1. When the accused so pleaded
2. When he refuses to plead
3. Where in admitting the act charged he set up the matter of
defense or with lawful jurisdiction
4. When he enters a conditional plea of guilty
5. Where after a plea of guilty but presents exculpatory circumstances
his plea shall be deemed withdrawn and a plea of not guilty shall be entered
for him
6. When the plea is indefinite or ambiguous.
Plea of a guilty- unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged in the information or must be a plea of guilty admits the truth of all
material facts alleged in the information including all the aggravating circumstances
therein. And also it says that the court will directly find the accused guilty
even without evidence basis on the plea alone
On the Effect of a plea of guilty, when the accused is compelled by violence or intimidation
or did not fully understand the meaning and consequences of his plea, it would prove
is an exempting circumstance it would amount to a withdrawal of his plea of
not guilty. The court will directly find the accused guilty even without evidence
basis in plea alone.
AREVALO, NIKKA BABES B.
3C2
Thank you, Sir!
This is a summary of what I’ve learned on this topic. RULE 116 ARRAIGNMENT AND PLEA
ARRAIGNMENT AND PLEA
- Arraignment is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him.
Arraignment is the proceeding in a criminal case whose object is to fix the identity of the accused, to inform him of the charged and to give him an opportunity to plead or to obtain the accused his answer, in other words, his plea to the information.
- The plea is the response of the accused to the information that fought against him whether guilty or not guilty.
WHEN IS ARRAIGNMENT MADE?
GR: Arraignment must be made before the start of the trial or before the prosecution presents its case.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
a. If the counsel of the accused failed to object to lack of arraignment during the trial.
b. If the counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
PROCEDURE OF ARRAIGNMENT
1. It must be in open court where the complaint or information has been filed or assigned for trial.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a copy of the complaint or information.
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings.
PERIOD OF ARRAIGNMENT
GR: Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused.
EXEMPTIONS:
a. When an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
b. Where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay.
c. Cases under RA 7610, the trial shall be commenced within 3 days from arraignment.
d. Cases under the dangerous drugs act
e. Cases under SC AO 104-96 i.e. heinous crimes, violation of the Intellectual Property Rights Law, this cases must be tried continuously until terminated within 6o days from commencement of the trial and to be decided within 30 day from the submission of the case.
IS THE PRESENCE OF THE OFFENDED PARTY REQUIRED DURING AN ARRAIGNMENT?
Yes. The presence of a private offended party shall be required to appear in the arraignment for the following purposes:
1. Plea bargaining
2. Determination of civil liability, and
3. Other matters requiring his presence
NOTE: In case that private offended party fails to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessary included in the offense charged with conformity of the trial prosecutor alone.
DIFFERENT RULES ON ARRAIGNMENT
1. Trial in absentia may be conducted only after valid arraignment.
2. Accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused)
3. Accused is presumed to have been validly arraigned in the absence of proof to the contrary.
Can the case proceed even without the participation of the accused?
- Yes. The absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia.
GR: Judgement is void if accused has not been validly arraigned
XPN: If the accused went into trial without being arraigned subsequent arraignment will cure the error provided that the accused was able to present evidence and cross examine the witnesses of the prosecution during trial
WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED?
1. When the accused so pleaded
2. When he refuses to plead.
3. Where in admitting the act charged sets up matters of defense or with lawful justification
4. When he enters a conditional plea of guilty
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him
6. When the plea is indefinite or ambiguous.
PLEA OF GUILTY
Is a judicial confession of guilt. It is an unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged in the information including the allegation of conspiracy and warrants judgement of conviction without need of further evidence
THE EFFECTS OF A PLEA OF GUILTY
GR: A plea of guilty admits the truth of all material facts alleged in the information, including all the aggravating circumstances mentioned therein
NOTE: For non-capital offenses the reception is merely discretionary.
IF THE ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, WHAT ARE THE DUTIES OF THE COURT?
The court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harassment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability of accused.
SEARCHING INQUIRY
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 require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.
IMPROVIDENT PLEA
It is a plea without information as to all the circumstances affecting it.
It is based upon a mistaken assumption or misleading information or advice.
- The court may permit an improvident plea of guilty to withdrawn, at any time before the judgement of conviction becomes final and be substituted by a plea of not guilty.
NOTE: The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court.
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 effective 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.
PLEA-BARGAINING
It is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
CORONADO, JANE HYACENTH A. 3C4
thank you po sir. the fallowing are the summary of your discussion about the rule 116 of the criminal procedure.
-arraignment and plea is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. plea is the response of the accused to the information against him whether guilty or not guilty.
arraignment is made before start of the trial example is after the arrest of the accused or upon his voluntary surrender to ttmhe court. the exceptions where in arraignment is made after the prosecution rested its case first is failed to object lack of arraignment during trial and full opportunity to cross-examine witnesses.
- the arraignment is done in a open court, by the judge or clerk of court, by furnishing the accused of complaint or information, reading it in a language or dialect and asking the accused whether he is plea guilty or not and the plea must be record but failure to record it will not affect the validity of plea.
- arraignment is conduted within 30 days from the date the court acquires jurisdiction over the period of the accused. the exceptions is that when the accused is under preventive detention and where the complainant is about to depart from the Philippines. Ra 7610 reriod of arraignment within 3 days.
- the presence of the offender party is required in the purpose of plea bargaining, determination of civil liability and other matters requiring his presence because during arraignment the court can acquire from the parties prosecution or the defense whether they intend to enter into a plea bargaining.
- can the trial proceed even without the participation of the accused? yes the absence of the accused will be deemed as waiver to appear during trial it will mean that he waives the right to confront his weaknesses, he waive his right to participate during trial and the court will proceed in his absence that you call trial of absentia.
- if there is no arraignment then the judgement is void while the exceptions when after trail the accused was subsequently arraign.
- the plea of not guilty is entered after reading of the information by the judge. accused refuses to plead, admitting the charged he set up matters of defense, he entrers conditional plea of guilty, after a plea of guilty but presents exculpatory circumstances, plea is indefinite or ambiguous.
- Plea of guilty is a confession of guilt, the effect of plea guilty then the accused admit the truth of all material facts alledge in the information including the aggravating circumstances. also the effects the accused admit that indeed he is the perpetrator of the crime that being charge against him. under the exceptions there is no admission of the accused is the pertrator first wherr the plea of guilt was compelled by violence, did not fully understand the meaning and consequences of plea and the information is insufficient.
- non capital offenses these arr offesnses which are not punished by the capital offense.
the plea of guilty of the accused the court will directly find the accused guilty on the basis of plea alone.
- when the accused pleads guilty to a capital offense the duties of the court is must ascertain if there is voluntariness of the accused because it happens that sometimes accused are under pressure, violence. the court duties us to inquire a cunduct searching inquiry and prosecution to prove the guilty and the precise degree of his culpability.
the rules required the court will have to receive evidence if the accused plead guilty is that to avoid any misunderstanding of the part of the accused as to the nature of the charges he pleaded guilty.
- Searching inquiry is that the triak judge will satisfy him self that tge accused has pleaded guilty out of his voluntary will and truly guilt.
-during inquiry the judge will have to ask several questions from the accused such as how he was brought into the custody of the law.
- Improvident of plea is a plea of guilt without the benefit of information as to all the circumstances affecting it , it is based upon a mistaken assumption.
- the accused can withdraw an Improvident plea at any time before the judgement of conviction becomes final and be substituted by plea of not guilty.
- effect of the withdrawal of Improvident plea the court shall set aside the judgement of conviction and re-open the case and the prosecution will present there evidence.
- grouds of suspension of arraignment if the accuis suffering from am unsound mental condition, there exists a valid prejudice question and petition for review not exceeding days counted from the filing of the petition and there are pending incident such as ; motion to quash, motion for inhibition and motion for bill of particulars.
- plea bargaining is a process whereby the accused and the prosecution work a mutually satisfactory of the case subject to court approval .
GOOD DAY ATTY. THANKYOU FOR THIS VIDEO RECORDED LECTURE IN RELATION TO THE RULES OF CRIMINAL PROCEDURE.
ARRAIGNMENT AND PLEA RULE 116
How arraignment and plea made?
It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment.
During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused.
After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty.
When is arraignment made?
It was made before the start of the trial or before the prosecution presents its case.
For example, is upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial.
In one hearing an arraignment and pretrial is conducted.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
1) Counsel of the accused failed to object to lack of arraignment during the trial.
2) Counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
PROCEDURE OF ARRAIGNMENT ;
1. It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial
2. By the judge or clerk of court;
3. By furnishing the accused with a copy of the complaint or information;
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings
When to conduct arraignment?
Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused.
Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. The third are cases under RA 7610, the trial shall be commenced within 3 days from arraignment, the fourth are cases under the dangerous drugs act, and the fifth cases under SC AO 104-96 i.e. heinous crimes.
IS THE PRESENCE OF OFFENDED PARTY REQUIRED DURING ARRAIGNMENT?
Yes. The presence of a private offended party is required in the following instances;
1. Plea bargaining
2. Determination of civil liability; and
3. Other matters requiring his presence
In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide).
Trial in absentia - can only be done only after a valid arraignment.
If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned.
WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED?
1. When the accused so pleaded;
2. When he refuses to plead
3. Where in admitting the act charged he sets up matters of defense or with lawful justification
4. When he enters a conditional plea of guilty
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him
6. When the plea is indefinite or ambiguous.
Plea of guilty - a judicial confession of guilt.
The effects of a plea of guilty then the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein.
If the accused pleads guilty to a capital offense, what the court should do?
The court must ascertain if there is voluntariness on the part of the accused. The court is under obligation to inquire searching questions as voluntariness of the plea or if the accused has fully understood the consequences of his plea of guilty.
Searching Inquiry
Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary acquit.
IMPROVIDENT PLEA
-It is a plea without information as to all the circumstances affecting it.
-It is based upon a mistaken assumption or misleading information or advice. (There are consequences under the rules).
Period to withdraw an improvident plea
At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court.
New trial or case will re-open as it was the effect of withdrawal of the improvident plea
PLEA-BARGAINING
Process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
VELASQUEZ, FATIMA MAE C.
3-C1
Thank you Sir.
MANTO, KYLA M.
3C2
Thank you Sir for the video recorded lecture, this is the summary of what I've learned from part 9 Arraignment and Plea Rule 116:
How arraignment and Plea made?
It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him.
*One of the constitutional right of the accused is to be informed of the nature and cause of the accusation against him.
*The accused will be informed of what is the charge made against him and what is its nature called as arraignment.
*During arraignment, the accused is asked, this is the proper spelling of your name or the court or judge sometimes ask for the presentation of a government issued of accused in order to assert him to determine the certainty the identity of the accused.
*Plea
This is the response of the accused to the information that was brought against him whether guilty or not guilty.
Arraignment is made before the start of the trial or before the prosecution presents its case. Arraignment is simultaneouly done or set with the trial. In one hearing and the trial is conducted.
There are exceptions wherein the arraignment is made after the prosecution rested its case:
1. If the counsel of the accused failed to object lack of arraignment during trial.
2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses.
Procedure of arraignment:
1. It must be made in open court meaning in a hearing within the public view where the complaint or information has been files or assigned for trial.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a copy of the complaint or information.
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings.
Period of Arraignment:
*Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused.
*Under the rules of continues trial, it shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused.
*Arraignment is done simultaneously with the trial on the same day.
Exceptions:
1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
2. Where the complainant is about to depart from the Philippines with no definite date of return, the accused should be arraigned without delay.
3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment.
4. Cases under the Dangerous Drugs Act.
5. Cases under SC AO 104-96 ie.
Presence of the offended party during arraignment
The presence of the private offended party is required in the ff purposes:
*Plea bargaining
*Determination of civil liability or damages payable to the private offended party.
*Other matters requiring his presence
In case that the private complainant fails to appear despite due notice during arraigment then the accused can plead to a lesser offense.
Different rules on arraigment:
Can the case proceed even without the participation of the accused?
Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia.
Trial in absentia- can only be done only after a valid arraignment.
When a should a plea of not guilty be entered:
1. After reading of the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused so pleaded then a not guilty plea will be entered into the records.
2. If the accused refuses to enter his own plea.
3. If the accused had admitted the act charged but subsequently set ups matter of defense.
4. The accuse has pleaded guilty but set forth some conditions on such plea.
5. If the accused entered a plea of guilty but presents evidence for his defense.
6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations.
Plea of guilty - is a judicial confession of guilt.
*Non-capital offense
These are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua.
If the accused pleads guilty to a capital offense, what are the duties of the court?
Court ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability.
*Searching inquiry
The accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry. The trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.
*Improvident Plea
Plea of guilt without the benefit of information as to all the circumstances affecting it.
*Plea by mistake
If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information , there are consequences under the rules.
The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final.
*Plea Bargaining
In criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
BAUTISTA JOHN ERICO A.
3C4
Thankyou sir! This is the summary of what I learned
A complaint or information must be presented within the court where the allegation is formed, orwhere the case is assigned for trial.
An arraignment could be a formal proceeding during which the defendant is asked whether he or she is going to plead guilty or innocent , all tired a public courtroom where the defendant is given a duplicate of the charge, read to him or her, and asked if he or she intends to plead guilty or clean-handed. apart from individuals mentioned within the complaint or information, the prosecution may turn witnesses during the trial.
At the arraignment, the accused must be present and voluntarily enter his plea. The bothar (plural of botharment) and plea must be stated in court, although absence of an announcement won't invalidate the proceedings.
A plea of acquitted must be recorded if the accused refuses to plead or if his plea is conditional. When the accused acknowledges culpability but also provides proof that he's innocent, the costs against him are going to be dropped and a replacement charge are added for him.
General Rule;
If there's no arraignment then then the judgment is void except when after trail, the accused was subsequently arraign.
When should a plea of innocent be entered?
After reading the knowledge by the judge of his clerk of court, the accused will inform the court innocent your honor so when the accused entered into the records.
If the accused simply refuses to enter his own plea then a plea of clean-handed are going to be entered.
When in admitting the act charged he sets up matters of defense or with lawful jurisdiction;
When he enters a conditional plea of guilty
When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of clean-handed shall be entitled for him;
When the plea is indefinite or ambiguous or it's susceptible of various interpretations.
Plea of Guilty
A judicial confession of guilt.
It is an unconditional plea of guilt which admits of the crime and every one the attendant circumstances alleged information including the allegations of conspiracy and warrants judgment of conviction without need of further evidence.
Good day Atty thank you for todays lecture, this are the summary of what I've learn thay you po.
Arraignment and Plea Rule 116 Arraignment and Plea, how made - it's a proper mode of implementing the constitutional right of the accused to be told of the character and reason behind the accusation against him. • one amongst the constitutional right of the accused is to learn of the character and explanation for the accusation against him. so as to suits such constitutional requirement, the principles of court devises a proper process or proceeding wherein the accused are going to be informed of what's the charge made against him and what's its nature called as arraignment. • During arraignment, the accused is asked, this is often the right spelling of your name or the court or judge sometimes invite the presentation of a government issued of accused so as to claim him to work out the knowledge the identity of thr accused. Plea - this is often the response of the accused to the data that was brought against him whether guilty or innocent . When made - Arraignment is created before the beginning of the trial or before the prosecution presents its case. - Arraignment is simultaneouly done or set with the trial. In one hearing and also the trial is conducted. •
There are exceptions wherein the arraignment is formed after the prosecution rested its case: 1. If the counsel of the accused didn't object lack of arraignment during trial.
. 2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses. •
Procedure of arraignment
1. It must be made in open court meaning during a hearing within the general public view where the complaint or information has been files or assigned for trial.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a replica of the complaint or information.
4. Reading it in an exceedingly language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or innocent .
6. Both arraignment and plea shall be manufactured from record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings. • Period of Arraignment - Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused. - Under the principles of continues trial, it shall be as soon as possible, as soon as there's arrest or voluntary surrender on the a part of the accused. - Arraignment is finished simultaneously with the trial on the identical day.
Exceptions: 1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
2. Where the complainant is on the brink of depart from the Philippines with no definite date of return, the accused should be arraigned directly.
3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment.
4. Cases under the damaging Drugs Act. 5. Cases under SC AO 104-96 ie. • Presence of the offended party during arraignment The presence of the private offended party is required within the ff purposes: 1. plea bargain 2. Determination of civil liability or damages payable to the private offended party 3. Other matters requiring his presence In case that the private complainant fails to seem despite due notice during arraigment then the accused can plead to a lesser offense. • Different rules on arraigment Can the case proceed even without the participation of the accused? - Yes, the absence of the accused are going to be deemed as waiver to look during trial. it'll mean that he waives the proper to confront his witnesses, to participate during trial then the court will proceed despite his absence called trial in absentia.
Take Note: Trial in absentia can only be done only after a sound arraignment.
If there's no arraigment then the judgement is void except when after trial, the accused was subsequently arraign. • When a should a plea of innocent be entered 1. After reading of the data by the judge of his clerk of court, the accused will inform the court guiltless your honor so when the accused so pleaded then a clean-handed plea are going to be entered into the records. 2. If the accused refuses to enter his own plea. 3. If the accused had admitted the act charged but subsequently set ups matter of defense. 4. The accuse has pleaded guilty but set forth some conditions on such plea. 5. If the accused entered a plea of guilty but presents evidence for his defense. 6. When the plea is indefinite or ambiguous or it's susceptible of various interpretations. Plea of guilty - may be a judicial confession of guilt. Effect of a plea of guilty General Rule: for instance the accused admitted all the fabric allegations within the infornation similarly because the aggravating circumstances contained therein, there's no more need for the prosecution to prove the yield of the accused because there was a plea of guilty. - the accused acknowledge that he's indeed the perpetrator of the crime. Non-capital offense - these are offenses which don't seem to be punished by the crime and therefore the law-breaking is death but death the penalty is suspended so it reduced to reclusion perpetua. If the accused pleads guilty to a law-breaking, what are the duties of the court? - the court must ascertain if there's voluntariness on the a part of the accused because it happens that sometimes the accused are struggling, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries on the voluntariness of the plea or if the accused had fully understand the implications of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability. Searching inquiry - if the accused pleads guilty to a law-breaking then the court is remitted conduct searching inquiry. - where the justice will satisfy himself that the accused has pleaded guilty out of his voluntary will. Improvident Plea - could be a plea of guilt without the advantage of information on all the circumstances affecting it. - could be a plea by mistake. If there was mistake within the plea of the accused due to some mistake and assumption or some misleading information , there are consequences under the foundations. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases could be a process whereby the accused and therefore the prosecution tries to enter into an agreement on how the case is to be disposed.
BALASBAS JULIUS L.
3C1
Thank you Sir.
This is the summary of what I've learned:
Arraignment and Plea Rule 116
It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him. One of the constitutional right of the accused is to be informed of the nature and cause of the accusation against him. To comply with such constitutional requirement, will be informed of what is the charge made against him and what is its nature called as arraignment. During arraignment, the accused is asked, this is the proper spelling of your name or the court or judge sometimes ask for the presentation of a government issued of accused in order to assert him to determine the certainty the identity of thr accused.
PLEA- this is the response of the accused to the information that was brought against him whether guilty or not guilty.
Arraignment is made before the start of the trial or before the prosecution presents its case, done or set with the trial. In one hearing and the trial is conducted.
There are exceptions wherein the arraignment is made after the prosecution rested its case:
1. If the counsel of the accused failed to object lack of arraignment during trial.
2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses.
Procedure of arraignment:
1. It must be made in open court.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a copy of the complaint or information.
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made.
Period of Arraignment:
- Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction. It shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused. And, arraignment is done simultaneously with the trial on the same day.
Exceptions:
1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
2. Where the complainant is about to depart from the Philippines with no definite date of return, the accused should be arraigned without delay.
(Note: If the person about to depart is not the accused but the complainant.)
3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment.
4. Cases under the Dangerous Drugs Act.
5. Cases under SC AO 104-96 ie.
The presence of the private offended party is required in the ff purposes:
1. Plea bargaining
2. Determination of civil liability or damages payable to the private offended party
3. Other matters requiring his presence
In case that the private complainant fails to appear despite due notice during arraigment then the accused can plead to a lesser offense.
When a should a plea of not guilty be entered:
1. After reading of the information by the judge of his clerk of court.
2. If the accused refuses to enter his own plea.
3. If the accused had admitted the act charged but subsequently set ups matter of defense.
4. The accuse has pleaded guilty but set forth some conditions on such plea.
5. If the accused entered a plea of guilty but presents evidence for his defense.
6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations.
PLEA OF GUILTY - is a judicial confession of guilt.
NON CAPITAL OFFENSE- these are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua.
SEARCHING INQUIRY - if the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry.
- where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.
IMPROVIDENT PLEA- Is a plea of guilt without the benefit of information as to all the circumstances affecting it.
- is a plea by mistake. If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information , there are consequences under the rules.
PLEA BARGAINING- in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
PASTRANA, KATRINE L.
3C2
RULE 116 ARRAIGNMENT AND PLEA
HOW MADE?
- It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him
- Arraignment is made before the start of the trial or before the prosecution presents its case.
- After arrest of the accused or upon his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial.
- It is most commonly done before the pre-trial
ARRAIGNMENT
- It is formal process or formal proceeding wherein the accused will be informed of what is the charge made against him and what is its nature
- This is the proceeding in a criminal case where those object is to fix the identity of the accused and then inform him of the charge as well as to give him an opportunity to plead or to obtain from the accused his answer to such information
- Set on a separate date before the pre-trial but because of the rules continuous trial it is now simultaneously done or set with the trial.
PLEA
- It is the response of the accused to the information that was brought against him whether guilty or not guilty.
- Confession of guilt.
GENERAL RULE
- Arraignment must be made before the start of the trial or before the prosecution presents its case.
EXCEPTIONS (arraignment is made after the prosecution rested its case)
1. If the counsel of the accused failed to object to lack of arraignment during trial.
2. If the council of the accused had full opportunity to conduct cross-examination of witnesses
PROCEDURE OF ARRAIGNMENT
1. It must be made in an open court where the complaint or information has been filed or assigned for trial.
2. It must be made by the judge or his or her clerk of court.
3. By furnishing the accused with a copy of the complaint or information.
4. By reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not.
6. Both arraignment and plea must be made of record but the failure to enter the record should not affect the validity of the proceeding.
GENERAL RULE
- Arraignment under the old rule is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused (under the rules on continues trial).
EXCEPTION
1. When an accused is under preventive detention, his case should be raffled off within 3 days from filing and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
2. Where the complainant is about to depart from the Philippines with no definite intention of return the accused should be arraigned without delay.
NOTE: If the person is about to depart is not the accused but the complainant especially in cases involving child abuse the trial shall commands within 3 days from the date of arraignment, cases under the dangerous drugs act, heinous crimes violations of intellectual property rights law- these cases must be tried continuously until terminated within 60 days from commencement of the trial and to be decided within 30 days from submission of the case. now
PRESENCE OF THE OFFENDED PARTY DURING ARRAIGNMENT
1. Plea bargaining
2. Determination of the civil liability
3. Other matters requiring his presence.
NOTE: In case that the offended party fails to appear despite you notice, the court then may allow the accused to enter a plea of guilty to a to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone.
DIFFERENT RULES ON ARRAIGNEMENT
1. Trial in absentia may be conducted only after valid arraignment.
2. Accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused).
3. Accused is presumed to have been validly arraigned in the absence of proof to the contrary.
GENERAL RULE
- Judgment is void if accused has not been validly arraigned.
EXCEPTION
- If the accused went into trial without being arraigned, subsequent arraignment will cure the error provided that the accused was able to present evidence and cross-examine the witness of the prosecution during trial.
WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED?
1. When the accused so pleaded.
2. When he refuses to plead.
3. Where in admitting the act charged he sets up matters of defense or with lawful justification.
4. When he enters a conditional plea of guilty.
5. Where after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him.
6. When the plea is indefinite or ambiguous.
UNCONDITIONAL PLEA OF GUILT
- Admits of the crime and all the attendant circumstances, alleged in the information including the allegations of conspiracy and warrants the judgment of conviction without the need of further evidence.
EFFECT OF A PLEA OF GUILTY
GENERAL RULE
- A plea of guilty admits the truth of all material facts alleged in the information including the aggravating circumstance.
EXCEPTIONS
1. Where the plea of guilty was compelled by violence or intimidation.
2. When the accused did not fully understand the meaning and consequences of his plea.
3. When the information is insufficient to sustain the conviction of the offense charged.
4. When the information does not charge an offense.
5. When the court has no jurisdiction.
EXCEPTION TO THE EXCEPTION
- If what the accused would prove is an exempting circumstance, it would be amount to a withdrawal for his not plea of guilty.
NON-CAPITAL OFFENSE
- These are offenses which are not punished by the capital offense.
- Reception of evidence is merely discretionary.
- The court is not obliged to receive evidence of the guilt of the accused. The court will directly find the accused guilty on the basis of his plea alone.
CAPITAL OFFENSE
- Is death but penalty of death is now suspended so it is reduced to reclusion perpetua.
- The court is required to receive evidence to prove his guilt and degree of culpability.
- If the court did not conduct reception of evidence and the accused pleaded guilty to a capital offense, then such plea of guilty has no legal effect and therefore the court may not enter a judgment of conviction on the basis alone of a plea of guilty. okay
ACCUSED PLEADS GUILTY TO A CAPITAL OFFENSE, WHAT THE COURT SHOULD DO?
1. Conduct searching into the:
a. Voluntariness of the plea
b. Full comprehension of the consequences of the plea
2. Require the prosecution to prove the guilt and the precise degree of culpability.
PURPOSE OF PRESENTATION OF EVIDENCE AFTER THE PLEA OF GUILTY
- To avoid any misunderstanding on the part of the accused as to the nature of the charges to which he pleaded guilty.
SEARCHING OF INQUIRY
- It is where the trial judge will satisfy himself that the accused has pleaded guilty out of his VOLUNTARY WILL
- There was no coercion and that the accused is TRULY GUILTY
- Based on the accused testimony, there exists a RATIONAL BASIS FOR A FINDING OF GUILT okay
DUTIES OF THE JUDGE IN CONDUCTING SEARCHING INQUIRY
He should asked:
1. Ascertain from the accused himself:
A. How he was brought into the custody of the law
B. Whether the accused was assisted by a competent counsel during custodial and preliminary investigation
C. What are the conditions for which he was detained and interrogated during the investigations
2. Ask the defense counsel or the counsel for the accused series of questions.
3. Elicit information about the personality profile of the accused.
4. Informed of the exact length of the imprisonment or the nature of the penalty.
5. Inquire if the accused knows the crime for which he was charged and the court will have to explain to him all the elements of the crime.
6. Language known to him and understood by him.
7. The judge must have to satisfy himself that the accused is truly guilty of the crime to which he is pleading guilty.
IMPROVIDENT PLEA
- It is a plea of guilt without the benefit of information as to all the circumstances affecting it no an improvement plea
- It is based upon the mistaken assumption or misleading information. so if there was mistake in
PERIOD TO WITHDRAW A PROVIDENT PLEA
- The accused can withdraw improvident plea at any time before the judgment of conviction becomes final so any
NOTE: The withdrawal of an improvident plea is not a matter of legal right but is addressed to the sound discretion of the trial court.
EFFECT OF THE WITHDRAWAL OF THE IMPROVIDENT PLEA
- If the accused withdraws is improvident plea then there will be a new trial.
- The case will be reopened and there will be a new trial then the prosecution will be required to present its evidence.
GROUNDS FOR SUSPENSION OF ARRAIGNMENT
1. If 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.
2. There exists a prejudicial question.
PREJUDICIAL QUESTION
- Present when there is a civil case which has an issue which is interrelated with the criminal case. The resolution of the issue in the civil case will determine whether or not the criminal case will proceed.
- If there is a prejudicial question then the arraignment of the accused will be suspended.
3. If there was a petition for review of the resolution of the prosecutor is pending at Department of Justice or the office of the President. The suspension will not exceed for 60 days counted from the filing of petition.
4. There is a pending incidence such as:
A. Motion to Quash
B. Motion for Inhibition
C. Motion for bill of particulars
PLEA BARGAINING
- In criminal cases plea bargaining is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed. Such agreement which is mutually satisfactory (on both parties) and is subject for the approval of the court.
- The accused can plead guilty to a lower offense for a lower sentence subject to the approval of the court.
VIOLANDA, VENUS M.
3C2
In this video what I have learned on this part, is that Arraignment and Plea Rule 116.
It is a conventional method of executing the protected right of the blamed to be educated for the idea of the allegation against him. The blame was educated for the charge against him and its inclination. This cycle is called an arraignment.
During arraignment in a criminal continuing, the blamed is educated about the legitimate spelling of his name or the adjudicator may request the introduction of the blamed to decide the character for the denounced. Subsequent to illuminating him regarding the charge the blamed enter the supplication, which is the reaction of the denounced to the data that battled against him if liable blameworthy. It was made before the beginning of the preliminary or before the indictment communicates its perspective.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
1. Counsel of the accused failed to object to lack of arraignment during the trial.
2. Counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
Procedure of Arraignment
1. It must be in open court where the complaint or information has been filed or assigned for trial.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a copy of the complaint or information.
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings.
Period of Arraignment
Arraignment under the old standard is directed within 30 days from the date the court procured purview over the individual of the denounced. Under the guidelines of proceeds with preliminary, it will be quickly, when there is capture or deliberate acquiescence with respect to the blamed. Arraignment is done all the while with the preliminary around the same time.
Exemptions
a.When an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
b.Where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay.
c.Cases under RA 7610, the trial shall be commenced within 3 days from arraignment.
d.Cases under the dangerous drugs act
e.Cases under SC AO 104-96 i.e. heinous crimes.
Is the presence of the offended party required during an arraignment?
Yes. The presence of a private offended party is required in the following instances:
1. Plea bargaining
2. Determination of civil liability; and
3. Other matters requiring his presence
In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide).
Trial in absentia can only be done only after a valid arraignment. If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned.
When should a plea of not guilty be entered?
1. When the accused so pleaded;
2. When he refuses to plea;
3. Where in admitting the act charged he sets up matters of defense or with lawful justification;
4. When he enters a conditional plea of guilty;
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him; and
6. When the plea is indefinite or ambiguous.
Plea of guilty is a judicial confession of guilt.
The impacts of a supplication of blameworthy then the blamed concede reality for all material realities affirmed data including exasperating conditions referenced in that.
Searching Inquiry
On the off chance that the charged concedes to a capital offense, what the court ought to do
The court should determine in case there is intentionality with respect to the denounced. The court is under commitment to ask looking through questions as to the intentionality of the request or then again if the blamed has completely perceived the ramifications for his supplication of liable.
Where the preliminary appointed authority will fulfill himself that the blamed has confessed out for his intentional clear.
Improvident Plea
It is a supplication without data concerning every one of the conditions influencing it.
It depends on a mixed-up presumption or deluding data or counsel. In case there was both in the request of the blamed in light of the fact that for some slip-up and presumption or some deceptive data, there are ramifications under the guidelines.
Period to Withdraw an Improvident Plea
Whenever during preliminary before the certainty of conviction, the blamed can adjust his perspective and pull out his improvident request. The withdrawal of it's anything but an issue of lawful right yet is the location at the tact of the preliminary court.
Plea-bargaining
It is an interaction whereby the blamed and the arraignment work in a commonly agreeable manner of the case subject to court endorsement.
FAJANILAN, KRISTEL ANNE C.
3C1
Thank you Sir. This is the summary of what I've learned:
Arraignment and Plea Rule 116
Arraignment and Plea, how made
- It is a formal mode of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him.
• One of the constitutional right of the accused is to be informed of the nature and cause of the accusation against him. In order to comply with such constitutional requirement, the rules of court devises a formal process or proceeding wherein the accused will be informed of what is the charge made against him and what is its nature called as arraignment.
• During arraignment, the accused is asked, this is the proper spelling of your name or the court or judge sometimes ask for the presentation of a government issued of accused in order to assert him to determine the certainty the identity of thr accused.
Plea - this is the response of the accused to the information that was brought against him whether guilty or not guilty.
When made
- Arraignment is made before the start of the trial or before the prosecution presents its case.
- Arraignment is simultaneouly done or set with the trial. In one hearing and the trial is conducted.
• There are exceptions wherein the arraignment is made after the prosecution rested its case:
1. If the counsel of the accused failed to object lack of arraignment during trial.
Example: the case proceeded to pre-trial and trial but there was no arraignment.
2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses.
• Procedure of arraignment
1. It must be made in open court meaning in a hearing within the public view where the complaint or information has been files or assigned for trial.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a copy of the complaint or information.
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings.
• Period of Arraignment
- Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused.
- Under the rules of continues trial, it shall be as soon as possible, as soon as there is arrest or voluntary surrender on the part of the accused.
- Arraignment is done simultaneously with the trial on the same day.
Exceptions:
1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
2. Where the complainant is about to depart from the Philippines with no definite date of return, the accused should be arraigned without delay.
(Note: If the person about to depart is not the accused but the complainant.)
3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment.
4. Cases under the Dangerous Drugs Act.
5. Cases under SC AO 104-96 ie.
• Presence of the offended party during arraignment
The presence of the private offended party is required in the ff purposes:
1. Plea bargaining
2. Determination of civil liability or damages payable to the private offended party
3. Other matters requiring his presence
In case that the private complainant fails to appear despite due notice during arraigment then the accused can plead to a lesser offense.
• Different rules on arraigment
Can the case proceed even without the participation of the accused?
- Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, to participate during trial and so the court will proceed despite his absence called trial in absentia.
Take Note:
Trial in absentia can only be done only after a valid arraignment.
If there is no arraigment then the judgement is void except when after trial, the accused was subsequently arraign.
• When a should a plea of not guilty be entered
1. After reading of the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused so pleaded then a not guilty plea will be entered into the records.
2. If the accused refuses to enter his own plea.
3. If the accused had admitted the act charged but subsequently set ups matter of defense.
4. The accuse has pleaded guilty but set forth some conditions on such plea.
5. If the accused entered a plea of guilty but presents evidence for his defense.
6. When the plea is indefinite or ambiguous or it is susceptible of different interpretations.
Plea of guilty - is a judicial confession of guilt.
Effect of a plea of guilty
General Rule: for example the accused admitted all the material allegations in the infornation as well as the aggravating circumstances contained therein, there is no more need for the prosecution to prove the yield of the accused because there was a plea of guilty.
- the accused acknowledge that he is indeed the perpetrator of the crime.
Non-capital offense - these are offenses which are not punished by the capital offense and the capital offense is death but death the penalty is suspended so it reduced to reclusion perpetua.
If the accused pleads guilty to a capital offense, what are the duties of the court?
- the court must ascertain if there is voluntariness on the part of the accused because it happens that sometimes the accused are under pressure, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or inquiries as to the voluntariness of the plea or if the accused had fully understand the consequences of his plea guilty and required the prosecution to prove the guilt and precise degree of his culpability.
Searching inquiry - if the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry.
- where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.
Improvident Plea
- is a plea of guilt without the benefit of information as to all the circumstances affecting it.
- is a plea by mistake. If there was mistake in the plea of the accused because of some mistake and assumption or some misleading information , there are consequences under the rules.
The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final.
Plea Bargaining
- in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.
JAVIER, KAYCE R.
3C1
Good Day Sir! This is the summary of what I’ve learned today.
Thank you for this video-recorded lecture.
Part 9 on Rules of Criminal Procedure
ARRAIGNMENT AND PLEA RULE 116
How arraignment and plea made?
It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment.
During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused.
After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty.
When is arraignment made?
It was made before the start of the trial or before the prosecution presents its case.
For example, is upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial.
In one hearing an arraignment and pretrial is conducted.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
1) Counsel of the accused failed to object to lack of arraignment during the trial.
2) Counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
Procedure of Arraignment
1. It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial
2. By the judge or clerk of court;
3. By furnishing the accused with a copy of the complaint or information;
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings
When to conduct arraignment?
Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused.
Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. The third are cases under RA 7610, the trial shall be commenced within 3 days from arraignment, the fourth are cases under the dangerous drugs act, and the fifth cases under SC AO 104-96 i.e. heinous crimes.
Is the presence of the offended party required during an arraignment?
Yes. The presence of a private offended party is required in the following instances;
1. Plea bargaining
2. Determination of civil liability; and
3. Other matters requiring his presence
In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide).
Trial in absentia - can only be done only after a valid arraignment.
If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned.
When should a plea of not guilty be entered?
1. When the accused so pleaded;
2. When he refuses to plead
3. Where in admitting the act charged he sets up matters of defense or with lawful justification
4. When he enters a conditional plea of guilty
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him
6. When the plea is indefinite or ambiguous.
Plea of guilty - a judicial confession of guilt.
The effects of a plea of guilty then the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein.
If the accused pleads guilty to a capital offense, what the court should do?
The court must ascertain if there is voluntariness on the part of the accused. The court is under obligation to inquire searching questions as voluntariness of the plea or if the accused has fully understood the consequences of his plea of guilty.
Searching Inquiry
Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary acquit.
IMPROVIDENT PLEA
-It is a plea without information as to all the circumstances affecting it.
-It is based upon a mistaken assumption or misleading information or advice. (There are consequences under the rules).
Period to withdraw an improvident plea
At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court.
New trial or case will re-open as it was the effect of withdrawal of the improvident plea
PLEA-BARGAINING
Process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
CABANGON MARVIN V,
3C1
Good morning po sir. This is what I’ve learned from this lecture video regarding Arraignment and plea.
Arraignment and Plea- It is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment. This is the proceeding in a criminal case, whose object or which object is to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information. Which is why during the arraignment the accused is asked if this is the correct and proper spelling of his name.
Plea- This is the response of the accused to the information that was brought against him whether guilty or not guilty.
As a General Rule- Arraignment must be made before start of the trial or before the prosecution presents its case. It is also simultaneously done or set with the trail. In one hearing and the trial is conducted. But there are exemption when The counsel of the accused failed to object lack of arraignment during trial and If the counsel of the accused had full opportunity to cross-examine witnesses
The Procedure of arraignment
- It must be in open court where the complaint or information has been filed or assigned for trial;
- It must be made by the judge or clerk of court
- By furnishing the accused with a copy of the complainant or information;
- Reading it in a language or dialect known to the accused
- Asking accused whether he pleads guilty or not guilty
- These arraignment and plea must be made of record but the failure to enter the plea of the accused on record shall not affect the validity of the proceedings.
As a general rule in the period of arraignment- Arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused. But the Exemptions are
- When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
- Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay.
- Cases involving child abuse, the trail shall be commended within 3 days from arraignment.
- Cases under the Dangerous drug act.
- Cases under SC AO 104-96.
Presence of the offended party during arraignment
*The private offended party shall be required to appear in the arraignment for the following purposes;
- Plea bargaining
- Determination of civil liability
- Other matters requiring his presence
Remember that In cases the offended party fails to appear despite due notice, the court may allow the accused to enter a plea guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone.
Different rules on arraignment- Is the case proceed even without the participation of the accused? Yes, the absence of the accused will be deemed as waiver to appear during trial. It will mean that he waives the right to confront his witnesses, he waives his right to participate during trial and so the court will proceed despite his absence which we called in trial in absentia.
As a General Rule- If there is no arraignment then then the judgment is void except when after trail, the accused was subsequently arraign.
When should a plea of not guilty be entered? It is After reading the information by the judge of his clerk of court, the accused will inform the court not guilty your honor so when the accused entered into the records. If the accused simply refuses to enter his own plea then a plea of not guilty will be entered. When in admitting the act charged he sets up matters of defense or with lawful jurisdiction, When he enters a conditional plea of guilty. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entitled for him and When the plea is indefinite or ambiguous or it is susceptible of different interpretations.
Plea of Guilty- It is the judicial confession of guilt. This is an unconditional plea of guilt which admits of the crime and all the attendant circumstances alleged information including the allegations of conspiracy and warrants judgment of conviction without need of further evidence.
As a General Rule- A plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned therein.
Purpose of the presentation of evidence after the plea of guilty- The reason for this rule is to avoid any misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty.
Searching Inquiry- If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry.
Improvident Plea Is a plea of guilt without the benefit of information as to all the circumstances affecting it and It is based upon a mistaken assumption or misleading information or advice.
Period to withdrawal an Improvident plea- The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty.
Effect of withdrawal of Improvident plea+ The court shall set aside the judgment of conviction and re-open the case for new trial.
Grounds for suspension of arraignment
- Motion to Quash
- Motion for Inhibition
- Motion for bill of Particulars
Plea Bargaining- In criminal cases is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval. And Remember thatIt is to be noted that the decision to accept or reject a plea bargaining is within the sound discretion of the court.
Good evening, Atty. Is there something as arraignment in absentia? Is it valid?
TULAWE, RICO O. BSCRIM-3C1
Good day Atty, thank you for this lecture series. This is what I’ve learned in this video.
Arraignment and Plea Rule 116 Arraignment and Plea, how made?
- it's a proper mode of implementing the constitutional right of the accused to be told of the character and reason behind the accusation against him.
• one amongs the constitutional right of the accused is to learn of the character and explanation for the accusation against him. so as to suits such constitutional requirement, the principles of court devises a proper process or proceeding wherein the accused are going to be informed of what's the charge made against him and what's its nature called as arraignment.
• During arraignment, the accused is asked, this is often the right spelling of your name or the court or judge sometimes invite the presentation of a government issued of accused so as to claim him to work out the knowledge the identity of the accused.
Plea - this is often the response of the accused to the data that was brought against him whether guilty or innocent.
When made - Arraignment is created before the beginning of the trial or before the prosecution presents its case.
- Arraignment is simultaneously done or set with the trial. In one hearing and also the trial is conducted.
• There are exceptions wherein the arraignment is formed after the prosecution rested its case:
1. If the counsel of the accused didn't object lack of arraignment during trial.
2. If the counsel of the accused had full opportunity to conduct cross-examination of witnesses.
• Procedure of arraignment
1. It must be made in open court meaning during a hearing within the general public view where the complaint or information has been files or assigned for trial.
2. It must be made by the judge or clerk of court.
3. By furnishing the accused with a replica of the complaint or information.
4. Reading it in an exceedingly language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be manufactured from record but failure to enter the plea of the accused on record shall not affect the validity of the proceedings.
• Period of Arraignment
-Arraignment under the old rules is conducted within 30 days from the date the court acquires jurisdiction for the person of the accused. - Under the principles of continues trial, it shall be as soon as possible, as soon as there's arrest or voluntary surrender on the a part of the accused. - Arraignment is finished simultaneously with the trial on the identical day.
Exceptions:
1. When an accused is under preventive detention, his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
2. Where the complainant is on the brink of depart from the Philippines with no definite date of return, the accused should be arraigned directly.
3. Cases involving childe abuse, the trial shall be commenced within 3 days from arraignment.
4. Cases under the damaging Drugs Act.
5. Cases under SC AO 104-96
• Presence of the offended party during arraignment the presence of the private offended party is required within the ff purposes:
1. plea bargain
2. Determination of civil liability or damages payable to the private offended party
3. Other matters requiring his presence
In case that the private complainant fails to seem despite due notice during arraignment then the accused can plead to a lesser offense.
• Different rules on arraignment
Can the case proceed even without the participation of the accused?
- Yes, the absence of the accused will be deemed as waiver to look during trial. It 'll mean that he waives the proper to confront his witnesses, to participate during trial then the court will proceed despite his absence called trial in absentia.
Take Note: Trial in absentia can only be done only after a sound arraignment.
If there's no arraigment then the judgement is void except when after trial, the accused was subsequently arraign.
• When a should a plea of innocent be entered
1. After reading of the data by the judge of his clerk of court, the accused will inform the court guilty your honor so when the accused so pleaded then a clean-handed plea are going to be entered into the records.
2. If the accused refuses to enter his own plea.
3. If the accused had admitted the act charged but subsequently set ups matter of defense.
4. The accused has pleaded guilty but set forth some conditions on such plea.
5. If the accused entered a plea of guilty but presents evidence for his defense.
6. When the plea is indefinite or ambiguous or it's susceptible of various interpretations.
Plea of guilty - may be a judicial confession of guilt.
Effect of a plea of guilty
General Rule: for instance the accused admitted all the material allegations within the infornation similarly because the aggravating circumstances contained therein, there's no more need for the prosecution to prove the yield of the accused because there was a plea of guilty.
- The accused acknowledges that he's indeed the perpetrator of the crime.
Non-capital offense - these are offenses which not to be punished by the crime and therefore the law-breaking is death but death the penalty is suspended so it reduced to reclusion perpetua.
If the accused pleads guilty to a capital offense, what are the duties of the court?
- the court must ascertain if there's voluntariness on the a part of the accused because it happens that sometimes the accused are struggling, harrasment, violence or intimidation or torture so if the accused pleads guilty the court is under obligation to inquire to conduct searching questions or searching inquiries on the voluntariness of the plea or if the accused had fully understand the implications of his plea guilty and required the prosecution to prove the guilt and precise degree of the culpability of the accused.
Searching inquiry - if the accused pleads guilty to a capital offense then the court is remitted conduct searching inquiry.
- Where the justice will satisfy himself that the accused has pleaded guilty out of his voluntary will. The judge will ask several questions from the accused.
Improvident Plea - could be a plea of guilt without the advantage of information on all the circumstances affecting it.
- could be a plea by mistake. If there was mistake within the plea of the accused due to some mistake and assumption or some misleading information, there are consequences under the foundations. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final.
Grounds for suspension of arraignment;
Upon motion by proper party on the following grounds;
1. if the accused appears to be suffering from unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently therethru;
2. there exist of valid prejuduial questions
3. A petition for review of the resolution of the prosecutor is pending at the department of justice or office of the president. Provided that the period of suspension shall not exceed 60 days from the filing of petition.
Plea Bargaining - in criminal cases could be a process whereby the accused and therefore the prosecution tries to enter into an agreement on how the case is to be disposed. Such agreement is mutually satisfactory on both parties is subject for approval of the court. Pleading guilty for a lesser offense for a lighter sentence.
RIVERA, KAYCELINE B. (3C3)Good day Sir.Thank you for this video recorded discussion, I’ve learned that the arraignmen and plea is the formal mode of implementing the constitutional right of thaccused to be informed of the nature of the accusation against him. This is the proceeding in a criminal case, whose object or which object is to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words his plea to the information.
Plea
It is the response of the accused to the information that was brought against him whether guilty or not guilty.
As a general rule
Arraignment must be made before start of thetrial or before the prosecution presents its case.
Exemption to the rule, if the counsel of the accused failed
to object lack of arraignment during trial and If the counsel of the accused
had full opportunity to cross-examine witnesses.
Procedure of arraignment
It must be in open court where the complaint or
information has been filed or assigned for trial, it must be made by the judge
or clerk of court, by furnishing the accused with a copy of the complainant or information,
reading it in a language or dialect known to the accused, asking accused
whether he pleads guilty or not guilty and these arraignment and plea must be
made of record but the failure to enter the plea of the accused on record shall
not affect the validity of the proceedings.
Period of arraignment
As a general rule, the arraignment
shall be made within 30 days from the date the court acquires jurisdiction over
the person of the accused.
Exemptions to the rule, if the
accused is under preventative detention his case should be raffled within 3
days from filing and accused shall be arraigned within 10 days from receipt by
the judge of the records of the case, where the complainant is about to depart
from Philippines with no definite date of return, the accused should be
arraigned without delay, if the case involving child abuse, the trail shall be
commended within 3 days from arraignment and if the cases under the Dangerous
drug act.
Plea of Guilty
A judicial confession of guilt.
Effect of a plea of guilty
As a general rule, a plea of guilty admits the truth of all material facts alleged in the
information including all the aggravating circumstances mentioned therein.
Exemption to the rule, if the
plea of guilt was compelled by violence or intimidation, if the accused did not
fully understand the meaning and consequences of his plea, if the information
is insufficient to sustain conviction of the offense charged, if the
information does not charge an offense, any conviction thereunder being void
and if the court has no jurisdiction
Exemption to the Exemption, If what the accused would prove is an
exempting circumstances, it would amount to a withdrawal of his plea of not
guilty.
Plea Bargaining
In criminal cases, it is a process whereby the
accused and the prosecution work a mutually satisfactory disposition of the
case subject to court approval.
BICOMONG,RYAN GIMEL M. 3c4
Good day sir . This is what i learn from this topic.
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.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.When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him.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.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.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.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.
DELANTAR,KYLA MAE M.
3C2
GOOD DAY SIR, HERE;S THE SUMMARY OF WHAT I;VE LEARNED IN YOUR DISCUSSION
SECTION 1-
(a) A complaint or information must be presented in the court where the allegation is made, orwhere the case is assigned for trial. An arraignment is a formal proceeding in which the defendant is asked whether he or she will plead guilty or not guilty, all done in a public courtroom where the defendant is provided with a copy of the charge, read to him or her, and asked if he or she intends to plead guilty or not guilty. Other than individuals mentioned in the complaint or information, the prosecution may call on witnesses during the trial.
At the arraignment, the accused must be present and voluntarily enter his plea. The bothar (plural of botharment) and plea must be stated in court, although absence of an announcement will not invalidate the proceedings. A plea of not guilty must be recorded if the accused refuses to plead or if his plea is conditional. When the accused acknowledges culpability but also provides proof that he is innocent, the charges against him will be dropped and a new charge will be added for him. The case may be raffled under preventive detention, and the record of this must be transmittedsimultaneously to the judge from whom the case was raffled to whom the information or complaint wasfiled within three (3) days after the filing of the information or complaint. If someone is suspected of a crime, he/she must be arraigned within ten (10) days. His arraignment conference is scheduled for ten days before trial. When the aggrieved party has completed the portion of the process that consists of making a plea bargain, determining civil responsibility, and other procedures requiring his attendance, he must attend the arraignment. If the aggrieved party fails to appear for trial despite being properly served notice, the court may allow the accused to enter a plea of guilty to a lesser crime that is part of the offense charged.
GOOD EVENING ATTY
RECTO,JUSTINE J. (3C3)LSPU-SPC
Thank you atty for this video about arraignment and plea i already watch this before and here the summary
ARRAIGNMENT AND PLEA RULE 116
HOW ARRAIGNMENT AND PLEA MADE?
It is a formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him. The accused was informed of the charge against him and its nature. This process is called an arraignment.
During arraignment in a criminal proceeding, the accused is informed about the proper spelling of his name or the judge may ask for the presentation of the accused to determine the identity of the accused.
After informing him of the charge the accused enter the plea, which is the response of the accused to the information that fought against him whether guilty or not guilty.
WHEN IS ARRAIGNMENT MADE?
It was made before the start of the trial or before the prosecution presents its case.
For example, is upon the arrest of the accused or his voluntary surrender to the court, the court will set the case for arraignment and this must be made before the trial.
In one hearing an arraignment and pretrial is conducted.
Exception in arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:
1) Counsel of the accused failed to object to lack of arraignment during the trial.
2) Counsel of the accused had full opportunity to cross-examine witnesses.
Under these two exemptions, the arraignment is made after the prosecution rested its case.
PROCEDURE IN ARRAIGNMENT
1. It must be in open court where the complaint or information has been filed or assigned for trial. Meaning in a hearing with the public view where the complaint or information has been filed or assign for trial
2. By the judge or clerk of court;
3. By furnishing the accused with a copy of the complaint or information;
4. Reading it in a language or dialect known to the accused.
5. Asking the accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failed to enter of record shall not affect the validity of the proceedings
WHEN TO CONDUCT ARRANGEMENT?
Arraignment under the old rule is conducted within 30 days from the date the court acquired jurisdiction over the person of the accused.
Exemptions are when an accused is under preventive detention, his case should be raffled within 3 days from filing, and the accused shall be arraigned within 10 days from receipt by the judge of the records of the case and where the complainant is about to depart from the Philippines with no definite date to return, the accused should be arraigned without delay. The third are cases under RA 7610, the trial shall be commenced within 3 days from arraignment, the fourth are cases under the dangerous drugs act, and the fifth cases under SC AO 104-96 i.e. heinous crimes.
Is the presence of the offended party required during an arraignment?
Yes. The presence of a private offended party is required in the following instances;
1. Plea bargaining
2. Determination of civil liability; and
3. Other matters requiring his presence
In case that private offended party fails to appear during arraignment then the accused can plead to a lesser offense (ex. murder then accused attend for arraignment without the participation of private offended party the effect is that the accused can enter into a plea of guilty into a lower offense of homicide).
Trial in absentia - can only be done only after a valid arraignment.
If there is no arraignment then the judgment is void except when after the trial the accused was subsequently arraigned.
When should a plea of not guilty be entered?
1. When the accused so pleaded;
2. When he refuses to plead
3. Where in admitting the act charged he sets up matters of defense or with lawful justification
4. When he enters a conditional plea of guilty
5. When after a plea of guilty but presents exculpatory circumstances, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him
6. When the plea is indefinite or ambiguous.
Plea of guilty - a judicial confession of guilt.
The effects of a plea of guilty then the accused admits the truth of all material facts alleged information including aggravating circumstances mentioned therein.
If the accused pleads guilty to a capital offense, what the court should do?
The court must ascertain if there is voluntariness on the part of the accused. The court is under obligation to inquire searching questions as voluntariness of the plea or if the accused has fully understood the consequences of his plea of guilty.
Searching Inquiry
Where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary acquit.
IMPROVIDENT PLEA
-It is a plea without information as to all the circumstances affecting it.
-It is based upon a mistaken assumption or misleading information or advice. (There are consequences under the rules).
Period to withdraw an improvident plea
At any time during trial before the finality of conviction, the accused can change his mind and withdraw his improvident plea. The withdrawal of it is not a matter of legal right but is the address at the discretion of the trial court.
New trial or case will re-open as it was the effect of withdrawal of the improvident plea
PLEA-BARGAINING
Process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
Arraignment and Plea, How made?
In this video recorded discussion I've learned that arraignment is the formal mode of informing the accused of the accusations against him while plea is the response carried out by the accused prior to the brought against him whether guilty or not. In order to comply with such constitutional requirements the rules of court devises formal process or proceedings wherein the accused will be informed of what is the charged made against him and what is its nature or as we know as arraignment.This proceeding gives the accused an opportunity to plead or to obtain from the accused his answer, in other words, his plea to the information.That is the reason why, in the actual proceeding, the accused was asked regarding the proper spelling of his name.
When made
As a general rule, arraignment must be made before start of the trial or before the prosecution presents its case. It is also simultaneously done or set with the trail. In one hearing and the trial is conducted.The exemption herein is that (1)when the counsilel of the accused failed to object lack of arraignment during trial(2)and if the counsel of the accused had full opportunity to cross-examine witnesses
Procedure of arraignment
The proper procedure of arraignment is that the procedure is in an open court where the complaint or information has been filed or assigned for trial;it must be made by the judge or clerk of court;by furnishing the accused with a copy of the complainant or information;it was read on a language or dialect the accused is used to so that he can understand;the accused will be asked his plead whether guilty or not..
Period of arraignment
As a general rule, arraignment shall be made within 30 days from the date the court acquires jurisdiction over the person of the accused.
Exemptions;
When the accused is under preventative detention his case should be raffled within 3 days from filing and accused shall be arraigned within 10 days from receipt by the judge of the records of the case.
Where the complainant is about to depart from Philippines with no definite date of return, the accused should be arraigned without delay.
(If the person about to depart is not the accused but the complainant.)
Cases involving child abuse, the trail shall be commended within 3 days from arraignment.
Cases under the Dangerous drug act.
Cases under SC AO 104-96.
Plea of Guilty
Plea is a judicial confession of guilt. The effect of a plea guilty as a general rule is that a plea of guilty admits the truth of all material facts alleged in the information including all the aggravating circumstances mentioned ththere. The exemption to general rule is that(1).where the plea of guilt was compelled by violence or intimidation;(2). when the accused did not fully understand the meaning and consequences of his plea;(3). where the information is insufficient to sustain conviction of the offense charged;(4). where the information does not charge an offense, any conviction thereunder being void;(5).where the court has no jurisdiction . But, there is also an exemption to the exemption and that is if what the accused would prove is an exempting circumstances, it would amount to a withdrawal of his plea of not guilty.
Purpose of the presentation of evidence after the plea of guilty
The reason behind is that for this rule to avoid an misunderstanding on the part of the accused as to the part of the nature of the charges to which he pleaded guilty.
Searching Inquiry
If the accused pleads guilty to a capital offense then the court is mandated conduct searching inquiry.
(Searching inquiry is that where the trial judge will satisfy himself that the accused has pleaded guilty out of his voluntary will.)
Improvident Plea
Is a plea of guilt without the benefit of information as to all the circumstances affecting it
It is based upon a mistaken assumption or misleading information or advice.
(Consequences under the rules. The accused can withdraw an improvident plea at any time before the judgment or of conviction becomes final. Plea Bargaining - in criminal cases is a process whereby the accused and the prosecution tries to enter into an agreement on how the case is to be disposed.)
Period to withdrawal an Improvident plea
The court may permit an improvident plea of guilty to withdrawn, at any time before the judgment of conviction becomes final, and be substituted by plea of not guilty.
Note;
The withdrawal of a plea of guilty is not a matter of right to the accused but addresses to the sound discretion to the trial court.
Grounds for suspension of arraignment
There are three grounds that leads to suspension of the arraignment and thi's are motion to quash; motion for inhibition; motion for bill of particulars
Plea Bargaining
In criminal cases, plea bargaining is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval