RULE 116: Arraignment and Plea

 

RULE 116 – ARRAIGNMENT AND PLEA

1.       DEFINITION

A procedure whereby the accused is brought before the court to plead to the criminal charge against him in the indictment or Information. The charge is read to him and he is asked to plead “guilty” or “not guilty” or where permitted, “nolo contendere.”   (Black’s Law Dictionary, 5^th ed)

A proceeding in a criminal case, whose object is to fix the identity of an accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from him the defendant his answer, in other words, his plea to information. (People v. Pillado, 75 OG 5735)

2.       PURPOSE

The purpose of arraignment is to apprise the accused of the possible loss of freedom, even of his life, depending on the nature of the crime imputed to him, or at the very least inform him of why the prosecuting arm of the State is mobilized against him. (Taglay v. Judge Daray, G.R. No. 164258, Aug. 22, 2012)

3.       BASIS

Right of the accused to be informed of the nature and cause of the accusation against him (Art. III, Sec. 14(2), 1987 Constitution)

4.       EFFECT OF PLEA

IMPLICATION OF PLEA OF GUILTY

That the accused is admitting the essential elements of the crime as charged in the information, and according to the SC, including the aggravating circumstances.

NOT DEEMED ADMITTED:

·         Facts not alleged in the complaint or information.

·         The jurisdiction of the court over the OFFENSE charged.

·         Insufficiency of complaint or information.

·         Double jeopardy, no offense or penalty extinguished.

5.       Effect of Delay to arraign the accused

Violation of the accused’s right to speedy trial. However, if the accused or his counsel continues to actively participate to the proceeding without objecting or raising such issue, it will constitute as a waiver on his part. If this procedural defect is not timely raised, the accused can be belatedly arraigned, provided that it will not prejudice the rights of the accused.

6.       HOW MADE (Section 1, Rule 116 of the Revised Rules on Criminal Procedure)

·         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.

7.       ARRAIGNMENT OF JUVENILE DELINQUENTS (Section 27 of A.M. No. 02-1-18-SC)

WHEN TO CONDUCT ARRAIGNMENT of a Juvenile Delinquent?

·         Provisions of rule 116 and 117 of Revised Rules of Criminal procedure--- SHALL APPLY

·         WITHIN 7 days from the date of the filing of the complaint or information with the Family Court,

·         UNLESS a shorter period is provided for by law

HOW TO CONDUCT ARRAIGNMENT of a Juvenile Delinquent?

·         Held in the chambers and conducted by the judge by--- furnishing the juvenile copy of the complaint or information

·         Reading the same in a language or dialect known and understood by him; and

·         Explaining the nature and consequences of a plea of guilty or NOT guilty

·         Asking him of his plea

Arraignment and Plea of Juvenile in case the penalty is less than 6 months

·         Case shall NOT be arraigned

·         Referred to alternative measures or services offered by non-court institutions

 

8.       WHEN ACCUSED PLEAS TO A CAPITAL OFFENSE

When the accused pleads guilty to a capital offense, the COURT SHALL conduct:

·         Searching inquiry into the voluntariness and full comprehension of the consequences of his plea;

·         Require the prosecution to prove his guilt and the precise degree of culpability.

·         To inquire whether the accused wishes present evidence in his behalf and allow him to do so if he desires

9.       WHEN ACCUSED PLEAS TO A NONCAPITAL OFFENSE

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. (Sec. 4, Rule 116, ROC)

·         The court can receive evidence to determine the existence of modificatory circumstances

·         Additional evidence independent of the plea may be considered to convince the judge that it was intelligently made. (People v. Mendoza)

·         A hearing is merely directory, and not mandatory

10.   WITHDRAWAL OF IMPROVIDENT PLEA OF GUILTY

An Improvident Plea is where the consequence thereof is not known to the accused. Therefore, the accused did not intelligently enter his plea, he is not aware of the consequence thereof.

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. (Sec. 5, Rule 116, ROC)

In People v. Serrano, the discretionary right is in the TRIAL COURT, to which the appellate court must not interfere except clear abuse of discretion.

11.   Duty of the court to inform the accused of his right to counsel

4-FOLD DUTY OF THE COURT IF DEFENDANT WITHOUT AN ATTORNEY DURING ARRAIGNMENT:

·         It must inform the defendant that he has a right to an attorney before being arraigned;

·         After informing him, the court must ask the defendant if he desires to have the aid of an attorney;

·         If he desires and is unable to employ an attorney, the court must assign an attorney de oficio to defend him;

·         If the accused desires to procure an attorney of his own, the court must grant him a reasonable time therefor.

WHAT IS A COUNSEL DE OFICIO?

Counsel de oficio is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself.

WHO MAY BE APPOINTED?

Members of the bar in good standing, who by reason of their experience and ability, can competently defend the accused

WHAT IF THERE IS NO LAWYER AVAILABLE?

In localities where such members of the bar are not available, the Court may appoint any person, resident of the province, and of good refute for probity and ability to defend the accused.

Until when will the right to counsel by the accused continue to exist?

The appointment of counsel de officio does not cease upon his conviction but will continue to subsist where he intends to appeal from the judgment of conviction.

Whenever a counsel de officio is appointed by the court to defend the accused at the arraignment, he shall be given reasonable time to consult with the accused as to his plea before proceeding with the arraignment. (Sec. 8, Rule 116, ROC)