RULE 116:

ARRAIGNMEN
T AND PLEA

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ARRAIGNMENT

An arraignment is that stage where the accused is formally

informed of the charges against him, to which he enters a
plea of guilty or not guilty.

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PLEA

A formal statement by or on behalf of

a defendant or prisoner, stating guilt or innocence in
response to a charge, offering an allegation of fact, or
claiming that a point of law should apply.

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PURPOSE OF ARRAIGNMENT
An accused may be f u l l y i n f o r m e d a s t o w h y h e w a s
charged and what penal offense he has to face, to
be convicted only on showing that his guilt is
shown beyond reasonable doubt with full
opportunity to fully know the precise charge that
confronts him and made fully aware of possible
loss of freedom, even of his life, depending on
t he na t ure of t he c rim e i mput e d t o hi m . (Enri l e v.
People, GR No. 213455)

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ARRAIGNMENT SHOULD
BE…
a. In open court
b. By the judge or clerk
c. By furnishing the accused with a copy of the complaint or
information
d. In a language or dialect known to the accused
e. Asking the accused whether he pleads guilty or not guilty
f. Within 30 days from the date the court acquires jurisdiction over
the person of the accused

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 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 under RA 7610 (Child Abuse Act), the trial
shall be commenced within 3 days from arraignment

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 Notes:
1. it can be presumed that a person
accused of a crime was arraigned, in
a b s e n c e o f p r o o f o f t h e c o n t r a r y.
2. The court may validly enter a plea of
guilty for the accused who refuses to
plead.

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Plea of Guilty to a Lesser Offense

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PLEA BARGAINING

- process in criminal cases whereby the accused and

the prosecution work out a mutually satisfactory
disposition of the case subject to court approval. It
u s u a l l y i n v o l v e s t h e d e f e n d a n t ’s p l e a d i n g g u i l t y t o a
lesser offense 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.

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REQUISITES OF PLEA BARGAINING

1 . C o n s e n t o f t h e o ff e n d e d p a r t y
2. Consent of the prosecutor
3 . P l e a o f g u i l t s h o u l d b e t o a l e s s e r o ff e n s e
w h i c h i s n e c e s s a r i l y i n c l u d e d i n t h e o ff e n s e
c h a rg e d .

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Plea of Guilty to a Capital Offense

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 The Court…
1. Conducts a searching inquiry into the
voluntariness and full comprehension of the
consequences of the plea
2. Requires the prosecution to present evidence to
prove the guilt and the precise degree of
culpability of the accused for the purpose of
imposing the proper penalty
3. Asks the accused if he desires to present
evidence in his behalf and allow him to do so if he
desires

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 SEARCHING INQUIRY

- informing cursorily the accused that he faces jail term, the exact length of
imprisonment under the law and the certainty that he will serve time at the
n a t i o n a l p e n i t e n t i a r y o r a p e n a l c o l o n y.

Searching inquiry must focus on the voluntariness of the plea and the complete
comprehension of the legal effects of the plea so that the plea of guilt can be
truly said as being based on a fee and informed judgment.

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Withdrawal of Improvident Plea of
It is a plea involuntarily made and is without consent.

Guilty It would be considered as an improvident plea if there

w a s a f a i l u r e t o c o n d u c t s e a r c h i n g i n q u i r y, f a i l u r e o f
prosecution to present evidence, or if there is no
rational basis between testimony and guilt.

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Plea of Guilty to a Non- Capital
The court may receive and consider
Offense evidence from the parties for the purpose
only of determining the penalty to be
imposed.

Reception of evidence in this case is not

m a n d a t o r y b u t d i s c r e t i o n a r y.

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 REMEDIES TO CHALLENGE A
GUILTY PLEA

1. M o t i o n to wi t h d r a w the plea before

rendition of judgment.
2. M o t i o n f o r n e w t r i a l after rendition of
judgment.

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DUTY OF THE COURT
TO INFORM THE
ACCUSED OF HIS
RIGHT TO COUNSEL

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 FOUR-FOLD DUTY OF THE COURT

1. It must inform the defendant that it is his right to have an attorney before
being arraigned.
2. After giving him such information, the court must ask him if he desires the
a i d o f a n a t t o r n e y.
3. I f h e d e s i r e s a n d i s u n a b l e t o e m p l o y a n a t t o r n e y, t h e c o u r t m u s t a s s i g n a
counsel de oficio to defend him.
4. If the accused desires to procure an attorney of his own, the court must
g r a n t h i m a r e a s o n a b l e t i m e t h e r e f o r.

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 Note:
The court can appoint as counsel de oficio
such members of the bar in good standing
who, by reason of their experience and
a b i l i t y, c a n c o m p e t e n t l y d e f e n d t h e a c c u s e d .
Appointed counsel must be given a
reasonable time to consult with the accused
before proceeding with the arraignment.

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 Bill of Particulars
- further specification of the charges or claims in an
action, which an accused may avail of by motion before
arraignment, to enable him to properly plead and
prepare for trial.

- shall specify the alleged defects of the complaint or

information and the details desired.

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Production or Inspection of Material
Evidence in Possession of Prosecution
The accused has the right to move for production or
inspection of material evidence in the possession of the
prosecution. It authorizes the defense to inspect, copy
or photograph any evidence of the prosecution in its
possession after obtaining the permission of the court.

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Suspension of Arraignment

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 GROUNDS:
U p o n m o t i o n b y t h e p r o p e r p a r t y, t h e a r r a i g n m e n t s h a l l b e s u s p e n d e d i n t h e f o l l o w i n g
cases:
1. 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 valid prejudicial question;
3. A petition for review of the resolution of the prosecutor is pending.

The period of suspension shall not exceed sixty (60) days counted from the filing of
the petition with the reviewing office.

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 THANK YOU.

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