● of the charge and to give him an opportunity to plead, or to obtain from the accused his

answer, in other words, his plea to the information (Golden Notes, 2018).
● Absence of Arraignment
○ Results in the nullity of the proceedings before the trial court
○ Accused cannot be tried in absentia
● Plea of Guilty
○ Submission to the court’s jurisdiction
○ It cures the defect in his arrest.

Duty of the Court

● Section 6, Rule 116 - Before arraignment, the court shall:
a. inform the accused of his to counsel
b. ask him if he desires to have one;
c. must assign a counsel de oficio to defend him, unless the accused is:
i. allowed to defend himself in person; or
ii. has employed a counsel of his choice
● If the accused waives his right to counsel:
○ allowed to represent himself if he is found capable
● If the accused informs the court that he cannot afford a lawyer and he is incapable to
represent himself
○ Judge has the duty to appoint a counsel de oficio
■ Counsel de oficio must be:
● In good standing
● Can completely defend the accused
● Section 7, Rule 116: In localities where no members of the bar are
available, the court may appoint:
○ Any personARRAIGNMENT AND PLEA

Purpose
● Arraignment is the formal mode and manner of implementing the constitutional right
of an accused to be informed of the nature and cause of the accusation against
him. The purpose of arraignment is, thus, 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 to inform him of why the prosecuting arm of the State is
mobilized against him (People v. Pangilinan, G.R. No. 171020, March
14,2007(Purpose of arraignment)

Effects
● Notifies the accused of the nature and cause of the accusations against him. He is made
fully aware of the possible loss of freedom, even of his life, depending on the nature of
the imputed crime (Kummer v. People, 705 SCRA 490, 508-509, September 11, 2013).
● To fix the identity of the accused, to inform him
○ Resident of the province
 ○ Of good repute for probity and ability
● A judge has the duty to protect the rights of the accused, even against their wishes,
when it is clear that he is not in a position to validly exercise or waive those rights
(Gamas v. Oco, 425 SCRA 588, 603).
● Section 8, Rule 116
○ The counsel de oficio shall be given a reasonable time to consult with the
accused as to his plea before proceeding with the arraignment.

When should the accused be arraigned?

● Revised Guidelines for Continuous Trial of Criminal Cases
a. 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 (A.M. No.
15-06-10-SC, subheading III, item no. 8).

b. Notice of Arraignment and Pre-Trial

● Notice of arraignment and pre-trial shall be sent to the accused,
his/her counsel, private complainant or complaining law enforcement
agent, public prosecutor, and witnesses whose names appear in the
information for purposes of plea-bargaining, arraignment and pre-trial.

Conditional Plea
● A conditional plea of guilty, or one entered subject to the provision that a certain penalty
be imposed upon him, is equivalent to a plea of not guilty and would, therefore, require a
full-blown trial before judgment may be rendered (People v. Madraga, G.R. No. 129299,
November 15, 2000).

Effect of Conditional Plea

● A conditional plea is equivalent to plea of not guilty and, would, therefore, require a
full-blown trial before judgement may be rendered (People v. Magat)

Plea to lesser offense

● Section 2, Rule 116
○ The accused, with the consent of the offended party and the fiscal, may be
allowed by the trial court to plead guilty to a lesser offense, regardless of whether
or not it is necessarily included in the crime charged, or is cognizable by a court
of lesser.
Requirements
● In approving the Plea Bargaining Agreement, the Sandiganbayan took into
consideration the timeliness of the plea bargaining and whether the agreement
complied with the requirements of Section 2, Rule 116 of the Rules of Court.
The Sandigabayan noted that the accused had already withdrawn his earlier plea
of "not guilty"; and that the prosecution consented to the plea of guilt to a lesser
offense; and the lesser offense, which is Corruption of Public Officials in relation
to Indirect Bribery, is necessarily included in the offense charged, which is Plunder
(Daan v. Sandiganbayan, G.R.No.163972-77, March 28, 2008).

Plea of guilt to capital offense

● Section 3 of Rule 116 which the trial court violated is not a new rule for it
merely incorporated the decision of this Court in People vs. Apduhan Jr. and
reiterated in an unbroken line of cases. The bottom line of the rule is that a plea
of guilt must be based on a free and informed judgment. Thus, the searching
inquiry of the trial court must be focused on: (1) the voluntariness of the plea;
and (2) the full comprehension of the consequences of the plea. The questions of
the trial court failed to show the voluntariness of the plea of guilt of the appellant
nor did the questions demonstrate appellant’s full comprehension of the
consequences of the plea. The records do not reveal any information about the
personality profile of the appellant which can serve as a trustworthy index of his
capacity to give a free and informed plea of guilt. The age, socio-economic
status, and educational background of the appellant were not plumbed by the trial
court. x x x. (People v. Estomaca, EG. R. No. 117485-86, April 22,1996).

Improvident Plea
● Section 5, Rule 116
○ 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.
● It is a plea without information as to all the circumstances affecting it. It is based upon a
mistaken assumption or misleading information or advice.
● Instances of improvident plea:
1. Plea of guilty was compelled by violence or intimidation;
2. The accused did not fully understand the meaning and consequences of his plea;
3. Insufficient information to sustain conviction of the offense charged;
4. Information does not charge an offense; or
5. Court has no jurisdiction.
● Period to withdraw an improvident plea
○ The court may permit an improvident plea of guilty to be withdrawn, at any time
before the judgment of conviction becomes final, and be substituted by a plea of
not guilty.
 ○ NOTE: The withdrawal of a plea of guilty at any time before judgment is not a
matter of strict right to the accused but of sound discretion to the trial court (Sec.
5, Rule 116; People v. Lambino, G.R. No. L-10875, April 28, 1958).
● Effect of withdrawal of improvident plea
○ The court shall set aside the judgment of conviction and re-open the case for
new trial.
○ NOTE: Convictions based on an improvident plea of guilt are set aside only if
such plea is the sole basis of the judgment (People v. Documento, G.R. No.
188706, March 17, 2010).

Suspension of Arraignment
● Upon motion by the proper party, the arraignment shall be suspended in the following
cases:
1. The accused appears to be suffering from an unsound mental condition which
effectively renders him unable to fully understand the charge against him and to
plead intelligently thereto;
2. There exists a valid prejudicial question;
3. A petition for review of the resolution of the prosecutor is pending at the
Department of Justice or the Office of the President (Sec. 11, Rule 116); and
4. There are pending incidents such as:
a. Motion to Quash;
b. Motion for Inhibition; or
c. Motion for Bill of Particulars.
● NOTE: The period of suspension shall not exceed sixty (60) days counted from the filing
of the petition with the reviewing office (Sec. 11, Rule 116).
● Procedurally speaking, after the filing of the information, the court is in complete control
of the case and any disposition therein is subject to its sound discretion. The decision to
suspend arraignment to await the resolution of an appeal with the Secretary of Justice is
an exercise of such discretion (Solar Team Entertainment Inc., v. How, G.R. No. 140863,
August 22, 2000).

Remedies available before arraignment

● Bill of Particulars
○ Section 9, Rule 116
■ The accused may, before arraignment, move for a bill of particulars to
enable him properly to plead and prepare for trial. The motion shall
specify the alleged defects of the complaint or information and the details
desired.
○ A bill of particulars is the further specification of the charges or claims in an
action, which an accused may avail of by motion before arraignment, to enable
him to properly plead and prepare for trial.
○ Purpose is to enable an accused:
■ to know the theory of the government’s case;
 ■ to prepare his defense and to avoid surprise at the trial;
■ to plead his acquittal or conviction in bar of another prosecution for the
same offense; and
■ to compel the prosecution to observe certain limitations in offering
evidence
○ The general function of a bill of particulars, whether in civil or criminal
proceedings
■ to guard against surprises during trial. It is not the function of the bill to
furnish the accused with the evidence of the prosecution.
■ The prosecutor shall not be required to include in the bill of particulars
matters of evidence relating to how the people intend to prove the
elements of the offense charged or how the people intend to prove any
item of factual information included in the bill of particulars.
● Suspension of Arraignment
○ Upon motion by the proper party, the arraignment shall be suspended in the
following cases:
1. The accused appears to be suffering from an unsound mental condition
which effectively renders him unable to fully understand the charge
against him and to plead intelligently thereto;
2. There exists a valid prejudicial question;
3. A petition for review of the resolution of the prosecutor is pending at the
Department of Justice or the Office of the President (Sec. 11, Rule 116);
and
4. There are pending incidents such as:
a. Motion to Quash;
b. Motion for Inhibition; or
c. Motion for Bill of Particulars.
○ NOTE: The period of suspension shall not exceed sixty (60) days counted from
the filing of the petition with the reviewing office (Sec. 11, Rule 116).
○ Procedurally speaking, after the filing of the information, the court is in complete
control of the case and any disposition therein is subject to its sound discretion.
The decision to suspend arraignment to await the resolution of an appeal with the
Secretary of Justice is an exercise of such discretion (Solar Team Entertainment
Inc., v. How, G.R. No. 140863, August 22, 2000).