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For Criminal Procedure Definition: ARRAIGNMENT It means for bringing the accused into court and informing him

m of the nature and cause of the accusation against him. Purpose: ARRAIGNMENT Arraignment is important because it is the mode of implementing the constitutional right to be informed of the nature of the accusation against him, and to fix the identity of the accused. It is not a mere formality, but an integral part of due process, it implements the constitutional right of the accused to be informed and the right to speedy trial. Effect of failure to plea Generally, judgment is void if accused has not been validly arraigned. If accused went into trial without being arraigned, subsequent arraignment will cure the error provided that the accused was able to present evidence and cross-examine the witnesses of the prosecution during trial. Presumed plea of not guilty . !hen accused so pleaded ". !hen he refuses to plead #. !hen he ma$es a conditional or qualified plea of guilt %. !hen the plea is indefinite or ambiguous &. !hen he pleads guilty but presents exculpatory evidence If the accused who pleaded guilty presents exculpatory evidence, his plea of guilty is withdrawn. 'he judge must order the accused to plead again or at least direct that a new plea of (not guilty) be entered for him, otherwise there shall be no standing plea for the accused. 'his is significant because if there is no standing plea, the accused cannot invo$e double jeopardy later on. Is accused re uired to appear! 'he private offended party is required to appear in the arraignment for the purpose of plea bargaining, determination of civil liability and other matters requiring his presence. In case the offended party fails to appear despite due notice, the trial court may allow the accused to plead guilty to a lesser offense necessarily included in the offense charged with the conformity of the trial prosecutor alone.

Definition: P"EA #ARGAINING It is process whereby the accused, the offended party and the prosecution wor$ out a mutually satisfactory disposition of the case subject to the court*s approval. It usually involves the defendant*s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. It precludes the filing and prosecution of the offense originally charged in the information, except when the plea of guilty to a lesser offense is without the consent of the offended party and the prosecutor.

$%at s%ould &udge do! +,'- ./ '01 2.,3' !014 A22,51+ 671A+5 G,I7'- '. A 2A6I'A7 .//14518 . 2onduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea ". 3equire prosecution to present evidence to prove the guilt and precise degree of culpability of the accused #. As$ the accused if he desires to present evidence in his behalf and allow him to do so if he desires Definition: IMPR'(IDENT P"EA It is a plea without information as to all the circumstances affecting it9 based upon a mista$en assumption or misleading information or advice. Rig%t to Counsel %-/.7+ +,'- ./ 2.,3' !014 A22,51+ A661A35 !I'0.,' 2.,45178 . Inform the defendant that he has a right to an attorney before being arraigned ". After informing him, court must as$ the defendant if he desires to have the aid of an attorney #. If he desires but is unable to employ one, the court must assign an attorney de oficio to defend him %. If the accused desires to procure an attorney of his own, the court must grant him reasonable time to do so

: /ailure to comply with this %-fold duty amounts to a violation due process +uring trial, it is the accused who must assert his right to counsel. 'he court will not act unless the accused invo$es his rights. Definition: C')N*E" DE 'FICI' 0e is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself Time to prepare (3easonable 'ime) It depends on the circumstances surrounding the case such as the gravity of the offense, complexity of the allegations, whether a motion to quash or a bill of particulars has to be filed, etc. Generally, reasonable time to prepare for trial is "- & days Generally, reasonably time to prepare for arraignment is #; mins to hour 2ounsel for the accused must expressly demand the right to be given reasonable time to consult with the accused. .nly when so demanded does denial thereof constitute reversible error and a ground for new trial. Production of docs 3ight to <odes of +iscovery 3ight of the accused to move for the production of material evidence in the possession of the prosecution. It authori=es the defense to inspect, copy or photograph any evidence of the prosecution in its possession after obtaining permission of the court. 'he purpose of such right is to prevent surprises to the accused and the suppression or alteration of evidence. *uspension of arraignment allo+ed G3.,4+5 /.3 5,56145I.4 . 'here exists a prejudicial question ". Accused appears to be suffering from an unsound mental condition which renders him unable to understand the charge against him and to plead intelligently thereto. #. 'here is a petition for review

pending before the +.> or .ffice of the 6resident, however the period of suspension shall not exceed ?; days counted from the filing of the petition for review. Definition: M'TI'N T' ,)A*A motion to quash is a hypothetical admission of the facts alleged in the information, hence the court in resolving the motion cannot consider facts contrary to those alleged in the information or which do not appear on the face of the information, except those admitted by the prosecution. A motion to quash @<'AB may be filed by the accused at any time before the accused enters his plea. 'hereafter, no <'A can be entertained by the court. 1C216'I.48 ,nder 5ec. D, 3ule E, which adopts the omnibus motion rule. 'his means that a <'A may still be filed after arraignment on the ground @ Bthat the facts alleged in the information charge no offense, @"Bthat the court has no jurisdiction over the offense charged, @#Bthat the offense or penalty has prescribed, or @%B'hat the doctrine of double jeopardy precludes the filing of the information. Effect if granted . If the ground for the motion is either8 a. /acts charged do not constitute an offense b. .fficer who filed the information had no authority to do so c. Information does not conform substantially to the prescribed form d. duplicitous information 'he court may order that another information be filed or an amendment thereof be made, as the case may be, within a definite period. If such order is not made, or if having been made, another information is not filed within the time specified in the order or within such time as the court may order, the accused, if in custody, shall be discharged therefrom, unless he is also in custody on some other charge. ". If the motion is based on the following grounds8 a. 2riminal action or liability has been extinguished b. Information contains averments which, if true, would constitute a legal excuse or justification c. double jeopardy

'he court must state, in the order granting the motion, the release of the accused if he is in custody or the cancellation of his bond if he is on bail. #. If the ground for the <'A was that the court has no jurisdiction over the offense, the better practice is to forward or remand the case to the proper court, not to quash the complaint or information. Effect if denied . Accused should plead ". Accused should go to trial without prejudice to the special defenses he invo$ed in the motion #. Appeal from the judgment of conviction, if any, and interpose the denial of the motion as an error. Is it appeala.le! 'he order denying the motion to quash is interlocutory and therefore not appealable, nor can it be the subject of a petition for certiorari. An order granting a <'A is appealable, as the proper remedy. 'he accused would not be placed in double jeopardy because the accused has not been arraigned yet. $%en amended info is a matter of rig%t and +%en it is a matter of discretion! A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused. Definition: D')#"E /E'PARD0 4o person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. 'he requirements of double jeopardy are8 . Falid indictment9 ". 2ompetent court9 #. Falid arraignment9 %. Falid plea entered9 &. 2ase is dismissed or terminated without the express consent of the accused

Definition: PR'(*I'NA" DI*MI**A" A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. 'he provisional dismissal of offenses punishable by imprisonment not exceeding six @?B years or a fine of any amount, or both, shall become permanent one @ B year after issuance of the order without the case having been revived. !ith respect to offenses punishable by imprisonment of more than six @?B years, their provisional dismissal shall become permanent two @"B years after issuance of the order without the case having been revived. 31A,I5I'15 63.F5.4A7 +I5<I55A78 . consent of the prosecutor ". consent of the accused #. notice to the offended party If a case is provisionally dismissed, the failure to revive or reinstate the case within the periods set by law will ma$e the dismissal permanent.

E1ception of Failure to MT, A77 '01 G3.,4+5 /.3 A <'A A31 +11<1+ !AIF1+ I/ 4.' 51A5.4AG7- 3AI51+, 1C216'8 . /acts charged do not constitute an offense ". 2ourt trying the case has no jurisdiction over the offense charged #. 2riminal action or liability has been extinguished %. double jeopardy Definition: PRE TRIA"2 Mandatory! Purpose! 'he process whereby the accused and the prosecutor in a criminal case wor$ out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant*s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. 6re-trial is <A4+A'.3- in all criminal cases. 'he court shall after arraignment and within #; days from the time the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for by law, order a pre-trial. Its main objective is to achieve an expeditious resolution of the case. 'he requirements in 5ection " are intended to further safeguard the rights of the accused against improvident or unauthori=ed agreements

or admissions which his counsel may have entered into without his $nowledge Dismissal Ground on *peedy trial Arraignment must be set within #; days from the date the court acquires jurisdiction over the person of the accused, and within the same period, the court must set the case for pre-trial, and within #; days from the receipt of the pre-trial order, the trial must be commenced. 'he remedy of the accused is to file a motion to dismiss the information on the ground of denial of his right to speedy trial. /ailure of the accused to move for dismissal prior to trial shall constitute a waiver of his right to dismiss under this section. 'he dismissal shall be subject to the rules on double jeopardy. 5o if the dismissal is with prejudice, the case cannot be revived anymore. Gut if the dismissal is without prejudice, the revival of the case is proper. $%en co3accused disc%arged as state +itness Any person who has participated in the commission of a crime and desires to be a witness for the 5tate, can apply and, if qualified as determined in this Act and by the +epartment, shall be admitted into the program @to be a state witnessB whenever the following circumstances are present8 . 'he offense in which his testimony will be used is a grave felony as defined under the 3evised 6enal 2ode or its equivalent under special laws9 ". 'here is absolute necessity for his testimony9 #. 'here is no other direct evidence available for the proper prosecution of the offense committed9 %. 0is testimony can be substantially corroborated on its material points9 &. 0e does not appear to be most guilty9 and ?. 0e has not at any time been convicted of any crime involving moral turpitude Effects 'he discharge of an accused to be a state witness amounts to an acquittal and is a bar to future prosecution for the same offense. !here an accused has been discharged to be utili=ed as state witness and he thus testified, the fact that the discharge was erroneous as the conditions for discharge were not complied with did not thereby nullify his being precluded from re-inclusion in the information or from being

charged anew for the same offense or for an attempt or frustration thereof, or for crimes necessarily included in or necessarily including those offense. 1C216'I.458 a. If accused fails or refuses to testify against the co-accused9 b. If he was granted immunity and fails to $eep his part of the agreement, his confession of his participation in the commission of the offense is admissible in evidence against him. E1cluded party 'he court shall order the discharge and exclusion of the said accused from the information. Admission into such 6rogram shall entitle such 5tate !itness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used. Effect of non3appearance in trial 'he non-appearance of the prosecution at the trial, despite due notice, justified a provisional dismissal or an absolute dismissal depending upon the circumstances Definition: TRIA" It is the examination before a competent tribunal according to the laws of the land, of the facts put in issue in a case for the purpose of determining such issue. Period to start and finis% After a plea of guilty is entered, the accused shall have at least days to prepare for trial. &

'he trial shall commence within #; days from receipt of the pre-trial order. 'he trial judge does not lose jurisdiction to try the case after the H;day limit. 0e may, however, be penali=ed with disciplinary sanctions for failure to observe the prescribed limit without proper authori=ation by the 5upreme 2ourt. Continuous trial 'rial once commenced shall continue from day to day as far as practicable until terminated9 but it may be postponed for a reasonable period of time for good cause.

'rial shall in no case exceed H; days from the first day of trial, except as otherwise provided by the 5upreme 2ourt. Duties of la+yer 6,G7I2 A''.341-*5 +,'I158 . 6romptly underta$e to obtain the presence of the prisoner for trial or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right and demand trial. ". ,pon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. If at anytime thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney. #. ,pon receipt of such notice, the public attorney shall promptly see$ to obtain the presence of the prisoner for trial. %. !hen the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purpose of trial, the prisoner shall be made available accordingly.