Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Arraignment and Plea (Rule 116)

1. Purpose of Arraignment

ARRAIGNMENT

It 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. (Taglay v. Daray, G.R. No. 1642258, 2012)

Purpose:

It is indispensable in bringing the accused to court and in notifying him of the nature and cause of the accusations against him. Its importance is based on the constitutional right of the accused to be informed. Procedural due process requires that the accused be arraigned so that he may be informed of the reason for his indictment, the specific charges he is bound to face, and the corresponding penalty that could be possibly meted against him. It is at this stage that the accused, for the first time, is given the opportunity to know the precise charge that confronts him. 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 (Kummer v. People, G.R. No. 174461, 2013).

Absence of Arraignment

GR: Judgment is void if accused has not been validly arraigned.

XPN: If accused went into trial without being arraigned, subsequent arraignment will cure the error provided that the accused was able to present evidence and cross-examine the witnesses of the prosecution during trial.

Purpose

To give the defendant the necessary knowledge of the charge to enable him to prove his defense. The State should not heap upon the defendant two or more charges which might confuse him in his defense.

Authorities

  • Kummer v. People, G.R. No. 174461, 11 September 2013
  • Taglay v. Daray, G.R. No. 1642258