ARRAIGNMENT

How Arraignment is Made: ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE, DUTY OF THE COURT:
1. In open court where the complaint or information has been filed or assigned for trial Duty of the Court When Accused Pleads Guilty to a Capital Offense:
2. By the judge or clerk of court 1. Conduct a searching inquiry into the voluntariness and full comprehension of the
3. By furnishing the accused with a copy of the complaint or information consequences of the plea.
4. Reading it in a language or dialect known to the accused 2. Require prosecution to present evidence to prove the guilt and precise degree of
5. Asking accused whether he pleads guilty or not guilty. culpability of the accused.
3. Ask the accused if he desires to present evidence in his behalf and allow him to do
When Arraignment Should Be Held: so if he desires.
1. IF THE ACCUSED IS DETAINED – it shall be set within 10 days from the court’s receipt
of the case; SEARCHING INQUIRY:
2. IF THE ACCUSED IS NOT DETAINED – it shall be set within 30 days from the date the Elements of “Searching Inquiry”:
court acquires jurisdiction over the accused 1. Judge must convince himself that accused is entering the plea voluntarily and
intelligently.
WHEN SHOULD PLEA OF NOT GUILTY BE ENTERED: 2. Judge must convince himself that there exists a rational basis for the finding of guilt
1. When accused so pleaded based on accused’s testimony.
2. When he refuses to plead 3. Inform the accused of the exact length of imprisonment and the certainty that he will
3. When he makes a conditional or qualified plea of guilt (Ex. Accused pleads guilty but serve it in a national penitentiary
adds “pero hindi ko sinasadya”)
4. When the plea is indefinite or ambiguous IMPROVIDENT PLEA
5. When he pleads guilty but presents exculpatory evidence (Ex. Evidence to prove A plea without information as to all the circumstances affecting it; based upon a mistaken
complete self-defense) assumption or misleading information or advice.
Effects of Improvident Plea
WHEN MAY ACCUSED ENTER A PLEA OF GUILTY TO A LESSER OFFENSE: The conviction will be set aside if the plea of guilty is the sole basis for the judgment. But,
The accused, with the consent of the offended party and the prosecutor, may plead guilty the court may validly convict the accused if such conviction is supported by adequate
to a lesser offense which is necessarily included in the offense charged. evidence of guilt independent of the plea itself
Requisites for a plea of guilty to a lesser offense made at the arraignment Instances of Improvident Plea:
1. The lesser offense is necessarily included in the offense charged; 1. Plea of guilty was compelled by violence or intimidation
2. The plea must be with the consent of both the offended party and the prosecutor. 2. Accused did not fully understand the meaning and consequences of his plea
Consent of the offended party will not be required if said party, despite due notice, fails to 3. Insufficient information to sustain conviction of the offense charged
appear during arraignment. 4. Information does not charge an offense
Plea to Lesser Offense After Arraignment But Before Trial 5. Court has no jurisdiction
After arraignment but BEFORE trial, the accused may still be allowed to plead guilty
to a lesser offense after withdrawing his previous plea of not guilty. No amendment to the Grounds for Suspension of Arraignment
complaint or information is necessary 1. There exists a prejudicial question
Plea to Lesser Offense after Trial Has Begun 2. Accused appears to be suffering from an unsound mental condition which renders him
After the prosecution has rested its case, a change of plea to a lesser offense may be unable to understand the charge against him and to plead intelligently thereto.
granted by the judge, with the approval of the prosecutor and the offended party if the 3. There is a petition for review pending before the DOJ or Office of the President,
prosecution does not have sufficient evidence to establish the guilt of the accused for the however the period of suspension shall not exceed 60 days counted from the filing of the
crime charged. The judge cannot on its own grant the change of plea. petition for review.
 RIGHT TO SPEEDY
TRIAL

Purpose of Right to Speedy Trial: Important Periods to Observe

The rights of the accused to a speedy trial and speedy disposition of the case are meant to
prevent the oppression of the accused by holding criminal prosecution, suspended over
him for an indefinite time, and to prevent delays in the administration of justice.
Factors to consider when assessing denial of right to speedy trial [DRAP]
a. Duration of the delay
b. Reason therefor
c. Assertion of the right or failure to assert it.
d. Prejudice caused by such delay
1. Between acquisition of jurisdiction over the person of the accused to arraignment and
pre-trial:
a. Detained accused: Within 10 days
b. Non-detained accused: Within 30 days [A.M No 15-06-10-SC, III No 8]
2. Between receipt of pre-trial order to trial: Within 30 days [Sec. 1, Rule 119] 3. Periods of
delay excluded from the computation [Sec. 3, Rule 119]
Waiver of Right to Speedy Trial
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the
right to dismiss on the ground of denial of his right to speedy trial.

RIGHT TO SPEEDY TRIAL RIGHT TO SPEEDY DISPOSITION OF

Reckoning Point = First day of trial.
The right to speedy trial may only be
invoked in criminal prosecutions against
courts of law
CASES
Reckoning Point = Date when the case is
submitted for decision.
The right to speedy disposition of cases,
however, may be invoked before any tribunal,
whether judicial or quasi-judicial.

Burden of proof
a. The accused has the burden of proving the ground of denial of right to speedy trial for
the motion.
b. The prosecution has the burden of going forward with the evidence to establish the
exclusion of time under Sec. 3, Rule 119.