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?
- Counsel may always replace the accused at arraignment
- The accused must be present and personally enter the plea; counsel's familiarity does not by itself satisfy those requirements
- The complainant may cure absence by agreeing
- The prosecutor may sign a guilty plea for the absent accused
- 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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