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Title VII - G. Crimpro - Week 8 - Arraignment, Plea and Pre-Trial - Rule…

- - - - 3. When may accused enter a plea of guilty to a lesser offense
        
        4. Accused pleads guilty to a capital offense, procedure
        
        5. Searching Inquiry
        
        6. Improvident plea
        
        7. Grounds for Suspension of Arraignment
        
        Before Judgment of Conviction
        
        After Judgment of Conviction
        
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        Plea deemed withdrawn, substituted to plea of not guilty.
    - - Court will set the case for arraignment whether or not the accused is under detention or out on bail.
        
        PRESENCE OF THE ACCUSED - Arraignment cannot proceed without the presence of the accused. He must personally be there to enter his plea.
        
        Opinions Before Arraignment and Plea
        
        BILL OF PARTICULARS - Must allege the following
        
        Defects in the complaints or information
        
        Specify the details desired (Rule 116, Sec. 9)
        
        FAILURE TO COMPLY (People v. Jalbuena) - Means that the bill of particulars is a prohibited motion.
        
        Move for suspension of the arraignment (Rule 116 Sec. 11)
        
        (a) Unsound mental condition - can be an indefinite suspension. Here, court orders examination and if necessary confinement.
        
        (b) Prejudicial Question - suspension until resolution of the prejudicial question.
        
        (c) Petition for review - of the resolution of the prosecutor pending at the DoJ or the office of the president. Suspension lasts for 60 days)
        
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        Motion to quash the complaint/information - on any of the grounds under Rule 117 Sec. 3
        
        LEGALITY OF ARREST - Challenge the validity or legality of arrest or warrant or regularity or question the absence of preliminary investigation.
        
        Arraignment Proper
        
        Rule on Continuous Trial - arraignment and pre-trial shall be conducted on the same day.
        
        HOW MADE - Arraignment is made in open court by the judge or clerk furnishing the accused with the copy of the complaint or information, reading the same in the language or dialect known to him, and asking whether he pleads guilty or not guilty. (Rule 116 Sec. 1)
        
        WHEN MADE - 30 days from the date of the filing of the information or from the date the accused appeared before the judge, whichever date last occurs.
        
        Unless a shorter period is provided by a special law or SC circular.
        
        Q. Arraignment after Submission of Case for Decision - Once a trial court has acquired jurisdiction by virtue of arrest or seeking affirmative relief, TC can dispose of case prior to arraignment.
        
        This is subject to the condition that the rights and interests of the accused were not prejudiced by the non-arraignment. (People v. Pangilinan)
        
        WHERE MADE - Before the court where the complaint or information was assigned for trial. (116 S. 1)
        
        Options of the Accused
        
        Plea of guilty - As a rule, a plea of guilt is a judicial confession. Material admission of all the facts alleged.
        
        Capital Offense (People v. Pagal) Court bound to do the ff:
        
        Conduct a searching inquiry,
        
        Require the prosecution to prove the accused's guilt and precise degree of culpability, and
        
        Allow the accused to present evidence on his behalf.
        
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        Non Capital Offense
        
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        Mitigating Circumstance
        
        Plea-Bargaining Agreement (Daan v. Sandiganbayan) - Not a matter of right, up to the sound discretion of the trial court.
        
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        Plea of Not Guilty
        
        WITH PLEA OF GUILT - Shall state if negative or affirmative defense.
        
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        OTHER INSTANCES - These are deemed as pleas of not guilty.
        
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        AMBIGUITY (People v. Strong) - If plea of guilty is ambiguous, should be deemed a plea of not guilty.
        
        EFFECT OF PLEA (People v. Pua) - Cures any defect in the arrest of the accused, deemed as a voluntary submission to the jurisdiction of the trial court.
        
        EVIDENCE - This does not amount to waiver of right to assail inadmissible evidence.
        
        PRESENCE OF THE PARTIES (116 S. 1)
        
        OF THE ACCUSED - Indispensable. Arraignment cannot proceed without the presence of the accused.
        
        OF THE PRIVATE OFFENDED PARTY - Not indispensable. However, may be required to appear at arraignment for the following reasons (116 S. 1)
        
        Plea Bargaining
        
        Determination of Civil liability
        
        Other matters relating to their presence.
        
        RECORD OF ARRAIGNMENT (116 S.1) - Shall be kept, but absence does not affect validity of the proceedings.
      - DUTY OF COURT PRIOR TO ARRAIGNMENT
        
        Inform the accused of right to counsel
        
        Ask him if he desires to have one
        
        Assign a counsel de oficio if none-available or accused not allowed to defend himself
        
        COUNSEL DE OFICIO (RoC 116 Sec. 7) - Members of the bar in good standing. In localities where members of the bar not available, court may appoint any resident of the province and of good repute for probity and ability.
- - - - 3. Pre-Trial Agreement
        
        4. Non-appearance during the pre-trial
        
        5.Pre-trial Order
        
        6.Referral of cases for Mediation and Judicial Dispute Resolution
        
        7. Modes of discovery in criminal cases
        
        8. Judicial Affidavit Rule
        
        e. Copy of the judgment based on compromise is sent to the Philippine Mediation Center (PMC) for statistical purposes. In the criminal cases covered by mediation, where settlement on the civil aspect has been reached but the period of payment in accordance with the terms of settlement exceeds one (1) year, the case may be archived upon motion of the prosecution with concurrence of the private complainant and approval by the judge.
        
        Desistance of the Accused - if the private complainant desists, dismissal of the case is not due to desistance of the complainant per se. However, usually prosecutor chooses to desist because of inability to prove beyond reasonable doubt.
        
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        If there is no settlement reached after the JDR, the judge issues an order returning the case to the Office of the Clerk of Court for raffling and the clerk raffles the case to another judge who will conduct the pre-trial proper and trial, until the case is decided.
        
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        PRE-TRIAL (RULE 118)
        
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