Crimpro Reviewer.docx

RULE 116 ARRAIGNMENT AND PLEA 

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Arraignment Defined o Arraignment is the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him. Its purpose is to apprise the accused why he is prosecuted by the State. Importance of Arraignment o The procedural due process of mandate of the Constitution requires that the accused be arraigned so that he may be informed as to why he was indicted 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 disprove the evidence against him. How Arraignment is done o The arraignment is made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty. (Sec 1 [a], Rule 116)  The presumption is that a person accused of a crime was duly arraigned in the absence of anything to indicate the contrary. o The accused must be present at the arraignment and must personally enter his plea. It is when the court may acquire jurisdiction over the person of the accused. Need for Arraignment on Amended Information o Where the accused has been already arraigned and subsequently, the information was substantially amended, an arraignment is necessary on the amended information is mandatory because the accused has the constitutional right to be informed of the accusation against him. If he is not arraigned and is convicted under the second information, the conviction constitutes reversible error. Unless the accused had been arraigned and the amendment is only as to form in which case there is no need to retake his plea. o At arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary. (Sec 2, Rule 116) Arraignment after the Prosecution rests, Not prejudicial o The general rule is, arraignment must be made before start of the trial or before the prosecution presents its case. However, arraignment which was made after the prosecution rested its case was considered a non-prejudicial error under the following:  Counsel of the accused failed to object lack of arraignment during trial  Counsel of the accused had full opportunity to cross examine witnesses (People of the Philippines vs. Atienza, G.R. No. L-3001, June 17, 1950; People of the Philippines vs. Cabale, G.R. Nos. 73249-50, May 8, 1990). Accused is not entitled to know in advance the names of ALL Prosecution Witnesses o Section 1 of Rule 116 of the Rules of Court expressly permits the prosecution to present an unlisted witness at the trial and there is nothing in said section which requires the previous consent of the court before the prosecution can present such witness. Moreover, the accused in a criminal prosecution is not entitled to know in advance the names of all the witnesses for the prosecution.  The fact that some of the prosecution witnesses are not listed in the information does not disqualify them from being witnesses. Acquittal despite Plea of Guilty o When an accused pleads guilty, it doesn’t necessarily follow that he is convicted. Additional evidence independent of the guilty plea may be considered by the judge to ensure that the plea of guilt was intelligently made. The totality of evidence should determine whether the accused should be convicted or acquitted. Plea of Guilty to a LESSER OFFENSE o At arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary. (Sec 2, Rule 116) Plea of GUILTY to CAPITAL OFFENSE o When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf. (Sec 3, Rule 116) o The present rules requires proof of the aggravating circumstances, otherwise, there is an improvident plea of guilty SEARCHING INQUIRY o Plea of GUILTY to NON-CAPITAL OFFENSE o Sec 4 of Rule 116 provides, when the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed. Withdrawal of an IMPROVIDENT PLEA o The PLEA OF GUILTY is not a matter of strict right to the accused but of sound discretion to the trial court, and appellate courts shall not interfere with such discretion o Plea of guilty MUST be UNCONDITIONAL Duty of the COURT to inform accused of his right to counsel o Under Section 6 of Rule 116, before arraignment, the court shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend himself in person or has employed a counsel of his choice, the court must assign a counsel de oficio to defend him.

COUNSEL DE OFICIO Counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself.

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PRIVATE PROSECUTOR The role of the private prosecutor is to represent the offended party with respect to the civil action for the recovery of civil liability arising from the offense. His sole purpose is to enforce the civil liability and not to demand punishment of the accused.

COUNSEL DE PARTE An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court. The term implies freedom of choice either on the part of the attorney to decline or accept the employment or on the part of the litigant to continue or terminate the retainer at any time. The right to counsel de parte is not absolute. This right may be waived provided that such waiver is not contrary to law, public order, public policy, morals or good customs and that it is not prejudicial to a third person with a right recognized by law and that it is unequivocally, knowingly and intelligibly made.

Yes. The right to counsel may be waived by the accused BUT the waiver must be clear, intelligent and competent. (People vs. Ben, L-8320, Dec. 20, 1955) In People v. Del Castillo, the court also emphasized that this right may be waived but to insure that the waiver is voluntary and intelligent, the waiver must be in writing and in the presence of the counsel of the accused. o Note: The right to a competent and independent counsel is one of the rights of the accused guaranteed under Sec. 12(1) of Art. III of the Constitution. o It can be waived when the accused voluntarily submits himself to the jurisdiction of the court and proceeds with his defense. The accused may defend himself in person only if the court is convinced that he can properly protect his rights even without the assistance of counsel. The defendant cannot raise the question of his right to have an attorney for the first time on appeal. o

A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed. It is incumbent upon the court to determine the penalty to be imposed in the course of the trial.

RULE 117 MOTION TO QUASH 

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Form and Contents o The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged. (Sec. 2, Rule 117) o QUASHAL: To annul, vacate, overthrow Grounds: o That the facts charged do not constitute an offense; o That the court trying the case has no jurisdiction over the offense charged; o That the court trying the case has no jurisdiction over the person of the accused; o That the officer who filed the information had no authority to do so; o That it does not conform substantially to the prescribed form; o That more than one offense is charged except when a single punishment for various offenses is prescribed by law; o That the criminal action or liability has been extinguished; o That it contains averments which, if true, would constitute a legal excuse or justification; and o That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.  The lack of Preliminary Investigation is not a ground for quashal Amendment of complaint or information o If the motion to quash is based on an alleged defect of the complaint or information which can be cured by amendment, the court shall order that an amendment be made. (4a) If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given by the court an opportunity to correct the defect by amendment. The motion shall be granted if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment. o It is the duty of the court when objections are made to a complaint, to cause it to be corrected or to direct a new complaint to be filed and the trial recommenced o