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7.2. ARRAIGNMENT AND PLEA - Coggle Diagram
7.2. ARRAIGNMENT AND PLEA
CAUSES OF DELAY
SUSPENSION OF ARRAIGNMENT
How is arraignment suspended?
Upon motion by the proper party
Grounds for suspension of arraignment
Unsound mental condition of the accused
Existence of a prejudicial question
Pendency of a petition for review of the prosecutor's resolution
Test to determine soundness of mind
(1) Whether the defendant is sufficiently coherent to provide his counsel with information necessary or relevant to constructing a defense (between defendant and counsel)
(2) Whether he is able to comprehend the significance of the trial and his relation to it (between defendant and court)
Requisites for a civil case to be considered prejudicial to a criminal case as to cause suspension
(1) The civil case involves facts intimately related to those upon which the criminal prosecution would be based
(2) In the resolution of the issue raised in the civil action, the guilt or innocence of the accused would necessarily be determined
(3) jurisdiction to try said question must be lodged in another tribunal
"Petition for Review"
It is an appeal from the resolution of the Chief State/Regional State/Provincial/City prosecutor in cases subject of PI/reinvestigation.
Period of suspension
Petition for review is a ground for suspension of arraignment for a period of 60 days, reckoned from the filing of the petition with the reviewing office.
How to cause suspension on ground of Petition for Review
Move for suspension of arraignment orally
Give a copy of the appeal bearing the stamped date of receipt by DOJ
Under the Revised Guidelines
Motions to suspend arraignment on grounds other than those in Rule 116, Sec. 11 are PROHIBITED PLEADINGS.
ARCHIVING OF CASES
A criminal case shall be archived only if, after the issuance of the warrant of arrest, the accused remains at large for 6 months from the delivery of the warrant to the proper peace officers.
Cases that would be archived when proceedings are ordered suspended for an indefinite period for the following grounds:
Accused is suffering from an unsound MENTAL condition
A PREJUDICIAL QUESTION in a civil action is invoked during the pendency of the criminal case
An INTERLOCUTORY ORDER or incident in the criminal case is elevated for an indefinite period before a higher court which has issued a TRO/WPI
The Accused JUMPED BAIL before arraignment and cannot be arrested by the bondsman
DEFENSE ATTORNEY TACTICS
PLEA BARGAINING
When made:
GR: During pre-trial
At arraignment -- plead guilty to a lesser offense which is necessarily included in the offense charged
After arraignment but before trial -- plead guilty to said lesser offense after withdrawing his plea of not guilty
Requisites for plea bargaining
(1) Made with the consent of the offended party and the prosecutor
(2) The plea of guilt should be to a lesser offense which is necessarily included in the offense charged
Matter of discretion
The acceptance of an offer to plead guilty to a lesser offense is not demandable as a matter of right, it is left to the discretion of the trial court.
Estipona v. Lobrigo
Plea bargaining is now allowed in drug related cases
However, a drug dependency report is a condition sine qua non for the prosecution's consent to plea bargaining
PRODUCTION OR INSPECTION OF MATERIAL EVIDENCE
Refers to the right of the accused to move for production or inspection of material evidence in the possession of the prosecution
Conditions for the grant of this mode of discovery
Motion showing good reasons for grant with notice to all parties
Documents sought to be produced must be:
(1) Material to a matter involved in the case
(2) In possession or control of the prosecutor, police, or other law investigation agencies
(3) not privileged
In case of refusal to comply
Rule 29, Sec. 3 of the Rules on Civil Procedure will apply suppletorily.
BILL OF PARTICULARS
When to file Motion for a Bill of Particulars
Before arraignment
"Bill of Particulars"
It is the further specification of the charger or claims in an action, which an action may avail of
Function
To guard against surprises during trial
It cannot be used to furnish the accused with evidence of the prosecution
REMEDIES TO CHALLENGE PLEA OF GUILT
Available remedies
File a Motion to Withdraw the plea BEFORE rendition of judgment
File a Motion for new trial AFTER rendition of judgment