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7.1. ARRAIGNMENT AND PLEA - Coggle Diagram
7.1. ARRAIGNMENT AND PLEA
IN GENERAL
Definition:
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.
Where conducted
Must be made in open court before the court where:
(1) The complaint or Information was filed
(2) The case was assigned for trial
How effected:
(1) Furnishing the accused with a copy of the complaint or information
(2) Reading the same in the language or dialect known to the accused
(3) Asking the accused whether he pleads guilty or not guilty
Appearance requirements
(1) Accused -- must be present at the arraignment and must personally enter his plea
(2) Private offended party -- required to appear for the purposes of plea bargaining, determination of civil liability, and other matters
Effect of private offended party's failure to appear
The court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged in the Information with conformity of the prosecutor alone
Arraignment schedule
(1) If accused is under preventive detention:
His case shall be raffled and records transmitted to the judge within 3 days from filing of Information or complaint
The accused shall be arraigned within 10 days from the date of the raffle
(2) If the accused is not under preventive detention:
His arraignment shall be held within 30 days from the date the court acquires jurisdiction over the person of the accused
Period excluded from arraignment schedule
Time of pendency of a MTQ or Bill of Particulars
Other causes justifying suspension of the arraignment
Waiver of reading of Information
The court may allow the waiver if, upon personal examination of the accused, there is full understanding and consent on the part of the latter and his or her counsel.
The court shall explain the waiver and its full consequences to the accused in a language or dialect known to him before approving the same.
RIGHT TO COUNSEL
Before arraignment, the court shall inform the accused of his right to counsel and ask him if he desires to have one.
MANDATORY Duty of the court when the defendant appears at the arraignment without an attorney
(1) Inform the defendant of his right to have an attorney before being arraigned
(2) Ask the defendant if he desires the aid of an attorney
(3) If he desires and is unable to employ an attorney, the court must assign a counsel de oficio to defend him.
(4) If he desires to procure an attorney of his own, the court must grant him a reasonable time therefor.
PLEA
Kinds of plea
(1) Guilty
(2) Not guilty
(3) Refusal to enter plea -- not guilty
(4) Makes a conditional plea -- not guilty
(5) Guilty but presents exculpatory evidence -- deemed withdrawn and a plea of not guilty shall be entered
Conditional plea
Where an accused admits his guilt either:
(1) Provided a certain penalty is imposed upon him
(2) But bargains for a lesser penalty for each case
Effect of plea of guilt
Capital offense
Requirements
(1) The court must conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea
(2) Prosecution is required to prove the guilt of the accused and his precise degree of culpability
(3) Accused is allowed to present evidence in his behalf
Sentencing hearing
It is MANDATORY for the court to take additional evidence as to the guilt of the accused and the circumstances attendant upon the commission of the crime
Non-capital offense
Effect
Judgment shall immediately be rendered
Sentencing hearing
Reception of evidence is DISCRETIONARY with the court
Withdrawal of plea
"Improvident plea"
made when the accused did not understand fully the meaning of his plea and the import of an inevitable conviction
Failure of the court to conduct a searching inquiry and require presentation of evidence from prosecution
This is a ground to remand the case for rearraignment
GR:
If the conviction is solely based on plea of guilt -- must be set aside on the basis of improvidence of plea
XPN:
Conviction is based on evidence proving the commission by the accused of the offense charged -- conviction shall stand