ARRAIGNMENT

Arraignment- implements the constitutional rights of the accused to be informed

Why is the right to be informed crucial in the light of criminal
proceeding? So the accused can properly prepare for his defense. In addition, it
is also an integral part of due process. It is in the arraignment that the accused is
informed of his right.
Is it the legal duty of the accused to enter his plea or it is just a
matter of procedure? It is the legal duty of the accused to enter his plea.
There are only 3 instances where presence of
accused is crucial: 1. Arraignment, 2. Purposes of identification, 3.
Purpose of promulgation.
Take note under Sec.11 arraignment may be
suspended: 1. Accused has mental problems, 2. There is prejudicial
question 3. See codal
Once the accused enters his plea, the issues are
joined. An issue is a disputed fact: if the prosecution says you are guilty
and the accused claims he is not guilty. Then there is an issue and they
are put into one.
What are the kinds of plea?
Unconditional plea- plead guilty; it should be unconditional. This is
a kind of plea which the accused enters that do not require proof anymore
because the accused himself provided the proof.
Is there a trial? NOT ANYMORE
The court will just sentence the accused of his
corresponding crime
Is it possible if accused pleads guilty, the court can
still acquit him? In a case, the court acquits the accused because the
court was not convinced that he was guilty.
Conditional plea- a kind of plea by which accused enters a plea
subject to conditions.
How would you settle issue of conditional plea? It
must be construed as a plea of not guilty.
Once accused enters plea, it is presumed to be
voluntary and with full comprehension
Improvident plea- kind of plea by which the accused enters but he
did not intend it to do such because he was induced through intimidation and
against his will
Procedure: judge should conduct inquiry as to the
voluntariness and full comprehension of the plea
Negative Indirect plea- a mockery of the criminal justice system.
The accused refuses his to enter his plea because of his right to remain silent but
it is not applicable in the arraignment. If he does not make a plea, the court will
enter a plea of not guilty.
Reverted plea- a kind of plea wherein the accused pleads guilty
but presents exculpatory evidence. The court will enter a plea of guilty and trial

should proceed. In this kind of setting, the burden of proof never shifts. It is the
burden of evidence that will shift on the progress of trial.
Because it is required that the accused will present
first. This will not relieve the prosecution of the burden of proof.
One of the subjects in plea bargaining is for the
judge to determine the proceeding whether they will have a reverse order
of trial.
DUTY OF THE JUDGE
Notify the prosecutor about the arraignment
Ask the accused if he desires the aid of counsel. The right to have
a competent counsel and of your own choice.
Is the presence of private offended party necessary in arraignment? YES. THEY
ARE REQUIRED TO ATTEND FOR PURPOSES OF PLEA BARGAINING
WHY? Because if he or she was notified of the arraignment and
his absence is without justifiable cause or reason, he is allowed to enter plea
bargaining with consent of prosecutor. Absence of private offended party will
allow the accused to enter a lesser charge of the offense
Plea bargaining
The accused is made to plead for a lesser offense
If accused enters a plea bargaining in exchange to a lesser
penalty? This is not the plea bargaining being entered into but a plea to a lesser
offense
When is plea bargaining is allowed? DURING ARRAIGNMENT for
an offense necessarily included in the offense charged, after arraignment,
during the trial
During trial is still allowed provided prosecution has
enough evidence that the crime is necessarily included in the offense
charged.
Ex. the accused charged for murder, he can plead for homicide.
YES- because their are same elements in murder and homicide...but if homicide
increased to murder.. Not allowed
Accused charged for illegal guilty--the accused can
plead guilty to lesser offense of grave coercion. The court allows this
Accused charged for PD 532 highway robbery,
plead guilty to robbery with homicide..allowed because 532 is higher than
robbery with homicide. The elements in robbery is also found in PD 532
Rule of thumb: the greater offense includes the lesser offense
Suppose accused is charged greater offense and during
arraignment he entered plea bargaining to a lesser offense but lesser offense
already prescribed? NO. the crime has already prescribed and it has certainly
violated the right of the accused (pp v magat)
What happens after accused is convicted with lesser offense? The
greater charged cannot be reinstated anymore because it will prejudice rights of
accused.
BILL OF PARTICULARS- it is a pleading by which the court is asked to order to
prosecution to make more a definite a statement. As far as accused is concerned, he

cannot make an intelligent plea because it is vague. It is the role of judge to require
prosecution to amend the pleading or information to make it clearer.