Rule 116 – Arraignment and Plea
o The above duty is mandatory except
A. Basic Concepts:
Meaning of Arraignment:
-­‐ Arraignment is the formal mode and
manner of implementing the
constitutional right of an accused to be
informed of the nature and cause of the
accusation against him (Taglay vs.
Daray, 678 SCRA 640)
Purpose of Arraignment:
-­‐ To appraise the accused why he is
being prosecuted by the State, which
makes it an indispensable requirement
of due process and, therefore, cannot
be regarded lightly or brushed aside.
(Taglay vs. Daray, 678 SCRA 640)
-­‐ Procedural due process requires that
the accused be arraigned so that he
may be informed of the reason for his
indictment, the specific charges he is
bound to face, and the corresponding
penalty that could be possibly meted
against him. It is at this stage that the
accused, for the first time, is given the
opportunity to know the precise charge
that confronts him. (Kummer vs. People,
705 SCRA 490)
Effect of the absence of arraignment:
-­‐ It results in the nullity of the
proceedings before the trial court
(Taglay vs. Daray, 678 SCRA 640)
-­‐ An accused that has not been
arraigned, he cannot be tried in
absentia. (Sec. 14(2), Art. III,
Constitution)
Duty of the Court before arraignment:
• Before arraignment, the court shall:
(Sec. 6, Rule 116)
a. Inform the accused of his right to
counsel;
b. Ask him if he desires to have one;
and
c. Must assign a counsel de oficio to
defend him, unless:
i. The accused is allowed to
defend himself in person; or
ii. The accused has employed a
counsel of his choice
 
Notes:
when the accused waives such right
and the court, finding the accused it
capable, allows him to represent
himself in person.
o If the accused informs the court that
he cannot afford a lawyer, and the
court has not allowed him to
represent himself – the Judge has
the duty to appoint a counsel de
oficio to give meaning and
substance to the constitutional right
of the accused to counsel. (Gamas
vs. Oco, 425 SCRA 588)
o The judge must not agree or accept
to the accused wish to be arraigned
without representation because the
judge has the duty to protect the
rights of the accused even against
their wishes. (Gamas vs. Oco, 425
SCRA 588)
• In localities where members of the bar
are not available, the court may appoint
any person, resident of the province
and of good reputation and ability to
defend the accused (Sec. 7, Rule 116)
• The counsel de oficio shall be given
reasonable time to consult with the
accused as to his plea before
proceeding with the arraignment. (Sec.
8, Rule 116)
Options of the accused before arraignment
and plea:
• Before arraignment and plea, the
accused may avail of any of the
following:
A. Bill of Particulars:
Sec. 9, Rule 116 Rule 12
Criminal Procedure Civil Procedure
1. The accused • Before responding to a
may, before pleading, a party may move
for a definite statement or for
arraignment, a bill of particulars of any
move for a bill matter which is not averred
of particulars to with sufficient definiteness or
enable him particularity to enable him
properly to properly to prepare his
responsive pleading.
plead and • If the pleading is a reply, the
prepare for trial. motion must be filed within
2. The motion 10 days from the service
1
 shall: thereof.
a. Specify the • Such motion shall point out
the defects complained of,
alleged defects the paragraphs wherein they
of the are constrained, and the
complaint or details desired. (Sec. 1, Rule
information; 112)
and • Upon the filing of the motion,
the clerk of court must
b. Specify the immediately bring it to the
details desire attention of the court which
may either deny or grant it
outright, or allow the parties
the opportunity to be heard
(Sec. 2, Rule 12)
• If the motion if granted,
either in whole or in part, the
compliance therewith must
be effected within 10 days
from notice of the order,
unless a different period is
fixed by the court. The bill of
particulars or a more definite
statement ordered by the
court may be filed either in a
separate or in an amended
pleading, serving a copy
thereof on the adverse party.
(Sec. 3, Rule 12)
• If the order is not obeyed, or
in case of insufficient
compliance therewith, the
court may order the striking
out of the pleading or the
portions thereof to which the
order was directed or make
such order as it deem just.
(Sec. 4, Rule 12)
• After service of the bill of
particulars or of a more
definite pleading, or after
notice of denial of his
motion, the moving party
may file his responsive
pleading within the period to
which he was entitled at the
time of filing his motion,
which shall not be less than
5 days in any event. (Sec. 5,
Rule 12)
• A Bill of Particulars becomes
part of the pleading for
which it is intended. (Sec. 6,
Rule 12)
Notes:
-­‐ If the accused finds the information
defective as it bears only the month and
year of the incident complained of, he
should file a motion for bill of
 
particulars, as provided under Rule 116,
before he enters his plea.
-­‐ Failure to do so amounts to waiver of
the defect or detail desired in the
information (People. Jalbuena, 526
SCRA 500)
B. Suspension of Arraignment:
-­‐ Upon motion, the proper party may ask
for the suspension of the arraignment in
the following cases
a. If the accused is suffering from
unsound mental condition which
renders him unable to fully
understand the charge against
him and to plead intelligently
thereto.
i. The court shall order his
mental examination and
his confinement in one
hospital or asylums, if
necessary.
b. There exist a prejudicial question;
and
c. A petition for review of the
prosecutor’s resolution which is
pending at either DOJ or Office
of the President.
i. The period of suspension
shall not exceed 60 days
counted from the filing of
the petition with the
reviewing office. (Sec.
11©, Rule 116).
-­‐ With the arraignment of the accused,
the DOJ Secretary can no longer
entertain the appeal or petition for
review because petitioner had already
waived or abandoned the same.
(Gandarosa vs. Flores, 527 SCRA 776)
C. Motion to Quash:
-­‐ At ay time before entering his plea, the
accused may move to quash the
complaint or information on any
grounds provided under Sec. 3, Rule
117, in relation to Sec. 1, Rule 117.
-­‐ Grounds for motion to quash by the
accused: (Sec. 3. Rule 117)
a. That the facts charged do not
constitute an offense;
2
 b. That the court trying the case has
no jurisdiction over the offense
charged;
c. That the court trying the offense
has no jurisdiction over the person
of the accused;
d. That the officer who filed the
information had no authority to do
so;
e. That it does not conform
substantially to the prescribed
form;
f. That more than one offense is
charged except when a single
punishment for various offenses is
prescribed by law;
g. That the criminal action or liability
has been extinguished;
h. That it contains averments which,
if true, would constitute a legal
excuse or justification; and
i. That the accused has been
previously convicted or acquitted
of the offense charged, or the case
against him was dismissed or
otherwise terminated without his
express consent.
D. Challenge the Validity of Arrest or
Legality of the warrant issued or Assail
the regularity or question the absence of
a preliminary investigation of the charge:
-­‐ An objection against an arrest or the
procedure in the acquisition by the
court of jurisdiction over the person of
an accused should be made at or
before the arraignment; otherwise, the
objection is deemed waived. (People vs.
Lozada, 406 SCRA 494)
-­‐ The arraignment of the accused
constitutes a waiver if the right of the
preliminary investigation or
reinvestigation – such waiver is
tantamount to a finding of probable
cause. (Adasa vs. Abalos, 516 SCRA
261)
Notes:
• The Rules of Procedure of the
Ombudsman allows the filing of an
Information in court pending a motion
for reconsideration of the finding of
 
probable cause. (Ramiscal, Jr. vs. SB,
630 SCRA 505)
o Therefore, if the filing of a motion
for reconsideration of the resolution
finding probable cause cannot bar
the filing of the corresponding
information, then neither can it bar
the arraignment of the accused,
which follows the filing of the
information.
o Sec. 11 of Rule 116, ROC applies
suppletorily in matters not provided
under the Rules of Procedure of the
Ombudsman or the Revised Internal
Rules of the Sandiganbayan.
Arraignment under an amended
information, substantial information:
• Where the accused had been already
arraigned and the information was
substantially amended: (Cabangangan
vs. Conception, 95 Phil. 87)
o An arraignment on the amended
information is mandatory because
the accused had repeatedly called
the attention of the court to the
absence of arraignment.
o If he is not arraigned and is
convicted under the second
information, the conviction
constitutes reversible error.
• Substitution of Information:
o Another preliminary investigation is
entailed and the accused has to
plead anew to the new information.
• Where the amendment is only as to
form:
o No need for another preliminary
investigation and the retaking of the
plea of the accused; (Teehankee, jr.
vs. Madayag, 207 SCRA 134)
o Amendment done after the plea and
during the trail – it does not call for
a second plea.
Example:
-­‐ Change in the date of the commission
of the crime of homicide.
• Such amendment does not
change the nature of the crime,
does not affect the essence of
the offense nor deprive the
accused of an opportunity to
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 meet the new averment, and is
not prejudicial to the accused.
(Kummer vs. People, 705 SCRA
490)
B. How Arraignment and Plea are made:
Where arraignment is to be made:
-­‐ Accused must be arraigned before the
court where the complaint or
information was filed or assigned for
trial. (Sec. 1(a), Rule 116)
How arraignment is made: (Sec. 1(a), Rule
116)
-­‐ It should be:
• Made in open court;
• By the judge or clerk
• By furnishing the accused with a
copy of the complaint or
information, and
• Asking him (accused) whether he
pleads guilty or not guilty.
When arraignment is to be made:
-­‐ Rules of Court vs. Speedy Trial Act:
Rules of Court Speedy Trial Act
Arraignment shall be Arraignment of an
within 30 days from accused shall be held
the date the court within 30 days from
acquires jurisdiction the filing of the
over the person of the information, or from
accused, unless a the date the accused
shorter period is has appeared before
provided by a special the justice, judge, or
law or a SC circular. court in which the
(Sec. 1(g), Rule 116) charge is pending,
whichever date last
occurs. Thereafter,
where a plea of not
guilty is entered, the
accused shall have at
least 15 days to
prepare for trial. (Sec.
7, RA 8493)
-­‐ In computing the period, the following
shall be excluded: (Sec. 1(g), Rule 116)
1. The time of the pendency of a
motion to quash;
 
2. The time for the pendency of a bill
of particulars; or
3. Other cause justifying suspension
of the arraignments.
-­‐ If the accused pleads not guilty to the
crime charged - He/she shall state
whether he/she interposes a negative or
affirmative defense. (Sec. 7, RA 8493)
• Negative Defense: It requires
the prosecution to prove the guilt
of the accused beyond
reasonable doubt.
• Affirmative Defense: It modify
the order of trial and require the
accused to prove such defense
by clear and convincing
evidence.
-­‐ When the accused is under preventive
suspension: (Sec. 1(e), Rule 116)
• The accused’s case shall be
raffled and its records
transmitted to the judge to whom
the case was raffled within 3
days from the filing of the
information or complaint.
• The accused shall be arraigned
within 10 days frm the date of the
raffle and the pre-trial conference
shall be held within 10 days after
arraignment.
Arraignment after submission of the case
for decision:
-­‐ SC ruled that an arraignment may be
made after a case has been submitted
for decision. (People vs. Pangilinan, 518
SCRA 358)
-­‐ Trial court acquired jurisdiction over the
person of the accused when he was
arrested. His arrest, not his arraignment,
conferred on the trail court jurisdiction
over his person.
Q: W/N the appellant rights and
interests were prejudiced by the fact
that he was arraigned only after the
case was submitted for decision?
Ans: NO – the arraignment defect was
cured when his counsel participated in the
trial without raising any objection that his
4
 clint had yet ti be arraigned. No protest
was made when appellant was
subsequently arraigned. The parties did not
question the procedure undertaken by the
trial court.it is only now, after being
convicted and sentenced to two death
sentences, that appellant cries that his
constitutional right has been violated. It is
already too late to raise this procedural
defect.
Record of Arraignment: (Sec. 1(b), Rule
116)
-­‐ Arraignment and plea shall be made of
record.
-­‐ Failure to put in record shall not affect
the validity of the proceedings.
Presence of the accused:
-­‐ The accused must be present at the
arraignment and must personally enter
his plea (Sec. 1(b), Rule 116)
Presence of the offended party: (Sec. 1(f),
Rule 116)
-­‐ Private offended party is required to
appear at the arraignment for the
following purposes:
1. Plea bargaining;
2. Determining the civil liability; and
3. Other matters requiring his
presence
-­‐ What if the 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 included
in the offense charged with the
conformity of the trial
prosecution alone.
When a plea of “Not Guilty” shall be
entered:
• Aside from an actual plea of not guilty, a
plea of not guilty shall be entered for
the accused if:
a. He refuses to plead;
b. He makes a conditional plea;
(Sec. 1(c), Rule 116)
c. He pleads guilty but presents
exculpatory evidence in which
case the guilty plea shall be
 
deemed withdrawn and a plea of
not guilty shall be entered. (Sec.
1(d), Rule 116)
• The accused submits himself to the
jurisdiction of the trial court by entering
a plea of not guilty, thereby curing any
defect in his arrest.
o However, the waiver of the right
to question the legality of the
arrest does not necessarily carry
with it his waiver of the right to
question the admissibility of the
evidence procured on the
occasion of or incidental to the
illegal arrest. The waiver did not
transform an inadmissible
evidence to one that is
admissible. (People vs. Oua, 415
SCRA 540)
• When accused admits the facts in the
information but alleges that he
performed the acts as charged because
he feared for his life – A plea of Not
Guilty is proper. (People vs. Baetiong, 2
Phil. 126)
• A plea is not considered conditional if it
amounts to a plea for leniency in the
imposition of a penalty: (People vs.
Comendador, 100 SCRA 155)
o When the accused requested for
a lesser penalty, such does not
make his plea of guilty
conditional
o It remains to be an admission of
the facts alleged in the
information charging Robbery
with homicide.
o Said plea for a lesser penalty is
an appeal to emotion as it does
not assail, restrict or qualify the
information.
o SC observed that the accused
intended his plea of guilty to be
unconditional because he did not
bother to adduce any evidence in
his favor and merely submitted
the case for decision. Although
he had an opportunity to do so
after the prosecution rested its
case, he did not avail the same.
5
 • When the accused pleads guilty
provided he is given a lesser penalty – it
is not a plea to a lesser offense.
o It is a plea that made conditions
on the penalty to be imposed.
o An accused may be foist a
conditional plea of guilty on the
court by admitting his guilt
provided that a certain penalty
will be meted unto him.
o A plea of guilty is subject to the
provisio that a certain penalty be
imposed upon him is equivalent
to a plea of not guilty and would
require a full-blown trial before
judgment may be rendered.
(People vs. Magat, 332 SCRA
517).
• If an accused admits the truth of some
or all the allegations in the information
but interposes excuses or additional
facts which would exempt or relieve him
in whole or in part of criminal
responsibility. – A formal plea of not
guilty should be entered. (People vs.
Albert, 251 SCRA 136)
• When the plea of not guilty is not
definite or ambiguous, or not absolute,
the same amounts to a plea of not
guilty.
o When the accused pleaded guilty
to the charged crime but every
time he was asked about the
specific allegations in the
information, he denied the
specific allegations about the
killing of the victim. When he was
interrogated to explain why he
answered in the negative
considering that he had a
entered a guilty plea but he
consistently answered “No”
every time to each question.
(People vs. Strong, 63 SCRA
133)
• When the accused first entered a plea
of guilty and, subsequently, he testified
that he acted in self-defense – Said
testimony had the effect of vacating his
plea of guilty and the trial court should
have required him oplead anow on the
charge, or at least direct that a new plea
 
of not guilty be entered for him. (People
vs. Balisacan, 17 SCRA 1119).
Plea of guilty as a judicial confession; effect
on aggravating circumstances:
• General Rule: A plea of guilty is a
judicial confession of guilt:
o An admission of all the material
facts alleged in the information,
including the aggravating
circumstances alleged. (People
vs. Gravino, 122 SCRA 123)
• Exceptions to the admission of
aggravating circumstances:
o If such circumstances are
disproved by the evidence,:
§ When the accused, who lacks
instruction, pleads guilty to the
crime of parricide described in
the information as having been
committed with the aggravating
circumstances of treachery and
evident premeditation and his
testimony given under oath
before the trial court fails to
show the existence if such
aggravating circumstances, his
plea of guilty shall be
understood as being to the
admission of having committed
the crime of parricide, not
having done so with treachery
and evident premeditation.
(People vs. Comendador, 100
SCRA 155)
§ A plea of guilty cannot beheld
to include treachery and
evident premeditation where
the evidence adduced does not
adequately disclose the
existence of these qualifying
circumstances (People vs.
Gravino, 122 SCRA 123)
o Evidence may disprove
aggravating circumstances
despite the plea of guilty
because a plea of guilty does not
dispense with the presentation of
evidence.
Accused Pleaded Accused Pleaded
Guilty to a Non- Guilty to a Capital
Capital Offense Offense
6
The court may receive The court shall
evidence to determine conduct a searching
the penalty to be inquiry into the
imposed. (Sec. 4, voluntariness and full
Rule 116) comprehension of the
consequences of his
plea and shall require
the prosecution to
prove his guilt and the
precise degree of
culpability. The
accused may present
evidence in his behalf
(Sec. 3, Rule 116)
Plea of guilty to a lesser offense; Plea
Bargaining:
-­‐ Plea Bargaining in criminal cases:
• It is a process whereby the
accused and the prosecution
work mutually satisfactory
disposition of the case subject to
court approval.
• It involves the defendant’s
pleading guilty to a lesser
offenses or to only one or some
of the counts of a multi-count
indictment in return for a lighter
sentence than that for the graver
charge (Daan vs. SB, 550 SCRA
233)
Requisites for a Plea of Guilty to a lesser
offense (Plea Bargaining):
• Requisites:
a. The lesser offense is necessarily
included in the offense charged;
and
b. The plea must be with the consent
of both the offended party and the
prosecutor (Sec. 2, Rule 116). The
consent of the offended party will
not be required if said party,
despite due process, fails to appear
during the arraignment. (Sec. 1(f),
Rule 116).
• The acceptance of an offer to plead
guilty to a lesser offense is not
demandable by the accused as a matter
of right but is a matter addressed
entirely to the sound discretion of the
trial court.
 
• An offense may be said to necessarily
include another when some of the
essential elements or ingredients of the
former as alleged in the complaint or
information (and vice versa), an offense
may be said to be necessarily included
in another when the essential
ingredients of the former constitute or
form part of those constituting the
latter.
o Hence, a person charged with
robbery or theft cannot plead
guilty to estafa because the
elements of the latter are not
included in the former. (Daan vs.
SB, 550 SCRA 233)
When plea of guilty to a lesser offense may
be made:
-­‐ It is allow on the following:
• at arraignment
• after arraignment
• after his (accused) prior plea of
not guiltyis withdrawn, provide
that it is made before trial (Sec.
2, Rule116)
-­‐ It may be considered also during the
trial proper and even after prosecution
has finished presenting its evidence and
rested its case.
-­‐ When plea bargaining was allowed by
court - there is no need to amend the
information or complaint. (Sec. 2, Rule
116)
Plea of Guilty to a capital offense:
• A capital offense may be punished by
death, however, RA 9346 provides that
the death penalty shall no longer be
imposed.
• When the accused pleads guilty to a
capital offense, the Court is mandated
to perform the following acts:
a. The conduct a searching inquiry:
i. To ascertain the
voluntariness of the plea;
and
ii. To ascertain whether or not
the accused has full
comprehension of the
consequences of his plea;
7
 b. To require to the prosecution to
prove the following:
i. The guilt of the accused; and
ii. The precise degree of his
culpability:
c. To ask the accused if he wishes
to present evidence in his behalf
and be allowed to do so, if he
desires. (Sec. 3, Rule 116)
• In capital offenses, one cannot just lean
on the presumption that the accused
has understood his plea.
o A mere warning that the accused
faces the supreme penalty of
death is insufficient. (People vs.
Principe, 381 SCRA 642)
• The tenor of the rule clearly precludes
the court from determining the guilt of
the accused from a mere plea of guilty
to a capital offense.
o The court is mandated to
conduct a searching inquiry to
determine whether or not the
plea was voluntarily and that the
accused had full comprehension
of the consequences of his plea.
(People vs. Francisco, 635 SCRA
440)
• Rationale?
o To courts must proceed with
more care where the possible
punishment is in its severest
form, namely death, for the
reason that the execution of such
sentence is irreversible.
o To avoid improvident pleas of
guilt on the part of an accused
where grave crimes are involved
since he might be admitting his
guilt before the court and
forfeiting his life and liberty
without having fully understood
the meaning, significance and
consequence of his plea. (People
vs. Gambao, 706 SCRA 508)
Meaning of “Searching Inquiry”:
-­‐ Guideline in the making of such inquiry:
(People vs. Pastor, 379 SCRA 181)
a. Ascertain from the accused
himself:
 
i. How he was brought into
the custody of the law;
ii. Whether he had the
assistance of a competent
counsel during the
custodial and preliminary
investigations; and
iii. Under what conditions he
was detained and
interrogated during the
investigation.
Note:
This is intended to rule out the
possibility that the accused has been
coerced or placed under a state of
duress either by actual threats of
physical harm coming from malevolent
quarters or simply because of the
judge’s intimidating robes.
b. Ask the defense counsel a series
of questions as to whether he
had conferred with, and
completely explained to the
accused the meaning and
consequences of a plea of guilty.
c. Elicit information about the
personality profile of the
accused. Such as his age, socio-
economic status, and
educational background, which
ma serve as a trustworthy index
of his capacity to give a free and
informed plea of guilty.
d. Inform the accused the exact
length of imprisonment or nature
of the penalty under the law and
the certainty that he will serve
such sentence.
-­‐ An accused pleads guilty in the hope of
a lenient treatment or upon had advice
or because of promises of authorities or
parties of a lighter penalty should he
admit guilt or expense remorse.
-­‐ It is the duty of the judge to ensure that
the accused does not labor under these
mistaken impressions because a plea of
guilty carries with it not only the
admission of authorship of the crime
proper but also of the aggravating
circumstances attending it, that
increase punishment.
8
 e. Inquire if the accused
-­‐ Failure of the court of the court to do so
would constitute a violation of his
fundamental right to be informed of the
precise nature of the accusation against
him and a denial of his right to due
process.
f. All questions posed to the
accused should be in a language
known and understood by the
latter;
g. The trial judge must satisfy
himself that the accused, in
pleading guilty, is truly guilty. The
accused must be required to
narrate the tragedy or reenact
the crime or furnish its missing
details.
Plea of Guilty to a Non-Capital offense:
• The court may receive evidence from
the parties to determine the penalty to
be imposed (Sec. 4, Rule 116)
• When the accused did not plead guilty
to a capital offense, he cannot invoke
Sec. 3 of Rule – requiring the searching
inquiry into the voluntariness and full
comprehension of the consequences of
his plea. (People vs. Madraga, 344
SCRA 628)
• Additional evidence independent of the
plea may be considered to convince the
judge that it was intelligently made.
When the accused pleads guilty to a
non-capital offense, the court may
receive evidence from the parties to
determine the penalty to be imposed.
(People vs. Mendoza, 231 SCRA 64)
o This rule is directory
o It will be clear abuse of discretion
on the part of the judge to persist
in holding the accused bound to
his admission of guilt and
sentencing him accordingly when
the totality of the evidence points
to his acquittal.
Improvident plea of guilty:
-­‐ At any time before the judgment of the
conviction becomes final, the court may
permit an improvident plea of guilty to
 
be withdrawn and be substituted by a
plea of not guilty. (Sec. 5, Rule 116)
-­‐ When the trial court failed to conduct
the prescribed “Searching Inquiry” into
the voluntariness of the accused’s plea
of guilty is deemed made improvidently
and rendered inefficacious. (People vs.
Gumimba. 517 SCRA 25).
-­‐ Conviction based on an improvident
plea of guilty are set aside only if such
plea is the sole basis of the judgment.
• Where the trial court receives
evidence to determine precisely
whether the accused erred in
admitting his guilt, the manner in
which the plea is made loss legal
significance if the legal
conviction is (independently of
the plea) based on evidence
proving the commission by the
accused of the offense charged.
(People vs. Talusan, 592 SCRA
709)
-­‐ A conviction based on a plea of guilty to
a capital offense had been set only
when such plea was the only basis of
the judgment.
• When the trial court relied on
sufficient and credible evidence
to convict the accused, the same
must be sustained because the
conviction was not based on the
guilty plea of the accused.
(People vs. Ceredon, 542 SCRA
550)
Production or inspection of material
evidence:
-­‐ Rule 116 authorizes the court to issue
an order to the prosecution to produce
and permit the inspection and copying
or photographing of any written
statement given by the complainant and
other witnesses in any investigation of
the offense conducted by the
prosecution or the other investigating
officers, as well as any designated
documents, papers, books, accounts,
letters, photographs, objects, or
tangible things not otherwise,
privileged, which constitute or contain
evidence material to any matter
9
 involved in the case and which are in
the possession or under the control of
the prosecution, police or other law
investigating agencies. (Sec. 10, Rule
116)
-­‐ The production or inspection of material
evidence in possession of the
prosecution shall be allowed upon the
motion of the accused with notice to
the [arties. (Sec. 10, Rule 116)
-­‐ The purpose of this rule is to prevent
surprise, suppression, or alteration of
the evidence. (Sec. 10, Rule 116)

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