6. Suspension of Arraignment

Appeals to the Secretary of Justice

The prosecutor’s ruling is reviewable by the Secretary of Justice who has the power to reverse, modify, or affirm the prosecutor’s determination. (Shu v. Dee, G.R. No. 182573, Apr. 23, 2014)

The appeal does not prevent the filing of the corresponding information in court based on the finding of probable cause in the appealed resolution, unless the Secretary of Justice directs otherwise. However, the pending resolution of the appeal, the appellant and prosecutor shall see it to it that the proceedings in court should are held in abeyance (Sec. 9, DOJ Department Circular No. 70)

The party filing a petition for review of the resolution of the prosecutor is allowed to file a motion for the suspension of arraignment (Rule 116, Sec. 11(c))

Note: If the information has already been filed in court, any motion for reinvestigation of the resolution recommending the filing of the information will be considered a prohibited motion if filed without prior leave of court. (Revised Guidelines for Continuous Trial of Criminal Cases)

Grounds for Suspension of Arraignment

• There exists a prejudicial question
• Accused appears to be suffering from an unsound mental condition which renders him unable to understand the charge against him and to plead intelligently thereto.
• There is a petition for review pending before the DOJ or Office of the President, however the period of suspension shall not exceed 60 days counted from the filing of the petition for review.

The suspension of the arraignment should always be within the limits allowed by law (ABS-CBN v. GMA, Felipe Gozon, G.R. No. 195956, 2015)

While the pendency of a petition for review is a ground for suspension of the arraignment, the Rules on Criminal Procedure limits the deferment of the arraignment to a period of 60 days reckoned from the filing of the petition with the reviewing office. It follows, therefore, that after the expiration of said period, the trial court is bound to arraign the accused or to deny the motion to defer arraignment. The trial court has to set the date of arraignment even before the lapse of 60 days. (Aguinaldo vs. Ventus, GR No. 176033, 2015)

Note: Other grounds for suspension include pending incidents like motion to quash, motion for inhibition, motion for bill of particulars.