Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] How is arraignment made? | The arraignment is made in open court by the judge or clerk by (1) furnishing the accused with a copy of the complaint or information, (2) reading the same in the language or dialect known to him, and (3) asking him whether he pleads guilty or not guilty. (SEC. 1) |
| [2] What if the accused refuses to plead or makes a conditional plea? | A plea of not guilty shall be entered for him. (SEC. 1, c) |
| [3] Complete the following: (d) When the accused pleads guilty but presents ___________, his plea shall be deemed withdrawn and ___________________. | (d) When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him.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 is required to appear at the arraignment for what purposes? | (1) Plea bargaining, (2) determination of civil liability, and (3) other matters requiring his presence. (SEC. 1, f) |
| [5] Complete the following: SEC. 2. Plea of guilty to a lesser offense.—At arraignment, the accused, with the _______________, may be allowed by the trial court to plead guilty to a lesser offense which is ____________________. _______________, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. _______________ of the complaint or information is necessary. (sec. 4, cir. 38-98) | SEC. 2. 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 plea of not guilty. No amendment of the complaint or information is necessary. (sec. 4, cir. 38-98) |
| [6] What must the court do when the accused pleads guilty to a capital offense? | The court must (1) conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea, (2) require the prosecution to prove his guilt and the precise degree of culpability. (SEC. 3.) |
| [7] When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties. For what purpose? | To determine the penalty to be imposed. (SEC. 4) |
| [8] When may the court permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty? | At any time before the judgment of conviction becomes final. (SEC. 5) |
| [9] SEC. 5. 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. Before arraignment, the court shall inform the accused of his right to counsel and ask him if he desires to have one. The court must assign a counsel de oficio to defend him unless ___________ | (1) The accused is allowed to defend himself in person or (2) has employed counsel of his choice. (SEC. 6) |
| [10] Complete the following: SEC. 7. Appointment of counsel de oficio.—The court, considering the __________ and the ____________________, shall appoint as counsel de oficio such members of the bar in good standing who, by reason of their experience and ability, can competently defend the accused. | SEC. 7. Appointment of counsel de oficio.—The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio such members of the bar in good standing who, by reason of their experience and ability, can competently defend the accused. |
| [11] Can the court appoint as counsel de oficio a person who is not a member of the bar? | In localities where such members of the bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. (SEC. 7) |
| [12] The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. What should the motion specify? | (1) alleged defects of the complaint or information, and (2) the details desired. (SEC. 9) |
| [13] Complete the following: SEC. 10. Production or inspection of material evidence in possession of prosecution.—Upon motion of the accused showing __________ and with __________, the court, in order to prevent ____________________, may order the prosecution to produce and permit the inspection and copying or photographing of any __________ given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things not otherwise __________, which constitute or contain evidence ____________________ and which are in possession or under the control of the prosecution, police, or other law investigating agencies. |
SEC. 10. Production or inspection of material evidence in possession of prosecution.—Upon motion of the accused showing good cause and with notice to the parties, the court, in order to prevent surprise, suppression, or alteration, may order the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things not otherwise privileged, which constitute or contain evidence material to any matter involved in the case and which are in possession or under the control of the prosecution, police, or other law investigating agencies. |
| [14] Complete the following: SEC. 11. Suspension of arraignment.–Upon motion by the proper party, the arraignment shall be suspended in the following cases: (a) The accused appears to be suffering from an ___________ which effectively renders him unable to fully understand the charge against him and to ___________ thereto. In such case, the court shall order his mental examination and, if necessary, his ___________ for such purpose; (b) There exists a ___________; and (c) 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 ______________________. | SEC. 11. Suspension of arraignment.–Upon motion by the proper party, the arraignment shall be suspended in the following cases: (a) 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 mental examination and, if necessary, his confinement for such purpose; (b) There exists a prejudicial question; and (c) 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. |