Philippine Bar review · Question

Practice question: Purpose of Arraignment

Multiple Choice Hard

Practice question

The accused is absent from arraignment. His lawyer announces a not-guilty plea for him and argues that counsel's familiarity with the information completely substitutes for the accused's presence and personal plea. Under Rule 116, which is correct?
  1. Counsel may always replace the accused at arraignment
  2. The accused must be present and personally enter the plea; counsel's familiarity does not by itself satisfy those requirements
  3. The complainant may cure absence by agreeing
  4. The prosecutor may sign a guilty plea for the absent accused
  5. Arraignment is unnecessary whenever an information is detailed

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 §§1–8 (arraignment, pleas, searching inquiry, counsel); Rule 115 §1.
  • https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III §§12 and 14 (custodial safeguards and right to be informed of the accusation).

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