Villaflor N. Vinte Jr. Enrile vs.

People Arraignment and Plea

Name Case Title Topic

Facts:

June 5 2014-Senator Juan Ponce Enrile was charged of plunder among others before the Sandiganbayan.

On the basis of his purported involvement in the Priority Development Assistance Fund scam.

July 3, 2014, a warrant for Enrile’s Arrest was issued, leading to petitionr’s voluntary surrender.

July 10, 2014 Enrile filed motion for bill of particulars before the Sandiganbayan. On the same date he filed motion
for deferment of arraignment since he was to undergo medical examination at the Philippine General Hospital. The
court denied Enrile’s motion for bill of particulars.

Issue:

Is the motion for bill of particulars was a proper remedy?

Ruling:

Yes, when the allegation in information are vague or indefinite, the remedy of the accused is not motion to quash,
but a motion for bill of particulars. If the information does not charge an offense, then a motion to quash is in order.
But if the information charges an offense and the averments are so vague that the accused cannot prepare to plead or
prepare for trial, then a motion for a bill of particular is the proper remedy. As defined from rule 116 of revised rules
on criminal procedure.

Section 9. Bill of particulars. — The accused may, before arraignment, move for a bill of particulars to enable him
properly to plead and to prepare for trial. The motion shall specify the alleged defects of the complaint or
information and the details desired.