file:crimpro_part1_ivc_chki.htm

3. Common Procedures in First and Second Level Courts

Checklist I

Things To Do At The
Arraignment Of The Accused118

1. 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.

2. The accused must be present at the arraignment and must personally enter
his/her plea. Both arraignment and plea shall be made of record, but failure to
do so shall not affect the validity of the proceedings.

3. Before the reading of the Information, where the accused is not assisted
by counsel de parte, inform him/her of his/her right to counsel of his
own choice and inquire from him if he/she desires to engage his/her own
counsel. Unless the accused is allowed to defend himself in person, and the
accused is amenable to a counsel de oficio, appoint a competent and
responsible counsel de oficio for him.

4. Whenever a counsel de oficio is appointed by the court to defend
the accused at the arraignment, he shall be given a reasonable time to consult
with the accused as to his/her plea before proceeding with the arraignment.

5. When the accused refuses to plead or makes a conditional plea, a plea of
not guilty shall be entered for him.

6. When the accused pleads guilty but presents exculpatory evidence, his/her
plea shall be deemed withdrawn and a plea of not guilty shall be entered for
him.

7. 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/her 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.119
Unless the civil action has been reserved, waived or otherwise instituted
ahead, reset the case for the reception of evidence to determine the civil
liability and the imposable penalty.

8. Plea of guilty to a lesser offense

At arraignment, the accused, with the consent of the offended party and the
prosecutor, may be allowed by the trial court to plead guilty to a lesser
offense which is necessarily included in the offense charged. After arraignment
but before trial, the accused may still be allowed to plead guilty to said
lesser offense after withdrawing his/her plea of not guilty. No amendment of
the complaint or information is necessary.120

9. Plea of guilty to capital offense;
reception of evidence

When the accused pleads guilty to a capital offense, the court (a) shall
conduct a searching inquiry into the voluntariness and full comprehension of
the consequences of his/her plea and (b) shall require the prosecution to prove
his/her guilt and the precise degree of culpability. The accused may present
evidence in his/her behalf.

10. 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.

11. 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.

12. If a ‘Not Guilty’ plea is entered, schedule the pre-trial of the case
with due notice to the offended party/arresting officer.

13. If the accused is under preventive detention, the pre-trial conference
of the case shall be held within ten (10) days after arraignment.

14. In other cases, unless a shorter period is provided by special law or
Supreme Court circular, the arraignment shall be held within thirty (30) days
from the date the court acquires jurisdiction over the person of the accused.
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.121

15. If the accused appears to be suffering from an unsound mental condition
which effectively renders him/her unable to fully understand the charge against
him/her and to plead intelligently thereto, suspend the arraignment and order
the accused’s mental examination; and if necessary, accused’s confinement for
such purpose.

16. Upon motion of the accused, suspension of his/her arraignment may be
allowed on any of the following grounds:

16.1 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. In such
case, the court shall order his/her mental examination and, if necessary,
his/her confinement for such purpose.

16.2 There exists a prejudicial question.

16.3 A petition for review of the resolution of
the prosecutor is pending at either the Department of Justice, or the Office of
the President; provided, that the period of suspension shall not
exceed sixty (60) days counted from the filing of the petition with the
reviewing office.

Note: In People v. Alicando,122
the Supreme Court held that a conviction in capital offenses cannot rest alone
on a plea of guilt. The trial court must require the prosecution to prove the guilt
of the appellant and the precise degree of his/her culpability beyond
reasonable doubt.