ARRAIGNMENT AND PLEA

A.M. No.15-06-10-SC- REVISED GUIDELINES FOR

CONTINUOUS TRIAL OF CRIMINAL CASES
Schedule of Arraignment and Pre-trial. - Once the court has
acquired jurisdiction over the person of the accused, the
arraignment of the accused and the pretrial shall be set within ten
(10) calendar days from date of the court's receipt of the case for a
detained accused, and within thirty (30) calendar days from the date
the court acquires jurisdiction (either by arrest or voluntary
surrender) over a non-detained accused, unless a shorter period is
provided by special law or Supreme Court circular.
 Time Limit Between filing of Information and
Arraignment (R.A 8493), Law on Speedy Trial

“SEC. 7. Time Limit Between Filing of Information and

Arraignment and Between Arraignment and Trial. – The
arraignment of an accused shall be held within thirty (30) days from
the filing of the information, or from the date the accused has
appeared before the justice, judge or court in which the charge is
pending, whichever date last occurs. Thereafter, where a plea of not
guilty is entered, the accused shall have at least fifteen (15) days to
prepare for trial. Trial shall commence within thirty (30) days from
arraignment as fixed by the court.”
Section 1. Arraignment and plea; how made. —

Arraignment- is the formal mode of implementing the constitutional

right of the accused to be informed of the accusation against him.

(a) The accused must be arraigned before the court where the
complaint or information was filed or assigned for trial.
The arraignment shall be made in open court by the judge or clerk
by furnishing the accused with a copy of the complaint or
information, reading the same in the language or dialect known to
him, and asking him whether he pleads guilty or not guilty.

The prosecution may call at the trial witnesses other than those
named in the complaint or information.
(b) The accused must be present at the arraignment and must
personally enter his plea.

Both arraignment and plea shall be made of record, but failure to

do so shall not affect the validity of the proceedings.
(c) When the accused refuses to plead or makes a conditional plea, a
plea of not guilty shall be entered for him.
Ex. The accused admits his guilt provided that a certain penalty be
imposed upon him –is a conditional plea. A plea of not guilty shall
be entered instead.

Ex. 2. The accused has pending Petition for Review of his case
before the DOJ or Appellate Court. During the arraignment he
refused to make plea-a plea of not guilty will be entered.
(d) When the accused pleads guilty but presents exculpatory
evidence, his plea shall be deemed withdrawn and a plea of not
guilty shall be entered for him. (n)

Ex. The accused pleads guilty but he added that he did the act in self-
defense.
(e) When the accused is under preventive detention, his case shall be
raffled and its records transmitted to the judge to whom the case was
raffled within three (3) days from the filing of the information or
complaint.
The accused shall be arraigned within ten (10) days from the date
of the raffle. The pre-trial conference of his case shall be held within
ten (10) days after arraignment. (n)
f) The private offended party shall be required to appear at the
arraignment for purposes of plea bargaining, determination of civil
liability, and other matters requiring his presence.
In case of failure of the offended party to appear despite due notice;
the court may allow the accused to enter a plea of guilty to a lesser
offense which is necessarily included in the offense charged
with the conformity of the trial prosecutor alone.
Ex. The complainant for Attempted Homicide is absent during the
arraignment. The accused is allowed to plead guilty to a lesser
offense of Serious Physical Injuries.

This requires conformity of the prosecutor only.

Consent of the offended party is not required.
Serious Physical Injury is necessarily included in the offense
charged of Attempted Homicide.
(g) The arraignment shall be held within thirty (30) days from the
date the court acquires jurisdiction over the person of the accused,
unless shorter period provide.

The time of the pendency of a motion to quash or for a bill of

particulars or other causes justifying suspension of the arraignment
shall be excluded in computing the period.
Section 2. Plea of guilty to a lesser offense. —
At arraignment, the accused, may be allowed to plead guilty to lesser
offense, provided that:

with consent of the offended party

with consent of the prosecutor
lesser offense which is necessarily included in the offense charged.
(note: this is applicable if the complainant is present during the
arraignment, if not present, par. f of Rule 116 applies).
After arraignment but before trial, the accused may still be allowed
to plead guilty to said lesser offense after withdrawing his plea of
not guilty. No amendment of the complaint or information is
necessary.
Section 3. Plea of guilty to capital offense; reception of evidence. —
When the accused pleads guilty to a capital offense (punishable by
death, life and reclusion perpetua),

the court shall conduct a searching inquiry into the voluntariness

and full comprehension of the consequences of his plea;
and require the prosecution to prove his guilt and the precise
degree of culpability.
The accused may present evidence in his behalf. (3a)
Ex. The accused is charged of Murder. During the arraignment, he
pleaded guilty.

The court may ask the accused questions

•about voluntariness of his plea,
•if he understands the consequences of his plea
require the prosecution to prove his guilt and the precise degree of
culpability.
The court may allowed the accused to present evidence in his
behalf.
Section 4. Plea of guilty to non-capital offense; reception of
evidence, discretionary. —
When the accused pleads guilty to a non-capital offense, the court
may receive evidence from the parties to determine the penalty to be
imposed.

Ex. A pleaded guilty for the felony of Homicide. The court may
receive evidence from the parties (complainant or accused) to
determine proper penalty to be imposed. This is specially if there is
justifying, mitigating, alternative or exempting circumstances.)
Section 5. Withdrawal of improvident plea of guilty. — At any time
before the judgment of conviction becomes final, the court may
permit an improvident plea of guilty to be withdrawn and be
substituted by a plea of not guilty.

Improvident means- pleaded guilty to an offense despite not properly

apprised of the consequences of his plea.
involuntarily made and without consent.
Ex. A pleaded guilty for the felony of Homicide. He made his plea
because he was coerced or don’t know the consequences of his plea.
The plea of guilty may be withdrawn substituted by not guilty plea.
Section 6. Duty of court to inform accused of his right to counsel. —
Before arraignment, the court shall inform the accused of his right to
counsel and ask him if he desires to have one. Unless the accused is
allowed to defend himself in person or has employed a counsel of his
choice, the court must assign a counsel de oficio to defend him.

Ex. If the accused has no lawyer, the court may assign the PAO
lawyer available, or any private lawyer present in the courtroom, to
assist the accused during the arraignment. (counsel de officio)
Section 9. Bill of particulars. —
before arraignment
 upon motion of the accused
clarify matter not clear (bill of particulars)
to enable him properly to plead and to prepare for trial.
Must specify the alleged defects of the complaint or information
and the details desired.
The purpose of a bill of particulars to define, clarify, particularize,
and limit or circumscribe the issues in the case, to expedite the trial,
and assist the court.

Ex. The information charge A of murder, but it is not specified the

aggravating circumstances. ( such as treachery, evident
premeditation, or other qualifying circumstances). The accused may
move for Bill of Particulars.
Section 10. Production or inspection of material evidence in
possession of prosecution. —
Upon motion of the accused showing good cause
with notice to the parties
the court may order the prosecution to produce and permit the
inspection and copying or photographing evidence material to any
matter which are in the possession or under the control of the
prosecution, police, or other law investigating agencies.
in order to prevent surprise, suppression, or alteration,
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

(b) existence of prejudicial question; and
(c) A petition for review of the resolution ( the suspension shall
not exceed sixty (60) days counted from the filing of the petition
with the reviewing office.)
Ex. Prejudicial Question-
H filed an action for declaration of nullity of marriage on the ground
of absence of essential requirement of marriage (below the marrying
age). W filed a criminal action for concubinage against H and P, H
paramour.
This is prejudicial question since the resolution in the nullity
of marriage determines whether or not the concubinage case may
proceed.
If the nullity of marriage is granted, there is no concubinage
because H and W are not legally married with each other.

Arraignment of H may be suspended until the termination of the

declaration of nullity case.
THANK YOU!