RULE

116 – ARRAIGNMENT

I. PERIOD FOR ARRAIGNMENT
A. GENRAL RULE (Sec. 1, Par. g)
• Within 30 days from the time the Court acquired jurisdiction over the person of the
accused

B. ACCUSED UNDER PREVENTIVE DETENTION (Sec. 1, Par. e)
• Cases of warrantless arrest or voluntary surrender where no case has been filed yet
• Within 10 days from raffle of the case
• Raffle must be held within 3 days from filing of the complaint/information

II. BEFORE ARRAIGNMENT
• Duty of the Court (Sec. 6):
1. Inform the Accused of his right to Counsel
2. Ask him if he desires to have one
3. Assign a Counsel de Oficio if he cannot afford a private counsel
• Qualifications (Sec. 7):
a. Members of the Bar in good standing with experience and ability to defend
the rights of the accused
b. Resident of the locality, of good repute for probity and with ability to defend
the rights of the accused
4. Grant reasonable time for the Counsel de Oficio to consult with the Accused (Sec. 8)
• Duty of the Accused:
Object to the validity of the arrest or legality of the warrant or regularity of
preliminary investigation or absence thereof.

III. MANNER OF ARRAIGNMENT (Sec. 1, Par. a)
1. Held in open court
2. Made by the Judge or Clerk of Court
3. Furnishing the accused with a copy of the complaint/information
4. Reading it in a language or dialect known to him
5. Asking him whether he pleads guilty or not guilty

IV. ENTRY OF PLEA OF NOT GUILTY
1. Pleaded Not Guilty
2. Refuses to Plea (Sec. 1, Par. c)
3. Makes a Conditional Plea (Sec. 1, Par. c)
4. Pleads Guilty but Presents Exculpatory Evidence during Trial (Sec. 1, Par. d)
5. Withdrawal of a Plea of Guilty
a. General Rule: Before the prosecution starts presenting its evidence
b. Exception: After trial but before judgment becomes final involving an
Improvident Plea (without knowledge/information as to the facts,
circumstances surrounding the case) (Sec. 5)
• Plea that is not voluntarily, intelligently and knowingly made
• Accused must prove that his plea was improvident since the law presumes
that every plea is voluntarily, intelligently and knowingly made

V. ENTRY OF PLEA OF GUILTY
A. TO A LESSER OFFENSE (Plea Bargaining) (Sec. 2)
• Lesser Offense:
1. Necessarily included in the offense charged
2. Penalized not more than TWO (2) Degrees lower from the offense charged
• Consent:
GENERAL RULE: Both the Prosecutor and the Private Offended Party must be Obtained
EXCEPTION: Prosecutor alone (absence of the Private Offended Party despite notice)
amounts to a waiver by the latter (Sec. 1, Par. f)
• Appearance of the Private Offended Party required:
a. Plea Bargaining
b. Determination of Civil Liability
c. Other matters requiring his presence

Atty. Kerwin Gerard Reynato U. Leonida


B. TO THE OFFENSE CHARGED
1. NON-CAPITAL OFFENSE (Sec. 4)
• GENERAL RULE: No more trial, court will immediately promulgate judgment of
conviction
• EXCEPTION: Trial may be held to receive evidence for the purpose of determining the
imposable penalty

2. CAPITAL OFFENSE (Sec. 3)
• Trial must always be held, court will not immediately promulgate judgment of
conviction
• Duty of the Court:
1. Conduct searching inquiry to determine the voluntariness and full
comprehension by the accused of the consequences of his plea
2. Require the Prosecution to still prove the required degree of Culpability (Guilt
Beyond Reasonable Doubt)
3. Inquire if the Accused wishes to present evidence on his behalf and allow him if
he so desires


VI. SUSPENSION OF ARRAIGNMENT (Sec. 11)
1. Suffering from Unsound Mental Condition
2. Prejudicial Question
3. Petition for Review of the Resolution of the Prosecutor/Ombudsman pending
before the DOJ or the Office of the President
• Suspension shall not exceed sixty (60) days from filing of the petition

Atty. Kerwin Gerard Reynato U. Leonida