Rule 116-119.docx

RULE 116: ARRAIGNMENT AND PLEA

Definition:

• 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

Note: It is an indispensable requirement of due process and thus, cannot be regarded lightly or brushed aside peremptorily.

Effect of absence:

• results in the nullity of the proceedings before the trial court

Duty of court before arraignment:

1. inform the accused of his right to counsel
2. ask him if he desires to have one
3. must assign a counsel de oficio to defend him

The accused will not be assigned a counsel de oficio only if:

1. he is allowed to defend himself in person
2. has employed a counsel of his choice

Who will be assigned as counsel de oficio?

1. members of the bar in good standing who can competently defend the accused
2. if not available: any person or resident of good repute to defend the accused

Options of the accused before arraignment and plea:

1. Bill of particulars

• may move to enable him to properly plead and prepare for trial

Must specify:

• the alleged defects of the complaint or information
• the details desired

Example:

• If the information bears only the month and year of the incident complained of

Note:

• Failure to do so amounts to a waiver of the defect or detail desired in the information.
• A motion for bill of particulars which does not conform to Sec. 9 of Rule 116 is a prohibited motion.

1. Suspension of arraignment in the ff. cases:
2. if accused is suffering from an unsound mental condition
3. there is a petition for review of the resolution of the prosecutor which is pending either the Department of Justice or Office of the President
4. there exists a prejudicial question

1. Motion to quash (any time before entering his plea) – any grounds under Section 3 of Rule 117
2. facts charged do not constitute an offense
3. no jurisdiction over the offense
4. no jurisdiction over the person accused
5. officer who filed the information has no authority to do so
6. does not conform substantially to the prescribed form
7. more than one offense is charged except when a single punishment for various offenses is prescribed by law
8. that criminal action or liability has been extinguished
9. that it contains averments which if true, would constitute a legal excuse or justification
10. that the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.
11. challenge the validity of arrest or legality of the warrant issued to assail the regularity or question the absence of a preliminary investigation of the charge

XPN: objection against an arrest or the procedure in the acquisition by the court of jurisdiction over the person of an accused should be made before the arraignment.

The arraignment of the accused constitutes a waiver of the right to preliminary investigation or reinvestigation. Such waiver is tantamount to finding of probable cause.

Arraignment under an amended information; substituted information

1. Where the accused has already been arraigned and subsequently, the information was substantially amended, an arraignment on the amended information is mandatory.

If he is not arraigned and is convicted under the second information, the conviction constitutes reversible error.

1. Where the amendment is only as to form, there is no need for another preliminary investigation and the retaking of the plea of the accused.

e.g. change of date of the commission of the crime

Such amendment does not change the nature of the crime and does not affect the essence of the offense or deprived the accused of an opportunity to meet the new averment and is not prejudicial to the accused.

1. In substitution of information, another preliminary investigation is entailed and the accused has to plead anew to the new information.

HOW ARRAIGNMENT AND PLEA ARE MADE

Where arraignment is to be made

• must be arraigned before the court where the complaint or information was filed or assigned for trial

How arraignment is made

• made in an open court by the judge or clerk by furnishing the accused with 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.

Waiver of reading of the information

• may allow a waiver of the reading of the information upon the full understanding and express consent of the accused and counsel, which consent shall be expressly stated in both the minutes or certificate of the arraignment and order of the arraignment.

When arraignment is to be made

1. Schedule

if detained: 10 calendar days from the date of the court’s receipt of case

if not detained: 30 calendar days from the date the court acquires jurisdiction

1. Notice of Arraignment and Pre-trial

• sent to those necessary for purposes of plea-bargaining, arraignment, and pre-trial

Note: When the case is subject to the Rule on Summary Procedure, the arraignment and preliminary conference shall be held simultaneously.

If the accused does not enter a plea of guilty to a lesser offense or to the offense charged in the information, the court shall immediately proceed with the arraignment and the preliminary conference, and thereafter refer the case to mediation, if the case is on subject to mediation.

Arraignment after submission of the case for decision

• An arraignment can be made after a case has been submitted for decision.

Record of arraignment

• shall be made of record, but failure to do so shall not affect the validity of the proceedings.

Presence of the accused

• must be present at the arraignment and must personally enter his plea

Presence of the offended party

• The private offended party shall be required to appear at the arraignment for the ff. purposes:

1. plea bargaining
2. determination of civil liability
3. other matters requiring his presence

In case the offended party fails 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.

When plea of not guilty shall be entered

1. Aside from actual plea of not guilty, a plea of not guilty shall be entered for the accused if:
2. refuses to plead
3. makes a conditional plea
4. pleads guilty but presents exculpatory evidence in which case guilty plea shall be deemed withdrawn and a plea of not guilty shall be entered
5. if an accused admits the truth of some or all the allegations in the information, but interposes additional facts which would relieve him from criminal liability.
6. if the plea of guilty is not definite or ambiguous or not absolute
7. when the accused admits the facts in the information but alleges that he performed the acts as charged because he feared for his life
8. The accused, by entering a plea of not guilty, submit himself to jurisdiction of the trial court, thereby curing any defect in his arrest. Hence, he has already waived his right to question the legality of the arrest.

However, such submission does not bar him from questioning the admissibility of the evidence.

1. A plea is not to be considered conditional if it amounts to a plea for leniency in the imposition of a penalty.
2. When the accused pleads guilty provided he is given a lesser penalty, it is not a plea to lesser offense. It is a plea that made conditions on the penalty to be imposed.

Hence, an accused may not foist a conditional plea of guilty on the court by admitting his guilt provided that a certain penalty will be meted unto him.

Plea of guilty

• judicial confession of guilt; an admission of all the material facts alleged in the information including the aggravating circumstances alleged

XPN to admission of aggravating circumstances:

• if circumstances are disproved by the evidence

Requisites of plea of guilty to a lesser offense:

Note: Plea bargaining does not apply to drug cases.

1. lesser offense is necessarily included in the offense charged
2. must be with consent of both the offended party and the prosecutor

In victimless crimes (no private offended party), the presence of the arresting officer in court is required.

Note:

• not demandable by the accused as matter of right or a compromise for convenience of accused
• a matter addressed entirely to the sound discretion of trial court
• An offense may be said to be necessarily included in another when the essential ingredients of the former constitute or form part of these constituting of the latter.

When plea of guilty to lesser offense may be made

• Plea bargaining is allowed during the arraignment, the pre-trial, or even up to the point where the prosecution already rested its case.
• When there is a plea of guilty to a lesser offense and the same was allowed by the court, there is no need to amend the information or complaint.

Plea of guilty to a capital offense

A capital offense is one which is punishable to death.

When the accused pleads guilty to a capital offense, the court is mandated to perform the following acts:

1. to conduct a searching inquiry
2. to ascertain the voluntariness of the plea
3. to ascertain whether the accused has fully comprehended the consequences of his plea
4. to require the prosecution to move the ff:
5. the guilt of the accused
6. the precise degree of his culpability
7. to ask the accused if he wishes to present evidence in his behalf and be allowed to do so if he desires

Purpose: to avoid improvident pleas of guilt on the accused where grave crimes are involved

Guidelines of searching inquiry

1. ascertain the accused himself:
2. how he was brought into the custody of the law
3. whether he had the assistance of a competent counsel during custodial and preliminary investigations
4. under what conditions he was detained and interrogated during the investigation
5. ask the defense counsel a series of questions as to whether he was conferred with and completely explained to meaning and consequences of plea of guilty
6. elicit information about the personality profile of the accused
7. inform the accused the exact length of imprisonment and nature of the penalty under the law and the certainty that he will serve such sentence
8. inquire if the accused knows the crime which he is charged and fully explain to him the elements of the crime

Note:

• All questions posed to the accused should be in a language known and understood by the latter.
• The trial judge must satisfy himself that the accused is truly guilty.

Plea of guilty to a non-capital offense:

1. When he pleads guilty, the court may receive evidence from the parties to determine the penalty to be imposed.

He cannot invoke a searching inquiry.

Where no plea bargaining or plea of guilty takes place

• If there is no plea of guilt, the court shall immediately proceed with the arraignment and pre-trial.

Improvident plea of guilty

1. 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.
2. If there is a failure on searching inquiry, the plea of guilty is deemed made improvidently and rendered inefficacious.
3. Convictions based on improvident plea of guilty are set aside only if such plea is the sole basis of the judgment.

If the trial court relied on sufficient evidence, the same must be sustained because the conviction was not based on the guilty plead of the accused.

Production or inspection of material evidence

• The court is authorized to issue an order to the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses.
• It shall be allowed upon motion of the accused with notice to the parties to prevent surprise, suppression, or alteration of the evidence.

RULE 118: PRE-TRIAL

• proceeding conducted before the trial

Purpose:

1. plea bargaining
2. stipulation of facts
3. marking for identification of evidence of the parties
4. waiver of objection to admissibility of evidence
5. modification of the order of trial if the accused admits the charged but interposes a lawful defense
6. such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case

On Evidence

GR: No evidence shall be allowed to be presented and offered during the trial other those identified or marked during the trial

XPN: when allowed by court for good cause shown.

Courts where pre-trial is mandatory:

• In all criminal cases cognizable by the following courts:

1. Sandiganbayan
2. RTC
3. MTC

When should pre-trial be held?

1. detained accused: within 10 days from date of the court’s receipt of case
2. non-detained accused: within 30 days from date the court acquires jurisdiction

Absence of parties in the pre-trial

• Court will still proceed with pre-trial regardless of absence of the accused or private complainant provided that they are duly notified.
• However, counsel for accused and prosecutor must be present or else sanctions will be imposed if there is no acceptable excuse.

Duty of the Branch Clerk of Court

1. assist the parties in reaching a settlement of civil aspect
2. mark the documents to be presented as exhibits and copies attached to records for comparison
3. ascertain from the parties the undisputed facts and admissions
4. consider such other matter that may aid the prompt disposition

Note: Proceedings shall be recorded in the minutes of Preliminary Conference signed by both parties and counsel.

Duty of the judge

Before pre-trial:

• study the allegations in the information, the statements in the affidavits of witnesses, and other documents

When plea bargaining is agreed upon:

1. Consider the plea-bargaining arrangements.

XPN: cases in violation of Comprehensive Dangerous Drugs Act of 2002

1. If agreed upon,

• issue an order to that effect
• proceed to receive evidence
• render and promulgate judgment of conviction including civil liability

When plea bargaining fails:

1. adopt the minutes of the preliminary conference as part of the pre-trial proceedings
2. confirm the markings of the exhibits
3. admissions of genuineness and due execution of documents
4. list object and testimonial evidence
5. scrutinize allegation in the information
6. define factual issues
7. ask parties to agree on specific dates for trial
8. require parties to submit details of witnesses
9. consider modification of trial

Stipulations in pre-trial:

• done with the active participation of the court itself and shall not be left alone with the counsels
• require the parties to enter into stipulations on the subject of both direct and cross-examination of witnesses who have no personal knowledge of the material facts

e.g. foreign chemists, medico-legal officers, investigators, custodians, auditors, accountants, engineers, expert witnesses

Note: The judge shall be the one to ask the questions on issues raised therein and all questions must be directed to him.

• If stipulations cannot be had in full, where the adverse party does not waive the right to cross-examination, the subject of the direct testimony of these witnesses should be stipulated upon.

Effect of pre-trial:

• The judge shall issue a pre-trial order within 10 days after the termination of the pre-trial.
• The order shall be immediately served upon the parties and counsel on the same day after the termination of the pre-trial.
• It shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial.

XPN: if modified by the court to prevent manifest justice

MEDIATION

The ff. cases shall be referred to mediation on the civil liability if a settlement has been reached earlier in the pre-trial:

1. Crimes where payment may prevent criminal prosecution or may extinguish criminal liability
2. BP Blg 22
3. SSS Law
4. Pag-ibig Law
5. Crimes against property under Title 10
6. Theft
7. Estafa
8. Other forms of swindling
9. Swindling of a minor
10. Malicious Mischief
11. Crimes against honor where the liability may be civil in nature
12. Libel
13. Threatening to publish and offer to present such publication for compensation
14. Prohibited publication
15. Grave slander
16. Simple slander (Oral defamation)
17. Grave slander by Deed
18. Simple Slander by Deed
19. Incrimination innocent person
20. Intriguing against honor
21. Criminal negligence under Title 14 where liability may be civil in nature
22. Intellectual property rights cases where liability may be civil in nature

Note:

• Referral of case for mediation shall be made only after conduct of the arraignment and pre-trial.
• The mediation shall be terminated within a non-extendible period of 30 calendar days from date of referral.
• Criminal cases subject to the Rule on Summary Procedure shall not be referred to mediation.

DISCOVERY PROCEDURES IN CRIMINAL CASES

• There is no rule which precludes the use of relevant modes of discovery in a criminal case.

Art. 100, Civil Code. A person criminally liable for a felony is also civilly liable.

Authority conferred to court:

• order a mental examination of the unsound mental condition of the accused and to order his confinement
• allow the conditional examination of witnesses of both the defense and prosecution before trial on the ground that:

1. witness is sick or inform to not be able to appear in trial
2. resides more than 100 kms from the place of trial and has no means to attend
3. similar circumstances exist that would make him unavailable

Note:

• It must take place before the court and cannot be taken outside the Philippines.
• Taking of deposition in criminal cases is addressed to judicial discretion in a reasonable manner and consonance with the spirit of the law.

RULE 119: TRIAL

When trial shall commence

• not later than 30 days from the termination of the pre-trial conference

Hearing days and calendar call

Trial: held from Monday to Thursday, 8:30 am and 2 pm

Hearings: Friday morning

Schedule of trial dates

• continuous and within the periods in regular or special rules
• must be prepared during arraignment and pre-trial proper; final and intransferrable

Time to prepare of trial

• at least 15 days after a plea of not guilty is entered

Trial period

• must not exceed 180 days from the first day of trial

Time limit under speedy trial act (RA 8493)

• a period within which trial must be completed; if the trial is not completed within such period, there is an inordinate delay, and which shall be a ground of dismissal for case.

Motion for continuance

• granted if continuing the proceeding is impossible or would result in a miscarriage of justice

Prohibited grounds:

1. congestion of the court’s calendar
2. lack of diligent preparation
3. failure to obtain available witnesses on the part of the prosecutor

Motion for postponement

GR: prohibited

XPN:

1. acts of God
2. force majeure
3. physical inability of the witness to appear and testify

Note:

• Moving party shall be warned the the presentation of its evidence must still be finished on the dates previously agreed upon.
• The motion for postponement should be accompanied with original receipt from Clerk otherwise it will not be accepted.

Effect of not bringing the accused

• may dismissed upon motion of accused however he has the burden to prove the ground for his motion
• Prosecutor has the burden of going forward with the evidence that delay belongs to the exclusion of time.

In case of dismissal on the ground of denial of the right to speedy trial, the dismissal shall be subject to the rules on double jeopardy.

Note: Motion must be made prior to trail or else it shall be deemed a waiver of right to have the charge dismissed.

Delays to be excluded in computing the period of the commencement of the trial:

1. examination of the physical and mental condition of the accused
2. proceedings with respect to other criminal charges against accused
3. extraordinary remedies against interlocutory orders
4. pre-trial proceedings provided that the delay does not exceed 30 days
5. orders of inhibition or proceedings relating to change of venue or transfer of courts
6. finding the existence of a prejudicial question
7. reasonably attributable to any period not to exceed 30 days during which accused is actually under advisement
8. absence or unavailability of an essential witness
9. mental incompetence or inability of accused to stand trial
10. delay from the date the charge was dismissed to the date of time limitation
11. accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction
12. continuance granted by any court motu proprio meaning on motion of either accused or his counsel or the prosecution

When delay or suspension of trial is justified by reason of the absence of witness

• To justify, the witness should be essential or important to the highest degree:

1. his whereabouts are unknown
2. his whereabouts cannot be determined by due diligence
3. his whereabouts are known but his presence for the trial cannot be obtained by due diligence

Note: Every court is required to adhere to the rule that witness has to be fully examined in one day. (One day examination witness rule)

How to secure appearance of material witness

1. secure an order from the court for a material witness to post bail
2. If witness refuses to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken.

GR: Several accused in the same crime shall be tried jointly.

XPN: if co-accused is discharge as a state witness

Discharge of the accused to be a state witness

Note:

• There can be more than one state witness.
• Hearing shall be held for the purpose of determining that the applicant is not the most guilty in the crime.

The following conditions must be present:

1. two or more accused are jointly charged with the commission of an offense
2. the motion for discharge is filed by the prosecutor before it rests its case
3. prosecution is required to present evidence and sworn statement of each proposed witness
4. accused gives his consent to be a state witness
5. the trial court is satisfied that:
6. there is absolute necessity of testimony
7. no other direct evidence available
8. testimony is substantially corroborated by other evidence
9. accused does not appear to be the most guilty
10. accused has not at any time been convicted of any offense

Note:

• Two or more accused shall be tried jointly unless the court in its discretion and upon motion of prosecutor orders a separate trial for one or more of the accused.
• The decision to employ the accused as a state witness must necessarily originate from the public prosecutors.
• Courts should generally defer to the judgment of the prosecution and deny a motion to discharge an accused so he can be used as a state witness only in clear cases of failure to meet the requirements mentioned above.

Evidence adduced during the discharge hearing

• shall automatically form part of the trial

If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible as evidence.

Effect of discharge of an accused to be state witness

• shall amount to an acquittal and shall be a bar to another prosecution for the offense

If motion for the discharge of the accused is rightfully denied, the proposed state witness shall be prosecuted like his co-accused.

Mistake in charging the proper offense during the trial

• If the mistake has become manifest at any time before judgment, the accused cannot be convicted of the offense charged or any other offense included therein.
• The court shall order the filing of a new information. Upon filing such information, the court shall dismiss the original case and shall commit the accused to answer for the proper offense.
• The accused shall not be discharged if there appears to be a good cause to detain him.

Note: This is substitution, NOT amendment.

Order of trial

1. The prosecution shall present its evidence first to prove the charge and civil liability in the case.
2. The accused may present his evidence to prove the defense.
3. The prosecution may present its rebuttal evidence, unless the court allows it to present additional evidence hearing on the main issue.
4. The accused may present sur-rebuttal evidence unless the court allows it to present additional evidence hearing on the main issue.
5. Upon submission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.

Reverse trial: Defense/Counsel – present accused - prosecution – present witness of prosec

Modification of order of trial

• when the accused admits the act or omission charged in the complaint or information but interposes a lawful defense.

Conditional examination of witnesses (examined in advance)

Of the accused before trial:

• allowed even before trial by filing a motion to that effect and with notice to the other parties

To justify, accused has to show:

• the witness is sick or infirm that there is a reasonable ground to believe that he will not be able to attend
• the witness resides more than 100 kms from the place of trial and has no means to attend
• similar circumstances that would make the witness unavailable during trial

For the prosecution:

Allowed when:

• the witness is too sick or infirm
• the witness has to leave the Philippines with no definite date of returning

Evidence may either be:

• testimonial or documentary – writings that are to prove the truth of the facts stated in the document itself
• object – those subject in our senses
• electronic – evidence contained or transmitted automatically

Form of testimony during trial

1. duly subscribed written statements of law enforcement officers
2. affidavits or counter-affidavits submitted before the investigating prosecutor

• For MTC, testimony may be in form of judicial affidavits
• For RTC and other second level courts, testimony must be oral.

It is possible to adopt judicial affidavits if there is consent of the accused.

• In all other cases where the culpability of the accused is based on the testimonies of the alleged eyewitnesses, the testimony of the witnesses shall be in oral form.

Reopening of the proceedings

The following requirements must be followed:

1. the reopening must be done before the finality of judgment or conviction
2. issued by the judge on his own initiative or upon motion (with notice and hearing)
3. issued only after a hearing is conducted
4. intends to prevent miscarriage of justice
5. presentation of further evidence should be terminated within 30 days from issuance of the order

Trial in absentia (may be tried even during the absence of accused)

Accused may only be tried in absence when the ff. requisites concur:

1. the accused has already been arraigned
2. the accused has been duly notified of the trial and hearings
3. the absence of the accused or his failure to appear is unjustified

Instances when the presence of the accused is required

1. arraignment and plea (must personally enter his plea)
2. during trial, whenever necessary for identification purposes
3. at the promulgation of sentence unless it is for a light offense

What if he is absent during promulgation and it is unjustified?

• Case is still promulgated as long as he is notified. (trial in absentia); right to question the judge or file appeal or motion for reconsideration is already waived.

Offer of evidence

• required to make his or her oral offer of evidence on the same day after the presentation of last witness and opposing party is required to interpose immediately
• Counsel shall cite the specific page numbers of court record where exhibits are found and ensure that they are submitted on the same day of the offer

Lack of formal evidence

GR: No evidence shall not be considered unless formally offered.

XPN: Formal offer is not necessary if:

1. evidence was duly identified by testimony duly recorded
2. the evidence was incorporated in the records of the case

Note:

• In the absence of counsel de parte, the hearing shall proceed upon appointment by the court of a counsel de officio.
• The submission of memoranda is discretionary and non-extendible and it shall not suspend the period of promulgation of the decision.

C. DEMURRER TO EVIDENCE

Definition: motion to dismiss that is filed by the accused after the prosecution has rested its case

When is it filed

• may demur the evidence during the trial and particularly after the prosecution has rested its case

In order to determine whether what should be filed is a demurrer or motion to dismiss

• the allegations must be made in good faith
• the stage of the proceeding it is filed
• the primary objective for filing

Ground for filing demurrer

• The accused challenges the insufficiency of the entire evidence of the prosecution and asserts that the prosecution failed to prove the guilt of the accused beyond reasonable doubt.

e.g. elements constituting rape were not proven

Note: Violation of speedy trial is not a ground for demurrer.

How to dismiss demurrer

To defeat the demurrer, the prosecution must show that there is sufficient evidence to sustain the case through:

1. the commission of the crime
2. the precise degree of participation therein by the accused

The grant or denial is left to the sound discretion of the trial court, and its ruling on the matter shall not be disturbed in the absence of a grave abuse of discretion.

Note: The court may also dismiss the action on the ground of insufficiency of evidence even without the demurrer after giving the prosecution an opportunity to be heard.

The demurrer filed by the accused may be with leave of court or without leave of court.

Demurrer to evidence by the accused with leave of court

Effect of results:

1. if granted, it will result to acquittal and can no longer be appealed after because it will be double jeopardy.
2. if not, the accused may adduce evidence in his defense then appeal in case he is convicted

Demurrer to evidence by the accused without leave of court

Effect of results:

1. if granted, it will result to acquittal
2. if denied, accused waives the right to present the evidence and submits the case for judgment as basis of the evidence for the prosecution

Guidelines for continuous trial in criminal case

1. after the prosecution has rested its case, the court shall inquire from the accused if he or she desires to move for leave of court to file a demurrer to evidence or proceed to presentation of evidence.
2. if accused orally moves to file for demurrer, the court shall resolve the same.
3. if motion for leave is denied, the court shall issue an order to present and terminate evidence and orally offer to rest the case on the day his last witness is presented.
4. if despite denial, the accused insists on filing, the previously scheduled dates to present evidence shall be cancelled.
5. the demurrer shall be filed within 10 days and comment shall be given with the same period.
6. if motion is granted and the subsequent demurrer is denied, the accused shall still present evidence and if court denies rebuttal, the case shall be submitted for decision.

Review of an order granting a demurrer

• CA may review demurrer granted by trial court through Rule 65
• SC may review CA’s decision through certiorari under Rule 45 if CA finds no GAOD

Trial court must show that there is GAOD resulting to lack of jurisdiction as where the prosecution is not given the opportunity to present its case. Certiorari will not apply to correct errors of judgment.

Review of an order denying a demurrer

• NOT reviewable by certiorari

TRIAL IN PUBLIC

• public in nature but anyone and everyone can attend, however the judge may order people out of the courtroom where the subject has sensitive information.

CASES MENTIONED:

ARRAIGNMENT & PLEA

TO A LESSER OFFENSE: ELEMENTS

TO A CAPITAL OFFENSE; RECEPTION OF EVIDENCE

IMPROVIDENT PLEA OF GUILTY

IMPORTANCE OF ARRAIGNMENT

PRE-TRIAL

PRE-TRIAL AGREEMENT: PLEA BARGAINING

RIGHTS OF THE ACCUSED AND TRIAL

DISCHARGE OF ACCUSED TO BE STATE WITNESS AND (RA 6981 OR THE WITNESS PROTECTION, SECURITY AND BENEFIT ACT OF 1991)

DEMURRER OF EVIDENCE

REOPENING OF TRIAL PROCEEDING

FORMAL OFFER OF EVIDENCE