crimpro report - rule 116 (2)

8/10/2019 Crimpro Report - Rule 116 (2)

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RULE 116

ARRAIGNMENT AND PLEA



ARRAIGNMENT- the proceeding in a criminal case, whoseobject is:1. To fix the identity of the accused2. To inform him of the charge (nature andcause)3. To give him opportunity to plead4. Or to obtain from the accused his plea tothe information

*It is at this phase where issues are joined,although, technically, is not part of the trial.



BORJA VS MENDOZA"Arraignment is an

indispensable requirement inany criminal prosecution."Procedural due processdemands no less.



Arraignment, Where and Howmade:

1. Before an open court where the complaint orinformation was filed or assigned for trial

a. Not in the Municipal Trial Court where theaccusatory pleading was filed for preliminaryinvestigation

b. There can be a closed door trial in cases of:- Rape- Child abuse

2. By the judge or clerk of court



3. By furnishing the accused with a

copy of the complaint or informationa. With the list of witnesses

b. The prosecution may call at thetrial witnesses other than thosenamed in the complaint orinformation



i. Reason:- Presentation of witnesses against the

accused is at the sound discretion of thefiscal

- Disclosure of witness might lead tothreats or danger to the life of suchwitness

ii. But the accused will still know theidentity of the witness against him whenthey take stand



PEOPLE VS MARASIGAN

The appellant alleges that the trial courterred in making its findings withouttaking into account the fact that to prove

the allegations in the information, theprosecution presented the testimony oftwo relatives of the deceased, and did

not summon the following disinterestedpersons, who, according to theprosecution itself, were eyewitnesses of

the incident.



But the court held that when an act has beenwitnessed by several persons, the

prosecution is not obliged to present all suchwitnesses, but only a sufficient to prove theoccurrence of the alleged act. that when

proof is suppressed it shall be deemed to beunfavorable to the party suppressing it, doesThe presumption prescribed by paragraph 5of section 334 of the Code of CivilProcedure, to the effect not arise from themere fact that the prosecution fails topresent all the eyewitnesses to an act.



4. Reading it in a language or dialectknown to the accused

5. Asking him whether he pleads guiltyor not guilty

6. Both arraignment and plea shall bemade of record but failure to do shallnot affect the validity of proceedings(Presumption of valid arraignment)



When arraignment is held within ashorter periodGeneral Rule: (sec.7 of RA 8493, SpeedyTrial Act; Sec.1(g) of Rule 116)

The arraignment of an accused shall beheld within thirty (30) days from the filingof the information, or from the date the

accused has appeared before the justice, judge or court in which the charge ispending, whichever date last occurs.



Exceptions: Unless a shorter period isprovided by special law or Supreme

court circular1. When an accused is under preventivedetention ((e), sec.1 Rule 116)

a. within 3 days from filing of the informationi. His case shall be raffledii. And its records transmitted to the judge to

whom the case was raffledb. within 10 days

i. period of arraignment from date of raffleii. period of pre-trial after arraignment



2. When the complainant is about to departfrom the Philippines with no definite date ofreturn (RA 4908)

a. The trial in these cases shall commencewithin three days from the date theaccused is arraigned and nopostponement of the initial hearing shall begranted except on the ground of illness onthe part of the accused, or other groundsbeyond the control of the accused.



3. Cases under RA 7610 (sec.30 of Child Abuse act), the trialshall commence within 3 daysfrom arraignment.



4. Cases under Dangerous Drug Act (sec 90 ofRA 9165)

- When the preliminary investigation isconducted by a public prosecutor and a probablecause is established, the correspondinginformation shall be filed in court within twenty-four (24) hours from the termination of theinvestigation. If the preliminary investigation isconducted by a judge and a probable cause is

found to exist, the corresponding informationshall be filed by the proper prosecutor withinforty-eight (48) hours from the date of receipt ofthe records of the case.



Trial of the case under this Section

shall be finished by the court notlater than sixty (60) days from thedate of the filing of the information.Decision on said cases shall berendered within a period of fifteen

(15) days from the date ofsubmission of the case forresolution.



5. Cases under ADMINISTRATIVECIRCULAR NO. 104-96:a. Kidnapping,b. Robbery,

c. Carnapping,d. Dangerous drug casese. Heinous crimes,f. Intellectual property rightsviolationg Libel



The cases referred to herein shall

undergo mandatory continous trialand shall be terminated within sixty[60] days from commencement ofthe trial. Judgment thereon shall berendered within thirty [30] days from

submission for decision unless ashorter period is provided by law orotherwise directed by this Court.



Rules on ArraignmentGeneral Rule:1. Arraignment must be made beforethe start of trial or before theprosecution presents its case.2. No valid judgment can be renderedupon an invalid arraignment3. As earlier discussed, it cannot bemade as a condition for the grant of

bail.



PLEApertains to the matter whichthe accused, on hisarraignment, alleges in

answer to all the chargeagainst him.



Presence of the offendedparty in the arraignment shallbe required for purposes of:

1. Plea Bargaining2. Determination of civilliability3. Other matters requiring hispresence



Question to be answered bythe accused:

Did you commit the offensecharge in the complaint orinformation?



Kinds1. Plea of guilty2. Plea of not guilty



Period to plea1. When the accused is underpreventive detention ((e)sec.1

Rule 116)

2. When the accused is notunder preventive detention ((g)sec.1 Rule 116)



Effects of PleaGeneral Rule: An unqualifiedplea constitutes an admission ofall the material facts alleged inthe information.

- People vs Marquez- Zacarias vs Cruz



Exception: The plea of guiltyis sufficient to sustain theconviction.1. Conclusions of factsPeople vs Venus

2. Mere conjecturesPeople vs Serrano



3. Where in admitting the actcharged, he sets up matters ofdefense or with lawful justification.

A. An admission of certain factdoes not amount to plea of guiltyB. Admits truth of some or all but

sets up new facts which if provenwould exempt or relieve him in whole

or part



4. When he enters a conditional

plea of guilty.a. The accused admitsprovided a certain penalty beimposed upon him (People vs DeLuna)

5. When the plea is indefinite orambiguous



SECTION2. PLEA OFGUILTY TO A LESSEROFFENSEWHEN TO ENTER PLEA

• PLEA TO LESSER OFFENSEDURING ARRAIGNMENT



Requisites1. Consent of the OffendedParty and Prosecutor.

2. The lesser offense to which

the accused pleads isnecessarily included in theoffense charged.



PEOPLE VS MAGAT

The order of the trial court convicting theaccused-appellant on his own plea of guiltis void ab initio on the ground thataccused-appellant's plea is not the pleabargaining contemplated and allowed bylaw and the rules of procedure. The onlyinstance where a plea bargaining isallowed under the Rules is when anaccused pleads guilty to a lesser offense.



It must be emphasized that accused-appellant did not plead to a lesser offensebut pleaded guilty to the rape charges andonly bargained for a lesser penalty. Inshort, as aptly observed by the SolicitorGeneral, he did not plea bargain but madeconditions on the penalty to be imposed.This is erroneous because by pleadingguilty to the offense charged, accused-appellant should be sentenced to thepenalty to which he pleaded.



•PLEA TO LESSER OFFENSE AFTER ARRAIGNMENT BUT BEFORE TRIAL

Requisites:1. Withdrawal of previousplea of NOT GUILTY.

Note: No amendment to the complaintor information is necessary.



•PLEA TO LESSER OFFENSE AFTER TRIAL HAS BEGUN

Requisites:1. Consent of the OffendedParty and Prosecutor2. Prosecution does not have

sufficient evidence to establish guiltof the accused for the crime charge.



PEOPLE VS MAMARION

It is immaterial that said plea wasnot made during the pre-trial stageor that it was made only after theprosecution already presentedseveral witnesses. The private

respondent (accused) moved toplead guilty to a lesser offense afterthe prosecution had already rested

its case



In such situation, jurisprudencehas provided the trial court andthe Office of the Prosecutorwith a yardstick within whichtheir discretion may be

properly exercised.



SECTION3. PLEA OF GUILTYTO CAPITAL OFFENSE;RECEPTION OF EVIDENCE

RATIONALE: To avoid the improvident

pleas of guilt on the part of the accusedwhere the grave crimes are involvedsince he might be admitting his guilt

before the court and thus forfeit his lifeand liberty without fully understood themeaning, significance and consequences

of his plea.



DUTY OF THE COURT WHEN ACCUSED PLEADS GUILTY TO ACAPITAL OFFENSE:

CONDUCT A SEARCHING INQUIRYINTO THE VOLUNTARINESS ANDFULL COMPREHENSION OF THECONSEQUENCES OF THE PLEA



PEOPLE VS IBAÑESThe trial court failed to take necessary stepsto assure itself that the plea of guilty was notimprovidently entered, that is, with fullknowledge of the meaning, significance andconsequences of his act, especiallyconsidering that he had twice beforepleaded not guilty. All the court did was toremind the appellant that "this is a case ofrobbery with homicide and rape" and toinform him that "(T)he least that you can getis the electric chair."



PEOPLE VS ERNAS

The trial court erred in believing that thequestions propounded to the appellantand the latter’s answers as well as the

documentary exhibits offered by thePeople would aid it in determiningwhether the accused really and truly

understood and comprehended themeaning, full significance andconsequences of his plea.



PEOPLE VS PASTORProper Conduct of “Searching Inquiry” 1. Ascertain from the accused thefollowing:

a. How he was brought into the custody ofthe law.b. Whether he had the assistance of a

competent counsel during preliminary andcustodial investigation.c. Under what conditions he was detained

and interrogated during the investigations.



2. Consequences explained by

Counsel.3. Profile of the Accused.4. Length of Imprisonment.5. Precise nature of the offensecharged.6. All questions posed should be inlanguage known to him.7. Satisfaction of Judge – Narration



REQUIRE PROSECUTION TOPRESENT EVIDENCE TO PROVETHE GUILT AND PRECISE DEGREEOF CULPABILITY OF THE ACCUSED



PEOPLE VS ERNASThe presentation of evidence should be

required in order to preclude any room forreasonable doubt in the mind of the trial court, orthe Supreme Court on review, as to thepossibility that there might have been somemisunderstanding on the part of the accused asto the nature of the charge to which he pleadedguilty, and to ascertain the circumstances

attendant to the commission of the crime which justify or require the exercise of a greater orlesser degree of severity in the imposition of theprescribed penalties.



PEOPLE VS DE LUNAThe rule is mandatory. After the plea ofguilty in capital offenses, it is imperativethat the trial court requires thepresentation of evidence for theprosecution to enable itself to determinethe precise participation and the degreeof culpability of the accused in theperpetration of the capital offensecharged.



PEOPLE VS VILLACORES

The evidence of the prosecutionshould be presented after the

arraignment. The judgment shouldbe promulgated after the fiscal haspresented its evidence and after

the trial court has ascertained thatthe defense is not presenting anyevidence.



PEOPLE VS BALISACAN

However, the defendant, afterpleading guilty, may not presentevidence as would exenorate himcompletely from criminal liability suchas proof of self defense.



SECTION4. PLEA OF GUILTY TO ANON-CAPITAL OFFENSE

• The court may receive evidence from the parties todetermine the penalty to be imposed. [Rule 116,Sec. 4]

For non-capital offenses, the reception of evidenceis merely discretionary on the part of the court. If theinformation or complaint is sufficient for the judge to

render judgment on a non-capital offense, he maydo so. But if the case involves a capital offense, thereception of evidence to prove the guilt and degreeof culpability of the accused is mandatory.



• It is sufficient to sustain a convictionwhen formally and knowingly andvoluntarily entered into. [People v. Acosta(1956)]



• General rule: It is a judicial confession of guilt sothere is no need for additional evidence. [People v.Flores (2000)]• Exception: 1) If the information did not allege all the elements ofthe crime charged. (US vs Santiago)

2) If the information charges a capital offense. [Rule116, Sec. 5]3) If the plea of guilt was conditional. [Rule 116, Sec.1(c)]

Accused must be acquitted when evidence allowedto be presented to determine penalty shows that heis not guilty.



SECTION5. IMPROVIDENT PLEA• Definition: Plea without proper informationas to all the circumstances affecting it; basedupon a mistaken assumption or misleadinginformation/advice. [Black’s Law Dictionary]

• It should not be accepted. If accepted, it

should not be held to be sufficient to sustain aconviction. [People v. De Ocampo Gonzaga(1984)]

INSTANCES OF IMPROVIDENT



INSTANCES OF IMPROVIDENTPLEA

1. Plea of guilty was compelled byviolence or intimidation2. Accused did not fully understand themeaning and consequences of his plea3. Insufficient information to sustainconviction of the offense charged4. Information does not charge an offense5. Court has no jurisdiction



WHEN WITHDRAWAL OF PLEA IS ALLOWED [Rule 116, Sec. 2 and 5]•Substitution by plea of not guilty may be permitted anytimebefore the judgment of conviction becomes final.

When Improvident Plea may be Withdrawn At any time before judgment of conviction becomes final, thecourt may permit and improvident plea of guilty to bewithdrawn and be substituted by a plea of not guilty

• The substitution is not a matter of a strict right. It isdiscretion justified by some compelling reason such haserror, fraud, illegality or manifest injustice. [People v.Mendoza (1982)]



REASONS TO GRANT CHANGE• The accused is ignorant of the law and hashad no education and pleaded guilty withoutfull knowledge of its consequences.

• The accused did not thoroughlyunderstand the complaint.

• The accused was not advised as to themeaning and effect of the technicallanguage.



PROCEDURAL AND SUBSTANTIALREQUIREMENTS IN THE GRANT OF A CHANGE

OF PLEA [People v. Mendoza (1982)]• Withdrawal need not be verified, but it should have arational basis.

• Motion for change of plea should be set for hearing .

• Prosecution should be heard on the motion .

• The court should state the reasons for setting aside(or not setting aside) the judgment of conviction and forpermitting (or not permitting) the accused to substitutea plea of not guilty for his plea of guilty.



SECTION6. DUTY OF COURT TOINFORM ACCUSED OF HIS RIGHT TOCOUNSEL

• Before arraignment, the court shallinform the accused of his right to counseland ask him if he desires to have one.Unless the accused is allowed to defendhimself in person or has employedcounsel of his choice, the court mustassign a counsel de officio to defend him.

COURT’ FOUR IMPORTANT DUTY TO



COURT’ FOUR IMPORTANT DUTY TOCOMPLY:1. MUST INFORM THE ACCUSED THAT IT IS HISRIGHT TO HAVE AN ATTORNEY BEFORE BEING

ARRAIGNED2. AFTER GIVING HIM SUCH INFORMATION, THE

COURT MUST ASK HI IF HE DESIREA THE AIDOF AN ATTORNEY3. IF HE DESIRES AND IS UNABLE TO EMPLOY

AN ATTORNEY, THE COURT MUST ASSIGN AN

ATTORNEY DE OFFICIO TO DEFEND HIM4. IF THE ACCUSED DESIRES TO PROCURE AN ATTORNEY OF HIS OWN THE COURT MUSTGRANT HIM A REASONABLE TIME THEREOF



PEOPLE VS HOLGADOFacts: Appellant Frisco Holgado was chargedin the court of First Instance of Romblon withslight illegal detention because according tothe information, being a private person, he did

"feloniously and without justifiable motive,kidnap and detain one Artemia Fabreag in thehouse of Antero Holgado for about eight hoursthereby depriving said Artemia Fabreag of herpersonal liberty. He pleaded guilty (without acounsel) and said that he was just instructedby Mr. Ocampo, which no evidence waspresented to indict the latter.



Issue: Whether or Not there

was any irregularity in theproceedings in the trial court.

Held: Yes Rules of Court states that : “If the



Held: Yes. Rules of Court states that : If thedefendant appears without attorney, he must beinformed by the court that it is his right to haveattorney being arraigned., and must be asked if hedesires the aid of attorney, the Court must assignattorney de officio to defend him. A reasonable time

must be allowed for procuring attorney.” This wasviolated. More so the guarantees of our Constitutionthat "no person shall be held to answer for acriminal offense without due process of law", and

that all accused "shall enjoy the right to be heard byhimself and counsel." In criminal cases there can beno fair hearing unless the accused be given theopportunity to be heard by counsel.



WAIVER OF RIGHT TO COUNSEL

THE UNITED STATES VS GO-LENGFACTS: An internal-revenue agent went tothe defendant's house and found in variousplaces therein two little cans and a small

horn jar, all containing opium; another smalltin with about 50 grams of opium ashes;scales for weighing opium; a pan for cookingthe said drug, and two small lamps such as

are used in smoking opium. This facteffectively sustains the finding in the judgment appealed from as to thedefendant's guilt.



Counsel for the defense alleges

that the trial court obliged thedefendant to stand trial without theassistance of an attorney, andrefused to allow his request fortime to procure such counsel for

his defense; this, he alleges, is anerror that affects the essentialrights of the defendant.



ISSUE: Whether or not the

court violated the right tocounsel of the accused.



*But in localities where such

members of the bar are notavailable, the court may

appoint any person, resident ofthe province and of goodrepute for probity and ability, todefend the accused.

TEOFILO PAAR VS FORTUNATO V



TEOFILO PAAR VS FORTUNATO V.BORROMEO, ET AL.

Teofilo Paar is charge in Manila withtreason before the People's Court,

and prayed that he be assisted in hisdefense by Andres R. Camasura whois not a member of the bar. The

People's Court denied the petition,hence, he filed an action formandamus.

Conversely where there are duly



Conversely, where there are dulyauthorized members of the Bar available

in the place where the proceedings arebeing conducted, like in the City ofManila, the court may not appoint a non-

lawyer as counsel for the accusedIt is clear form these provisions that in

Manila where there are many members ofthe bar, defendants in the People's Courtmay be assisted only by members of the

bar Petition denied without costs

SECTION8 TIME FOR COUNSEL DE



SECTION8. TIME FOR COUNSEL DEOFFICIO TO PREPARE FOR

ARRAIGNMENTWhenever a counsel de oficio isappointed by the court to defend theaccused at the arraignment, he shall begiven a reasonable time to consult withthe accused as to his plea beforeproceeding with the arraignment.



Time to prepare forarraignmentrequires a reasonable time toconsult with the accused as tohis plea.



Reasonable timeDepends upon the circumstancessurrounding the case like the gravity

of the offense, complexity of theallegations in the complaint orinformation, whether a motion to

quash or a bill of particulars has tobe filed, and other similarconsiderations.



SECTION9. BILL OF PARTICULARS

The accused may, beforearraignment, move for a bill ofparticulars to enable him properly toplead and prepare for trial. Themotion shall specify the alleged

defects of the complaint orinformation and the details desired.



What is a bill of particulars?It is a more specific allegation. Adefendant in a criminal case who believesor feels that he is not sufficiently informedof the crime with which he is charged andnot in a position to defend himselfproperly and adequately could move for abill or particulars or specifications.

Wh i h f bill f



What is the purpose of a bill ofparticulars?

It is to allow the accused toprepare for his defense.

When can the accused move



When can the accused movefor a bill of particulars?

The accused must move for a bill

of particulars before arraignment.Otherwise, the right is deemedwaived.



What should be contained in the

motion for a bill or particulars?It should specify the allegeddefects of the complaint orinformation and the details

desired

SECTION10. PRODUCTION OR



SECTION10. PRODUCTION ORINSPECTION OF MATERIAL

EVIDENCE IN POSSESSION OFPROSECUTIONUpon motion of the accused showinggood cause and with notice to the parties.- In order to prevent surprise, suppression oralteration of any written statements given bythe complainant or other witnesses in anyinvestigation conducted by the prosecutionor other investigating officers.



- Any designated documents, papers, books,accounts, letters, photographs, objects ortangible things not otherwise privileged, whichconstitute or contain evidence material to any

matter in the case, which are in thepossession or under the control of theprosecution, police, or other law investigatingagencies.



Limitations:

- Must be anchored on justifiable

grounds.- Cannot be resorted to as proceduraldevice in order to fish for evidence orto compel disclosure of privilegedmatters.

CRUZ VS PEOPLE



CRUZ VS PEOPLE

It is true that the granting ofpermission lies within the discretionof the court. However, respondent

court in this case has failed tosufficiently justify its refusal to havethe records of the preliminaryinvestigation produced before it sothat petitioner may use them for hisdefense.



SECTION11. SUSPENSION OF ARRAIGNMENT

1. When the defendant is of unsound mind

at the time of the arraignment.2. When a prejudicial question exists.3. When a petition for review of theresolution of the prosecutor is pending ateither the Department of Justice or theOffice of the President.

When arraignment may be suspended

SAMSON VS DAWAY



SAMSON VS DAWAYWhile the pendency of a petition for reviewis a ground for suspension of thearraignment, the aforecited provision limitsthe deferment of the arraignment to a periodof 60 days reckoned from the filing of thepetition with the reviewing office. It follows,therefore, that after the expiration of saidperiod, the trial court is bound to arraign theaccused or to deny the motion to deferarraignment

crimpro report - rule 116 (2)

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