ARRAIGNMENT AND PLEA
probity and ability, to defend the accused.
ARRAIGNMENT: an indispensable requirement of due
process.
: a 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.
: it is the constitutional right of the accused to be
informed.
PROCEDURAL DUE PROCESS: requires that the
accused be arraigned so that he may be informed of the
reason for his indictment, the specific charges he is
bound to face, and the corresponding penalty that could
be possibly meted against him.
: given the opportunity of the accused to know the precise
charge that confronts him.
EFFECT OF THE ABSENCE OF ARRAIGNMENT
1. No arraignment, nullify the proceedings
2. The accused cannot be tried in absentia.
DUTIES OF THE COURT BEFORE ARRAIGNMENT:
a. Inform the accused of his right to counsel
: The duty is mandatory but the accused can be
arraigned without a lawyer if the court finds he is
capable to represent himself.
b. Ask him if he desires to have one
: In localities where members of the bar are not
available, the court may appoint any person,
resident of the province and of good repute for
c. Must assign a counsel de officio to defend him
unless the accused;
i. Is allowed to defend himself in person;
ii. Has employed a counsel of his choice.
: there is a consultation time with the counsel
de officio and the accused.
OPTIONS OF THE ACCUSED BEFORE
ARRAIGNMENT AND PLEA
1. BILL OF PARTICULARS: question the content of
the information
The motion shall:
a. Specify the alleged defects of the
complaint or information;
b. Shall specify the details desired.
2. SUSPENSION OF ARRAIGNMENT
GROUNDS:
a. the accused appears to be suffering from an
unsound mental condition
b. there exists a prejudicial question
c. there is a pending petition for review and it
shall not exceed sixty (60) days counted from
the filing of the petition with the review office.
NOTE: a civil case filed prior to the criminal case,
a motion to suspend proceedings on the ground of
a prejudicial question is considered a meritorious
action
 3. MOTION TO QUASH: the accused may move to
quash the complaint or information on any of the
grounds, provided for under Sec. 3 Rule 117 in
relation to Sec. 1 of Rule 117
4. CHALLENGES THE VALIDITY OF ARREST OR
LEGALITY OF THE WARRANT ISSUED OR
ASSAIL THE REGULARITY OR QUESTION THE
ABSENCE OF A PRELIMINARY
INVESTIGATION OF THE CHARGE: the accused
is challenging the procedure or arrest. IT should
be done before the arraignment. If arraignment is
done, it constitutes a waiver of the right to
preliminary investigation or reinvestigation.

NOTE: filing the motion for reconsideration cannot bar

the arraignment of the accused.

ARRAIGNMENT UNDER AN AMENDED

INFORMATION; SUBSTITUTED INFORMATION
1. If the accused has been arraigned and there is an
amendment in the substance of the information,
there should be a second arraignment.
2. If the amendment is only to the form, there is no
need for another preliminary investigation and
retaking of the plea; reason: it does not change the
nature of the crime.
3.