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

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presents exculpatory evidence If the accused who pleaded guilty presents exculpatory evidence, his plea of guilty is withdrawn.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.

.'. Inform the defendant that he has a right to an attorney before being arraigned ". A 2A6I'A7 .. 2onduct a searching inquiry into the voluntariness and full comprehension of the consequences of the plea ".3' !014 A22. Rig%t to Counsel %-/.' 2. 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. 3equire prosecution to present evidence to prove the guilt and precise degree of culpability of the accused #. If he desires but is unable to employ one.• Definition: P"EA #ARGAINING It is process whereby the accused. except when the plea of guilty to a lesser offense is without the consent of the offended party and the prosecutor. If the accused desires to procure an attorney of his own. After informing him. the court must assign an attorney de oficio to defend him %.. the offended party and the prosecution wor$ out a mutually satisfactory disposition of the case subject to the court*s approval..'./ '01 2.45178 .I7'. the court must grant him reasonable time to do so • • . 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. It precludes the filing and prosecution of the offense originally charged in the information.51+ A661A35 !I'0.//14518 ... • $%at s%ould &udge do! +.7+ +. court must as$ the defendant if he desires to have the aid of an attorney #.'.51+ 671A+5 G.3' !014 A22./ 2.

'here exists a prejudicial question ".4+5 /. complexity of the allegations. • 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. . • 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. mins to hour 2ounsel for the accused must expressly demand the right to be given reasonable time to consult with the accused. whether a motion to quash or a bill of particulars has to be filed. reasonably time to prepare for arraignment is #.3 5. 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. reasonable time to prepare for trial is ".& days Generally. #.: /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. 'here is a petition for review • .4 . 'he court will not act unless the accused invo$es his rights. etc.nly when so demanded does denial thereof constitute reversible error and a ground for new trial. It authori=es the defense to inspect. Generally. 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.56145I. • *uspension of arraignment allo+ed G3.

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

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

consent of the prosecutor ". 6re-trial is <A4+A'. 'he court shall after arraignment and within #. consent of the accused #. 1C216'8 . notice to the offended party If a case is provisionally dismissed. 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.' 51A5.3AI51+.• 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. shall become permanent one @ B year after issuance of the order without the case having been revived.I5I'15 63.F5.4+5 /.3 A <'A A31 +11<1+ !AIF1+ I/ 4. 'he provisional dismissal of offenses punishable by imprisonment not exceeding six @?B years or a fine of any amount. 2riminal action or liability has been extinguished %. 2ourt trying the case has no jurisdiction over the offense charged #. A77 '01 G3.3. 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. days from the time the court acquires jurisdiction over the person of the accused.. order a pre-trial. !ith respect to offenses punishable by imprisonment of more than six @?B years.4AG7. the failure to revive or reinstate the case within the periods set by law will ma$e the dismissal permanent. or both. Its main objective is to achieve an expeditious resolution of the case. 31A.4A7 +I5<I55A78 . 'he requirements in 5ection " are intended to further safeguard the rights of the accused against improvident or unauthori=ed agreements • . their provisional dismissal shall become permanent two @"B years after issuance of the order without the case having been revived. • E1ception of Failure to MT.in all criminal cases. /acts charged do not constitute an offense ". unless a shorter period is provided for by law.

or admissions which his counsel may have entered into without his $nowledge • Dismissal Ground on *peedy trial Arraignment must be set within #. 'here is no other direct evidence available for the proper prosecution of the offense committed9 %. 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 • . the trial must be commenced. the revival of the case is proper. if qualified as determined in this Act and by the +epartment. days from the date the court acquires jurisdiction over the person of the accused. 5o if the dismissal is with prejudice. • $%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. the court must set the case for pre-trial. can apply and. 0is testimony can be substantially corroborated on its material points9 &. and within #. '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 ". days from the receipt of the pre-trial order. and within the same period. Gut if the dismissal is without prejudice. 'he dismissal shall be subject to the rules on double jeopardy. 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. 0e does not appear to be most guilty9 and ?. '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. the case cannot be revived anymore. 'here is absolute necessity for his testimony9 #. !here an accused has been discharged to be utili=ed as state witness and he thus testified. shall be admitted into the program @to be a state witnessB whenever the following circumstances are present8 .

• E1cluded party 'he court shall order the discharge and exclusion of the said accused from the information. • 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. the accused shall have at least days to prepare for trial. If accused fails or refuses to testify against the co-accused9 b.458 a. despite due notice. of the facts put in issue in a case for the purpose of determining such issue. & • • • 'he trial shall commence within #. 1C216'I. 'he trial judge does not lose jurisdiction to try the case after the H.charged anew for the same offense or for an attempt or frustration thereof. his confession of his participation in the commission of the offense is admissible in evidence against him. be penali=ed with disciplinary sanctions for failure to observe the prescribed limit without proper authori=ation by the 5upreme 2ourt. days from receipt of the pre-trial order. . Period to start and finis% After a plea of guilty is entered. 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.day limit. If he was granted immunity and fails to $eep his part of the agreement. Effect of non3appearance in trial 'he non-appearance of the prosecution at the trial. 0e may. 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. however. or for crimes necessarily included in or necessarily including those offense.

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