In one of my earliest columns, I discussed that the issuance and service of a warrant of arrest is necessary in order for the court to acquire jurisdiction over the person or someone who is being charged with a felony and before trial may commence. But what would happen next once a person is served with a warrant of arrest? What is the first step in the conduct of a trial?
In this week’s column, we will be focusing on the initiatory proceeding in hearing or trying a criminal case which is arraignment and plea.
To begin with, arraignment is the accused’s first opportunity to know the precise charge pressed against them. During the arraignment, the accused or the person being charged of a crime is informed of the reason for his or her indictment, the specific charges he or she is bound to face, and the corresponding penalty that could be possibly meted against him or her.[1]
Hence, arraignment is not a mere formality, but a legal imperative to satisfy the constitutional requirements of due process. Arraignment is indispensable in bringing the accused to court and notifying him of the nature and cause of the accusations against him. The importance of arraignment is based on the constitutional right of the accused to be informed. It is only imperative that he is thus made fully aware of the possible loss of freedom, even of his life, depending on the nature of the imputed crime.[2]
Due process in criminal prosecutions requires that an accused be “informed of the nature and cause of the accusation against him,” a right enshrined in our very Constitution. This constitutional mandate is reinforced in the procedural rules instated to safeguard the rights of the accused. Arraignment is one of these safeguards. Due process requires that the accusation be in due form and that the accused be given the opportunity to answer the accusation against them. As their liberty is at stake, the accused should not be left in the dark about why they are being charged and must be apprised of the necessary information as to the charges against them.[3]
Under Section 1, Rule 116 of the Rules of Court, 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.
Plea, on the other hand, is the formal answer made by the accused after having been read by the charges against him or her as stated in the Information. The accused may plead “guilty” or “not guilty”.
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. When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him. 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.[4]
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.[5]
Section 2 of Rule 116 states, at arraignment, the accused, with the consent of the offended party and 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 plea of not guilty.
In this jurisdiction, plea bargaining has been defined as a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval. There is a give-and-take negotiation common in plea bargaining. The essence of the agreement is that both the prosecution and the defense make concessions to avoid potential losses. Properly administered, plea bargaining is to be encouraged because the chief virtues of the system – speed, economy and finality – can benefit the accused, the offended party and the court.[6]
When the accused pleads guilty to a capital offense (those crimes punishable by death, life imprisonment and reclusion perpetua), the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.
In all these proceedings, the accused should be assisted by counsel of his or her choice. If he or she cannot afford the services of a counsel, the court shall appoint a counsel de officio to represent such a person.
[1]G.R No. 227777
[2] Idem
[3] Idem
[4] Rule 116 of the Rules of Court
[5] Idem
[6] G.R No. 227777