RULE
115
 (i)
 To
 appeal
 in
 all
 cases
 allowed
 and
 in
 the
 manner



 prescribed
by
law.

Section
 1.
Rights
 of
 accused
 at
 trial.
–
 In
 all
 criminal
 prosecutions,
 the
 

accused
shall
be
entitled
to
the
following
rights:

(a)
 To
 be
 presumed
 innocent
 until
 the
 contrary
 is
 1. When
the
circumstances
are
capable
of
two
or
more
inferences,
one
of

proved
beyond
reasonable
doubt.
 which
is
consistent
with
presumption
of
innocence,
while
the
other
is

(b)
 To
 be
 informed
 of
 the
 nature
 and
 cause
 of
 the
 compatible
with
guilt,
the
presumption
of
innocence
must
prevail
and

accusation
against
him.
 the
court
must
acquit.
(People
v.
Dimalanta)

(c)
To
be
present
and
defend
in
person
and
by
counsel
at
 2. The
 constitutional
 presumption
 of
 innocence
 requires
 the
 courts
 to

every
 stage
 of
 the
 proceedings,
 from
 arraignment
 to
 take
more
than
casual
consideration.
The
evidence
of
the
prosecution

promulgation
 of
 the
 judgment.
 The
 accused
 may,
 must
 stand
 or
 fall
 on
 its
 own
 weight
 and
 cannot
 be
 allowed
 to
 draw

however,
waive
his
presence
at
the
trial
pursuant
to
the
 strength
from
the
weakness
of
the
defense.

stipulations
 set
 forth
 in
 his
 bail,
 unless
 his
 presence
 is
 3. Another
right
of
the
accused
is
to
be
informed
of
the
nature
and
cause

specifically
 ordered
 by
 the
 court
 for
 purposes
 of
 of
accusation
against
him.

identification.
 The
 absence
 of
 the
 accused
 without
 a. If
 the
 accused
 doesn’t
 understand
 English,
 there
 should
 be

justifiable
cause
at
the
trial
of
which
he
had
notice
shall
 an
interpreter.


be
considered
a
waiver
of
his
right
to
be
present
thereat.
 4. Is
an
accused
entitled
to
a
lawyer?

When
 an
 accused
 under
 custody
 escapes,
 he
 shall
 be
 a. Yes,
an
accused
is
entitled
to
a
counsel
of
choice
(counsel
de

deemed
 to
 have
 waived
 his
 right
 to
 be
 present
 on
 all
 parte)
or
if
he
believes
he
doesn’t
need
one,
he
can
proceed

subsequent
 trial
 dates
 until
 custody
 over
 him
 is
 without
 one.
 If
 he
 can’t
 afford
 one,
 the
 court
 will
 appoint
 a

regained.
 Upon
 motion,
 the
 accused
 may
 be
 allowed
 to
 counsel
de
officio.

defend
himself
in
person
when
it
sufficiently
appears
to
 b. Instances
where
the
court
will
appoint
counsel
de
officio
–

the
court
that
he
can
properly
protect
his
rights
without
 i. During
arraignment

the
assistance
of
counsel.
 ii. For
purposes
of
trial

(d)
To
testify
as
a
witness
in
his
own
behalf
but
subject
 iii. In
the
CA,
if
the
accused
signs
his
appeal
by
himself

to
 cross­examination
 on
 matters
 covered
 by
 direct
 (as
per
Rule
124)

examination.
 His
 silence
 shall
 not
 in
 any
 manner
 iv. The
SC
can
appoint
counsel
de
officio

prejudice
him.
 c. It
is
the
duty
of
the
clerk
of
court
to
certify
that
the
accused

(e)
 To
 be
 exempt
 from
 being
 compelled
 to
 be
 a
 witness
 ahs
 been
 informed
 of
 his
 right
 to
 counsel
 and
 his
 right
 to

against
himself.
 counsel
de
officio
before
the
records
are
elevated
on
appeal.


(f)
To
confront
and
cross­examine
the
witnesses
against
 5. What
is
compulsory
process?

him
 at
 the
 trial.
 Either
 party
 may
 utilize
 as
 part
 of
 its
 a. The
 rules
 on
 compulsory
 process
 are
 not
 found
 in
 CrimPro,

evidence
the
testimony
of
a
witness
who
is
deceased,
out
 rather
in
Rule
21.
Such
rule
applies
to
both
civ
and
criminal

of
 or
 can
 not
 with
 due
 diligence
 be
 found
 in
 the
 b. It
 is
 a
 subpoena.
 As
 a
 consequence
 of
 non‐compliance,
 you

Philippines,
 unavailable,
 or
 otherwise
 unable
 to
 testify,
 could
be
held
in
contempt.

given
 in
 another
 case
 or
 proceeding,
 judicial
 or
 i. Two
kinds
of
subpoena
and
how
you
quash
them
–

administrative,
 involving
 the
 same
 parties
 and
 subject
 1. Subpoena
 ad
 testificandum:
 You
 are
 not

matter,
 the
 adverse
 party
 having
 the
 opportunity
 to
 bound
 thereby
 and
 there
 is
 no
 tender
 of

cross­examine
him.
 kilometrage
and
witness
fees.


(g)
 To
 have
 compulsory
 process
 issued
 to
 secure
 the

attendance
 of
 witnesses
 and
 production
 of
 other
 (*The
 kilometrage
 requirement
 to
 be
 able
 to
 use
 a

evidence
in
his
behalf.
 subpoena
 as
 a
 compulsory
 process
 is
 100
 km.
 If

(h)
To
have
speedy,
impartial
and
public
trial.
 you’re
 within
 100
 km
 from
 the
 place
 where
 the

hearing
 is
 to
 be
 conducted,
 your
 attendance
 can
 be


Abala.
CrimPro
2014B.


1

 compelled
by
a
subpoena.
And
if
you
refuse
to
comply
 (Note
 that
 you
 can’t
 file
 a
 MOTION

with
the
subpoena,
you
can
be
arrested
by
virtue
of
a
 for
indirect
contempt)

bench
warrant)

6. Can
 a
 transcript
 of
 a
 witness
 who’s
 unavailable
 or
 who
 died
 be

(A
warrant
of
arrest
is
only
issued
once
information
is
 presented
in
court?
(The
witness
was
previously
presented
in
another

filed
 in
 court,
 after
 finding
 probable
 cause.
 On
 the
 case
involving
the
same
parties
and
subject
matter.
Can
his
testimony,

other
 hand,
 a
 bench
 warrant
 is
 issued
 by
 a
 court
 in
 reproduced
in
a
transcript,
be
presented
in
a
criminal
case?)

the
 exercise
 of
 its
 judicial
 authority
 to
 compel
 a. Yes,
 for
 as
 long
 as
 the
 witness
 was
 subject
 to
 cross‐
attendance
of
a
person
in
court)

 examination,
or
at
least
an
opportunity
to
cross‐examine.

7. Can
there
be
post‐DNA
conviction
examination?

2.Subpoena
 duces
 tecum:
 Failure
 to
 tender
 a. Yes,
 even
 without
 an
 order
 for
 as
 long
 as
 you
 could
 show

kilometrage,
 witness
 fees,
 failure
 to
 that
 the
 examination
 is
 material,
 would
 show
 that
 you’re

describe
 the
 books
 to
 be
 presented,
 innocent
and
would
change
the
outcome
of
the
case

failure
to
tender
the
cost
of
production
 b. If
 after
 the
 post‐DNA
 conviction
 examination
 and
 it
 was

ii. What
 if
 the
 witness
 is
 in
 Cebu
 and
 the
 case
 is
 in
 shown
 that
 the
 accused
 cannot
 be
 the
 perpetrator
 of
 the

Manila
(obviously
more
than
100
km)?
How
do
you
 offense,
 the
 release
 of
 the
 convict
 should
 be
 done
 through

compel
the
witness
to
attend
the
hearing?
 habeas
corpus,
filed
with
the
court
that
rendered
the
original

1. In
a
civil
case,
deposition
(Rule
23)
 judgment.

2. In
a
criminal
case,
Rule
119,
§12,
13,
15
 8. Regarding
the
right
against
self‐incrimination,
such
is
limited
only
to

iii. For
failure
to
comply
with
a
subpoena
issued
by
the
 oral
testimony.

court,
the
remedy
is
an
appeal
 9. Regarding
the
rule
on
right
to
speedy
trial
–

c. Another
 compulsory
 process
 is
 contempt:
 any
 person
 who
 a. Under
the
Constitution,
there
is
speedy
disposition
of
cases

refuses
 to
 appear
 in
 court
 or
 to
 testify
 can
 be
 placed
 in
 i. Can
be
invoked
at
any
time
for
so
long
as
the
action

contempt.
 is
pending

d. Two
kinds
of
contempt
–
 ii. The
remedy
for
violation
of
speedy
disposition,
and

i. Direct
contempt
 assuming
that
the
accused
is
detained,
the
remedy

1. How
to
initiate
direct
contempt
–
 is
a
petition
for
habeas
corpus
(Caballes
v.
CA).


a. By
 acts
 of
 disrespect
 or
 b. Under
the
Rules
on
CrimPro:
the
right
to
speedy
trial

disobedience
 in
 the
 presence
 of
 i. Can
be
invoked
at
any
time
before
trial

so
near
a
court
or
the
judge.
 ii. The
 remedy
 for
 violation
 of
 speedy
 trial
 under

CrimPro
 is
 a
 special
 civil
 action
 under
 Rule
 65
 or

(Note
 that
 you
 don’t
 need
 a
 formal
 certiorari,
 prohibition,
 mandamus.
 Lumanlao
 v.

petition.
 All
 that
 is
 required
 is
 that
 Peralta
 says
 that
 in
 the
 face
 of
 extraordinary
 and

you
irritate
the
judge)

 compelling
 reasons
 it
 ahs
 been
 held
 that
 the

availability
of
another
remedy
does
not
preclude
a

2. The
 remedy,
 if
 your
 placed
 on
 direct
 resort
to
a
special
civil
action
under
Rule
65.

contempt,
is
certiorari
 10. What
is
a
public
trial?

ii. Indirect
contempt:
Rule
71,

§3
 a. Public
 trial
 requires
 you
 to
 be
 present
 in
 court.
 You
 cannot

1. How
to
initiate
indirect
contempt
–
 record,
you
cannot
tape
the
proceedings.

a. By
 a
 verified
 petition
 filed
 and
 b. “To
 allow
 a
 recording
 and
 viewing
 as
 it
 happens
 will
 affect

docketed
separately
 judges
 because
 of
 possible
 public
 opinion,
 and
 will
 give
 an

b. By
the
court
motu
proprio,
upon
 opportunity
 for
 lawyers
 to
 grand
 stand.”
 (From
 the
 Erap

a
formal
charge
 plunder
case)


Abala.
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2014B.


2

 c. On
Motion
for
Reconsideration,
the
SC
allowed
the
recording
 time
 of
 the
 pendency
 of
 a
 motion
 to
 quash
 or
 for
 a
 bill
 or
 particulars
 or

of
the
Erap
plunder
case
for
historical
and
educational
value.
 other
causes
justifying
suspension
of
the
arraignment
shall
be
excluded
in

It
cannot
be
viewed
by
the
public
but
to
be
kept
so
that
in
the
 computing
the
period.


future,
 for
 historical
 and
 educational
 value,
 it
 could
 be
 

viewed.
 1. The
accused
must
be
informed
of
the
nature
and
cause
of
accusation

against
him.


 2. “Any
 objection,
 defect,
 or
 irregularity
 attending
 an
 arrest
 must
 be

made
 before
 the
 accused
 enters
 his
 plea
 or
 arraignment
 and
 having

RULE
116
 failed
to
move
for
the
quashing
of
the
information
against
him
before

arraignment,
 appellant
 is
 estopped
 from
 questioning
 the
 legality
 of

Section
1.
Arraignment
and
plea;
how
made.
–
 the
arrest.
(People
v.
Astrologo)

3. When
should
arraignment
take
place?





(a)
 The
 accused
 must
 be
 arraigned
 before
 the
 court
 where
 the
 a. Within
30
days
from
the
time
the
court
acquires
jurisdiction

complaint
or
information
was
filed
or
assigned
for
trial.
The
arraignment
 over
 the
 person
 of
 the
 accused,
 by
 arrest
 or
 voluntary

shall
 be
 made
 in
 open
 court
 by
 the
 judge
 or
 clerk
 by
 furnishing
 the
 surrender.

accused
with
a
copy
of
the
complaint
or
information,
reading
the
same
in
 b. As
 per
 Sec
 1
 of
 Rule
 118
 (Pre‐trial),
 Pre‐trial
 should
 take

the
language
or
dialect
known
to
him,
and
asking
him
whether
he
pleads
 place
 within
 30
 days
 from
 the
 time
 the
 court
 acquires

guilty
or
not
guilty.
The
prosecution
may
call
at
the
trial
witnesses
other
 jurisdiction
 over
 the
 person
 of
 the
 accused,
 but
 AFTER

than
those
named
in
the
complaint
or
information.
 arraignment

c. 30
days
from
court
acquires
jurisdiction
over
the
accused,





 (b)
 The
 accused
 must
 be
 present
 at
 the
 arraignment
 and
 must
 ARRAIGNMENT,
 but
 within
 such
 30
 days
 but
 AFTER

personally
 enter
 his
 plea.
 Both
 arraignment
 and
 plea
 shall
 be
 made
 of
 arraignment,
there
should
be
pre‐trial

record,
but
failure
to
do
so
shall
not
affect
the
validity
of
the
proceedings.
 4. What
 is
 the
 person
 is
 preventively
 detained?
 Do
 we
 follow
 the
 same





 (c)
 When
 the
 accused
 refuses
 to
 plead
 or
 makes
 a
 conditional
 plea,
 a
 periods?

plea
of
not
guilty
shall
be
entered
for
him.
 a. No,
the
periods
are
shorter:
from
the
time
the
information
is





(d)
When
the
accused
pleads
guilty
but
presents
exculpatory
evidence,
 filed,
 the
 case
 will
 be
 set
 for
 raffle
 within
 3
 days.
 From
 the

his
 plea
 shall
 be
 deemed
 withdrawn
 and
 a
 plea
 of
 not
 guilty
 shall
 be
 time
 the
 raffle
 is
 concluded,
 the
 arraignment
 will
 be

entered
for
him.
 scheduled
 within
 a
 period
 of
 10
 days
 therefrom.
 The
 pre‐




 (e)
 When
 the
 accused
 is
 under
 preventive
 detention,
 his
 case
 shall
 be
 trial
will
be
scheduled
within
10
days
thereafter.
(3:10:10)

raffled
 and
 its
 records
 transmitted
 to
 the
 judge
 to
 whom
 the
 case
 was
 5. What
 if
 there’s
 belated
 arraignment?
 Was
 the
 proceeding
 invalid?

raffled
 within
 three
 (3)
 days
 from
 the
 filing
 of
 the
 information
 or
 (People
v.
Trinidad)

complaint.
 The
 accused
 shall
 be
 arraigned
 within
 ten
 (10)
 days
 from
 the
 a. “The
 procedural
 defect
 was
 cured
 when
 his
 counsel

date
of
the
raffle.
The
pre­trial
conference
of
his
case
shall
be
held
within
 participated
 in
 trial
 without
 raising
 any
 objection
 that
 his

ten
(10)
days
after
arraignment.
 client
 had
 yet
 to
 be
 arraigned.
 On
 fact,
 his
 counsel
 cross‐




 (f)
 The
 private
 offended
 party
 shall
 be
 required
 to
 appear
 at
 the
 examined
 the
 prosecution
 witnesses,
 moreover,
 no
 protest

arraignment
 for
 purposes
 of
 plea
 bargaining,
 determination
 of
 civil
 was
made
when
appellant
was
subsequently
arraigned.”

liability,
and
other
matters
requiring
his
presence.
In
case
of
failure
of
the
 6. Should
the
offended
party
be
present
during
arraignment?

offended
 party
 to
 appear
 despite
 due
 notice,
 the
 court
 may
 allow
 the
 a. No,
unless
the
presence
of
the
offended
party
is
required
for

accused
 to
 enter
 a
 plea
 of
 guilty
 to
 a
 lesser
 offense
 which
 is
 necessarily
 purposes
of
plea
of
guilt
to
a
lesser
offense,
or
for
purposes

included
in
the
offense
charged
with
the
conformity
of
the
trial
prosecutor
 of
determining
civil
liability,
or
when
the
court
requires
the

alone.
 attendance
of
the
offended
party





(g)
Unless
a
shorter
period
is
provided
by
special
law
or
Supreme
Court
 b. The
 offended
 party
 is
 only
 a
 complaining
 witness
 for
 the

circular,
 the
 arraignment
 shall
 be
 held
 within
 thirty
 (30)
 days
 from
 the
 state

date
 the
 court
 acquires
 jurisdiction
 over
 the
 person
 of
 the
 accused.
 The
 7. What
is
the
effect
if
the
accused
is
absent?


Abala.
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2014B.


3

 a. The
 proceeding
 cannot
 continue
 if
 the
 accused
 is
 absent.
 c. Elicit
information
on
personality
profile
of
the
accused.

Arraignment
should
be
made
personally
by
the
accused.
 d. Inform
 the
 accused
 of
 the
 exact
 length
 of
 imprisonment
 or

b. If
 he
 is
 absent,
 the
 court
 will
 simply
 resent
 the
 hearing
 and
 nature
of
penalty
under
the
law.

issue
a
warrant
for
his
arrest
 e. Require
the
accused
to
fully
narrate
the
incident.

c. There
 can’t
 be
 no
 trial
 in
 absentia
 if
 the
 accused
 was
 never
 

arraigned
 Section
 4.
Plea
 of
 guilty
 to
 non­capital
 offense;
 reception
 of
 evidence,


 discretionary.
 –
 When
 the
 accused
 pleads
 guilty
 to
 a
 non­capital
 offense,

Section
 2.
Plea
 of
 guilty
 to
 a
 lesser
 offense.
–
 At
 arraignment,
 the
 accused,
 the
court
may
receive
evidence
from
the
parties
to
determine
the
penalty

with
the
consent
of
the
offended
party
and
prosecutor,
may
be
allowed
by
 to
be
imposed.


the
 trial
 court
 to
 plead
 guilty
 to
 a
 lesser
 offense
 which
 is
 necessarily
 

included
 in
 the
 offense
 charged.
 After
 arraignment
 but
 before
 trial,
 the
 1. Is
hearing
mandatory?

accused
 may
 still
 be
 allowed
 to
 plead
 guilty
 to
 said
 lesser
 offense
 after
 a. NO,
 hearing
 if
 ever
 it
 is
 conducted,
 will
 only
 proceed
 for

withdrawing
 his
 plea
 of
 not
 guilty.
 No
 amendment
 of
 the
 complaint
 or
 purposes
of
determining
the
exact
penalty
for
the
offense

information
is
necessary.
 


 



1. During
 pre‐trial,
 this
 is
 called
 bargaining,
 under
 Rule
 118.
 But
 the
 Section
 5.
Withdrawal
 of
 improvident
 plea
 of
 guilty.–
 At
 any
 time
 before

effects
are
the
same.
 the
 judgment
 of
 conviction
 becomes
 final,
 the
 court
 may
 permit
 an

2. During
 arraignment,
 the
 accused
 can
 plead
 guilty
 to
 a
 lesser
 offense,
 improvident
plea
of
guilty
to
be
withdrawn
and
be
substituted
by
a
plea
of

for
 as
 long
 as
 there
 is
 notice
 to
 the
 offended
 party
 and
 the
 not
guilty.


prosecution,
even
if
the
offended
party
is
absent
during
arraignment.
 

3. After
arraignment
AND
before
trial,
there
can
still
be
a
plea
of
guilty
to
 1. Improvident
plea

a
lesser
offense.

 a. It
 is
 a
 plea
 where
 the
 consequence
 thereof
 is
 not
 known
 to


 the
accused.
The
accused
did
not
intelligently
enter
his
plea.

Section
3.
Plea
of
guilty
to
capital
offense;
reception
of
evidence.
–
When
the
 It
 can
 be
 withdrawn
 at
 any
 time
 before
 judgment
 becomes

accused
 pleads
 guilty
 to
 a
 capital
 offense,
 the
 court
 shall
 conduct
 a
 final.

searching
 inquiry
 into
 the
 voluntariness
 and
 full
 comprehension
 of
 the
 b. If
 the
 sole
 basis
 of
 a
 conviction
 is
 an
 improvident
 plea
 and

consequences
 of
 his
 plea
 and
 shall
 require
 the
 prosecution
 to
 prove
 his
 the
case
reaches
the
SC,
the
SC
will
not
render
judgment
but

guilt
 and
 the
 precise
 degree
 of
 culpability.
 The
 accused
 may
 present
 only
remand
the
case
for
further
proceedings.

evidence
in
his
behalf.

 c. If
 the
 basis
 of
 the
 conviction
 is
 not
 the
 improvident
 plea,


 though
there
was
one
and
there
is
other
evidence
to
point
to

1. What
is
a
capital
offense?
 the
culpability
of
the
accused,
the
SC
will
render
judgment.

a. It
 is
 an
 offense,
 which,
 at
 the
 time
 of
 the
 application
 for
 

bail/at
 time
 of
 commission,
 the
 penalty
 for
 the
 offense
 is
 



death.
 Section
 6.
Duty
 of
 court
 to
 inform
 accused
 of
 his
 right
 to
 counsel.
 –
 Before

2. Is
hearing
mandatory?
 arraignment,
the
court
shall
inform
the
accused
of
his
right
to
counsel
and

a. YES,
 the
 prosecution,
 despite
 a
 plea
 of
 guilt
 to
 a
 capital
 ask
him
if
he
desires
to
have
one.
Unless
the
accused
is
allowed
to
defend

offense,
will
still
have
to
present
its
evidence
to
establish
the
 himself
 in
 person
 or
 has
 employed
 counsel
 of
 his
 choice,
 the
 court
 must

exact
culpability
of
the
accused
 assign
a
counsel
de
officio
to
defend
him.


3. Requirements
of
searching
inquiry
(People
v.
Ulit)
 

a. Circumstances
 on
 custodial
 investigation
 and
 preliminary
 Section
 7.
Appointment
 of
 counsel
 de
 officio.
 –
 The
 court,
 considering
 the

investigation
will
have
to
be
inquired
upon
by
the
judge.
 gravity
 of
 the
 offense
 and
 the
 difficulty
 of
 the
 questions
 that
 may
 arise,

b. Ask
the
defense
counsel
whether
he
has
conferred
with,
and
 shall
 appoint
 as
 counsel
de
 officio
such
 members
 of
 the
 bar
 in
 good

completely
explained
to
the
accused,
the
consequences
of
his
 standing
who,
by
reason
of
their
experience
and
ability,
can
competently

plea.
 defend
 the
 accused.
 But
 in
 localities
 where
 such
 members
 of
 the
 bar
 are


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2014B.


4

not
available,
the
court
may
appoint
any
person,
resident
of
the
province
 1. If
 the
 DOJ
 cannot
 complete
 its
 resolution
 within
 60
 days,
 should
 the

and
of
good
repute
for
probity
and
ability,
to
defend
the
accused.

 court
arraign?


 a. Yes

Section
 8.
Time
 for
 counsel
 de
 officio
 to
 prepare
 for
 arraignment.
–

Whenever
 a
 counsel
de
 office
is
 appointed
 by
 the
 court
 to
 defend
 the

accused
at
the
arraignment,
he
shall
be
given
a
reasonable
time
to
consult

with
the
accused
as
to
his
plea
before
proceeding
with
the
arraignment.




Section
9.
Bill
of
particulars.
–
The
accused
may,
before
arraignment,
move

for
 a
 bill
 of
 particulars
 to
 enable
 him
 properly
 to
 plead
 and
 prepare
 for

trial.
 The
 motion
 shall
 specify
 the
 alleged
 defects
 of
 the
 complaint
 or

information
and
the
details
desired.




Section
 10.
Production
 or
 inspection
 of
 material
 evidence
 in
 possession
 of

prosecution.
 –
 Upon
 motion
 of
 the
 accused
 showing
 good
 cause
 and
 with

notice
to
the
parties,
the
court,
in
order
to
prevent
surprise,
suppression,

or
 alteration,
 may
 order
 the
 prosecution
 to
 produce
 and
 permit
 the

inspection
 and
copying
or
 photographing
 of
 any
 written
 statement
 given

by
the
complainant
and
other
witnesses
in
any
investigation
of
the
offense

conducted
 by
 the
 prosecution
 or
 other
 investigating
 officers,
 as
 well
 as

any
designated
documents,
papers,
books,
accounts,
letters,
photographs,

object,
 or
 tangible
 things
 not
 otherwise
 privileged,
 which
 constitute
 or

contain
 evidence
 material
 to
 any
 matter
 involved
 in
 the
 case
 and
 which

are
 in
 the
 possession
 or
 under
 the
 control
 of
 the
 prosecution,
 police,
 or

other
law
investigating
agencies.




Section
11.
Suspension
of
arraignment.
–
Upon
motion
by
the
proper
party,

the
arraignment
shall
be
suspended
in
the
following
cases:

(a)
 The
 accused
 appears
 to
 be
 suffering
 from
 an

unsound
mental
condition
which
effectively
renders
him

unable
to
fully
understand
the
charge
against
him
and
to

plead
 intelligently
 thereto.
 In
 such
 case,
 the
 court
 shall

order
 his
 mental
 examination
 and,
 if
 necessary,
 his

confinement
for
such
purpose;

(b)
There
exists
a
prejudicial
question;
and

(c)
 A
 petition
 for
 review
 of
 the
 resolution
 of
 the

prosecutor
 is
 pending
 at
 either
 the
 Department
 of

Justice,
 or
 the
 Office
 of
 the
 President;
provided,
 that
 the

period
 of
 suspension
 shall
 not
 exceed
 sixty
 (60)
 days

counted
 from
 the
 filing
 of
 the
 petition
 with
 the

reviewing
office.






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