Summary - Rule 116-117

RULE 116
Arraignment and Plea

Rule 116

An arraignment is made when the judge or clerk the judge or clerk furnishes the accused with a
copy of the complaint, reads the same in the language which he fully understands and asks him
for his plea. It is mandatory that the accused be present during an arraignment and personally
makes his plea. A plea of not guilty shall be entered for the accused when the accused refuses
to make a plea, makes a conditional plea or presents an exculpatory evidence which will lead to
the withdrawal of his guilty plea.
Should the case be raffled due to preventive detention, the arraignment shall be scheduled
within 10 days from the date of the raffle and a pre-trial conference shall be held within 10 days
after the arraignment. The appearance of the private offended party is also mandatory for plea
bargaining, determination of civil liability and etc. Otherwise, his absence may allow the accused
to enter a plea of guilty to a lesser offense.
Unless provided by special law or Supreme Court circular, the arraignment shall be scheduled
within 30 days from the date the court acquires jurisdiction over the person of the accused.
During the arraignment, the accused may plead guilty to a lesser offense with the consent of the
offended party and the prosecutor. The accused may still enter a plea of guilty to lesser offense
after the arraignment but before trial after his withdrawal of a not guilty plea.
The accused may enter a plea of guilty to capital offense after which the court shall look into his
voluntariness and full comprehension of the repercussions of his plea. In addition, the
prosecution shall be required to prove if and how guilty is the accused of the offense.
Meanwhile, in determining the penalty to be imposed in a plea of guilty to non-capital offense
and reception of evidence discretionary, the court may accept evidences from both parties.

An improvident plea of guilty may be withdrawn at any time before the finality of conviction. In
this case, the guilty plea shall be replaced by a plea of not guilty.
Prior to the arraignment, the accused shall be informed by the court of his right to counsel and
be asked if he wishes to be represented by a legal counsel. The accused may be allowed to
defend himself or to employ a counsel, otherwise, the court shall be responsible for assigning a
counsel de oficio to his case. The appointment of a counsel de officio shall take into
consideration the gravity of the offense and the difficulty of the case. Only qualified and
competent counsels shall be assigned to defend the accused. However, any person or resident
of the province with good reputation and ability to defend the accused may be assigned in case
no such members of the bar are available.
Should a counsel be assigned to defend the accused, a reasonable time before the arraignment
will be provided to consult the accused regarding his plea.

A motion for bill of particulars specifying the defects of the complaint and the details desired
may be filed by the accused to allow for proper plea and preparation for the trial.
After providing good cause and with notice to the parties, the court may require the prosecution
to produce and permit the inspection, copying or photographing of any written statement of
material evidence as well as any other tangible things containing evidence.

Arraignment may be suspended in the following situations:
1. When the accused appears to be incapable of fully understanding the charges against
him and make an intelligent plea;
2. When a prejudicial questions exists; and
3. There is a pending petition for review of the resolution of the prosecutor at the
Department of Justice or office of the president. However, the suspension shall not last
longer than 60 days counted from the filing of the petition.
RULE 117
Motion to Quash
A motion to quash the complaint or information may be filed any time before the accused enters
his plea. The motion shall be made in writing, and signed by the accused or counsel and shall
include distinct factual and legal grounds, which shall be solely considered by the court.
Grounds for the motion to quash may include the facts charged not qualifying as an offense; the
courts lack of jurisdiction over the offense or accused; lack of authority of the officer who filed
the cases; nonconformity of the complaint to the prescribed form; charging of more than one
offense; extinguishment of the criminal action or liability; averments, which may constitute a
legal excuse or justification; and previous conviction or acquittal of the offense charged.
An amendment of complaint of information shall be ordered by the court if the accused moves to
quash the complaint based on an alleged defect of the complaint or on grounds that the facts
do not constitute an offense.
Should the motion to quash is sustained, filing of another complaint may be ordered by the
court. The accused shall remain in custody until the time given for filing another complaint has
lapsed. A sustained motion to quash does not bar another prosecution for the same offense
unless the criminal liability or action has been extinguished or the accused has already been
convicted or acquitted for the same offense.
However, the conviction of the accused shall not hinder prosecution for an offense which
necessarily includes the offense charged in the former complaint during the following situations:
1. Development of graver offense due to supervening of facts or omission resulting to the
former charge;
2. Discovery of facts constituting a graver charged after a plea was entered in the former
complaint.

3. Pleading to the lesser offense was made without the consent of the prosecutor and of the
offended party unless the offended party did not appear during the arraignment.
The case may be provisionally dismissed with the express consent of the accused and notice to
the offended party. Provisional dismissal of offenses punishable by imprisonment for 6 years or
less and or a fine of any amount become permanent 1 year after the issuance of the order
without the case having been revived. Otherwise, the provisional dismissal shall become
permanent 2 years after the issuance of the order without the case being revived.
In case the accused fails to move to quash or allege any ground before he makes a plea to the
complaint or information, any objection based on the above mentioned grounds shall be
deemed waived.

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RULE 116

Arraignment and Plea

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