Criminal Procedure of the law violated].

May be filed in the prosecutors office or

Etymology: Krimea [Greek]: meaning, “to directly to the court
charge a wrongdoing”
Information
Criminal Procedure 1.An accusation in writing
The method prescribed by law for the 2. Subscribed by the Prosecutor
apprehension and prosecution of persons 3.Filed with the court
accused of any criminal offense, and their
punishment, in case of conviction. Both are:
1. In writing
It is concerned with the procedural steps 2. In the name of the People of the
through which a criminal case passes, Philippines
commencing with the initial investigation of a 3. Directed against all persons who appear to
crime and concluding with the unconditional be responsible for the offense involved.
release of the offender.
Elements of a complaint or information:
It is a generic term used to describe the 1. Formal elements, and
network of laws and rules which govern the 2. Substantive elements.
procedural administration of criminal justice.
It must be:
Criminal Jurisdiction 1. Sufficient in form, and
The authority to hear and decide a particular 2. Sufficient in substance
offense and impose punishment for it. It has
three requisites, namely: Thus, under Section 14, of Rule 110, a
complaint or information may be amended, in
Subject matter – cases of the general class form and in substance .
where the proceedings in question belong as
determined by the nature of the offense and A complaint or information is sufficient in
by the penalty imposed by law; form if it states: [N.D.A.N.A.P.]
Territory – the geographical limits of the 1. The Name of the accused
territory over which the court presides and 2. The Designation of the offense given by
where the offense was committed; and the statute
Person of the accused – acquired thru: 3. The Acts or omissions complained of as
a) arrest [with warrant or warrantless] or constituting the offense
b) voluntary surrender. 4.The Name of the offended party
5. The Approximate date of the commission
I. Prosecution of Offenses of the offense
6. The Place where the offense was
How instituted? committed.
By filing the:
1) Complaint, or 2) Information. A complaint or information is sufficient in
substance if it doesn’t contain any of the
Complaint defects which is a ground for a motion to
A sworn written statement charging a person quash. (Section 3, Rule 117)
with an offense
Executed and Subscribed by the O.P.A.O. Note: A motion to quash, once granted,
[Offended Party, Any peace officer, or Other is equivalent to dismissal (but not
public officer charged with the enforcement acquittal).
 form, is defective in substance? Why?
Remedy if a complaint or information is
defective: No. JP cannot claim that the information is
I. If defective in form defective in substance. This is so because
a) court may dismiss the complaint or “self-defense” is not a ground for a motion to
information motu propio or upon motion, or quash but a matter of defense. If proven,
b) accused may move for a BILL OF self-defense is a basis for acquittal, not
PARTICULARS dismissal.
II. If defective in substance – No obligation is
imposed on the judge to point out the Any explanation or defense which the
duplicitousness or other defect in the defendant may want to invoke can be
indictment on which an accused is being properly raised during trial (Galvez v. CA,
arraigned. It is for the accused to move for a 237 SCRA 685).
motion to quash on the ground that the
complaint or information charges more than Distinction between Acquittal and Dismissal:
one offense, under sanction of waiver and 1. Acquittal is based on MERITS of the
loss of ground of objection (Concurring case (substantive) ex: accused A was found
opinion of CJ Narvasa, People v. Bartulay, innocent of killing B.
192 SCRA 632) 2. Dismissal is based on TECHNICALITY
(procedural) ex: the crime has already
Note: For certain classes of Actions, it is prescribed.
the tribunal having jurisdiction which
automatically determines whether or not the Notes:
papers are in order before giving it due 1. There are certain classes of offenses that
course, meaning, it satisfies itself if the cannot be prosecuted de officio – 1private
complaint or information is sufficient in form offenses, i.e. adultery, concubinage, etc. and
and in substance. 2private libels, i.e. defamation imputing
private offenses.
Examples: 2. For some offenses, there are
Articles of Impeachment in an impeachment conditions precedents before plaintiff
proceedings can repair to the courts for redress [i.e.
Presidential Election Protest those requiring mediation at the “lupong
tagapamayapa”]. However, non-compliance
This is not so in criminal proceedings. It is of this rule is not jurisdictional. The failure of
incumbent upon the accused to object on the plaintiff to comply with the conciliation
substantive defects (People v. Bartulay, requirement of Sec. 40 under the Local
supra). Government Code of 1991 does not affect the
Court’s jurisdiction if no timely objection is
Query: made [San Miguel Village School v.
Pundogar, 173 SCRA 704, Bejar v. CA, 169
JP was charged for indiscriminate firing. He SCRA 566].
claimed that he has to fire his gun in self- 3. All criminal actions, whether
defense because there was an actual threat commenced by filing of complaint or
on his person and the firing of warning shots information, are under the direct control
was reasonably necessary in order to prevent of the prosecutor.
or repel the unlawful aggression directed
against him. Despite this, the fiscal went on Queries:
to file the information in court. May JP claim
that the information, though sufficient in I. A, B, C, D were charged with homicide.
Preliminary investigation was conducted by 1) The State [whose laws he violated]; and
the fiscal who found sufficient evidence 2) The individual [whose person, right,
against all, but, according to his honor, chastity, or property was actually or
determination, D was the least guilty. So the directly injured or damaged by the same acts
fiscal filed the information only against A, B, or omissions].
and C leaving out D whom he would utilize as
state witness. Is the fiscal correct? Excption:
When the infraction falls under the class of
Under the Rules of Court, the fiscal cannot offenses called victimless crimes like
exclude D without court approval. It gambling, betting on illegal cock fights, drug
would be a grave abuse of discretion on the addiction, prostitution, etc. etc. under the
part of the court in not including D in the theory that “the offender himself is his own
information because of the prosecutors victim”.
finding that there is sufficient evidence
against all. There was no more necessity to Sec. 1, Rule 111 - When a criminal action
utilize D as a state witness. is instituted, the civil action for the
recovery of civil liability is deemed
Exeption: instituted with the criminal action unless
Under the Witness Protection Act, the the offended party:
prosecutor has the discretion of Waives the civil action;
discharging an accused as a state Reserves the right to institute it
witness and no court approval is separately; or
necessary. Institutes the civil action prior to the
criminal action
II. Is designation of the offense an essential
element of the complaint or information? Principle of proferrence of criminal action
Why? Give the exception, if any. over civil action:
After the criminal action has been
No. Because in case of conflict between commenced, the separate civil action
the designation of the offense and the arising therefrom cannot be instituted
allegations, the allegation prevails. until final judgment has been entered in
the criminal action.
The exception is when the allegation is so
ambiguous that it may be interpreted to If the criminal action is filed after the said
mean either one or another offense, then the civil action has already been instituted, the
designation of the offense is controlling latter shall be suspended in whatever stage it
(Case of US v. Dixon, where the designation may be found before judgments on the
is for trespassing but the allegations indicates merits xxx.
either trespassing or a possible attempted
rape). Reason for the rule:
Criminal action is based on an offense
II. Prosecution of Civil Action committed against the laws of the State
while civil action is based on an injury to
Basis: individual rights. Public interest is
Art. 100, RPC - Every person criminally liable superior over private one.
is also civilly liable
Exception to the rule of proferrence of
Generally, when a person commits a crime, criminal action over civil action
he offends two entities, namely: When the independent Civil Action is based
on Articles 32, 33, 34 and 2176 of the Civil III. Preliminary Investigation
Code.
When there is a prejudicial question in the Defined
civil case that must be decided first before It is an inquiry or proceeding to
the criminal action can proceed because the determine whether there is sufficient
decision in the civil action is vital to the ground to engender a well-founded
judgment of the criminal case. belief that a crime has been committed
and the respondent is probably guilty
Elements of Prejudicial Question: thereof, and should be held for trial.
The previously instituted civil action involves
an issue similar or intimately related to the When required?
issue raised in the subsequent criminal Before the filing of complaint or information
action, and for an offense where the penalty prescribed
The resolution of such issue determines by law is imprisonment of at least 4 years, 2
whether or not the criminal action may months and 1 day, without regard to fine.
proceed.
When NOT REQUIRED:
Queries: In cases where the penalty imposed by law is
NOT at least 4 years, 2 month, & 1 day
1. Nobern married Armie on 2005. On 2006, In case of a valid warantless arrest [shall
Nobern married X. On 2007, Armie filed a proceed in inquest]
criminal case for bigamy against Nobern. On
2008, X filed a civil case for annulment Officers authorized to conduct PI
against Nobern on the ground that their Provincial or City Prosecutors and their
marriage was void ab initio for having been assistants;
contracted during the subsistence of Nobern’s National and Regional State Prosecutors; and
prior marriage to Armie without X knowing it. Other officers as may be authorized by law
[COMELEC during Election Period,
Is there a prejudicial question? Why? Ombudsman, etc.]

2. Nobern married Armie on 2005. On 2006, Note: Effective 2004, judges of the lower
Nobern married X because X threatened to court canno longer conduct Preliminary
kill him unless he marries X. On 2007, Investigations.
Nobern filed an annulment against X on the
ground of threat and intimidation. On 2008, Rules:
Armie filed a criminal case for bigamy against 1. The complaint must be sufficient in form
Nobern upon learning of Nobern’s marriage to [See notes in Prosecution of Offenses, supra]
X. 2. Supported by affidavits of the complainant
and his witnesses
Is there a prejudicial question? Why? 3. Numbers of copies are proportionate to the
number of respondents plus 2 official copies
Note:
Prejudicial question is subject to the principle 1. Within 10 days after the filing, fiscal
that he who comes into court must come with determines if there is prima facie case. If no
clean hands. The accused cannot be – dismiss. If yes – issue subpoenas.
permitted to use the law in order to frustrate 2. Within 10 days after receipt of subpoena
the ends of justice. Good faith or bad faith is with the complaint and supporting affidavits
important. and documents – respondent submits counter
affidavits.
3. In case respondent cannot be subpoenaed
or does not submit counter affidavit within 10 When warrantless arrests allowed:
days – investigating officer resolves the
complaint on the basis of evidence presented 1. Inflagrante Delicto arrest – when in his
by complainant. presence, the person to be arrested has:

Clarificatory hearing – if there are facts and Committed

issues to be clarified from a party or witness Is actually committing an offense
- within 10 days after submission of counter Is attempting to commit
affidavit. No direct examinations. Questions
must be addressed to the fiscal. Translation: In flagrante delicto [latin] –
Literally, “caught in the act of wrong”.
Resolution – within 10 days after the
investigation. 2. Hot Pursuit arrest – when an offense has
Forwarding of fiscals’ resolution to superiors Ajust been committed and Bhe has probable
– within 5 days cause to believe based on personal
Superiors shall act on the resolution – within knowledge of facts or circumstances that the
10 days person arrested has committed it.

IV. Arrest Tests in determining probable cause based on

personal knowledge:
Defined:
1. [Based on Rules of Court] The taking of a Must be based on the senses, i.e.
person in custody in order that he may be 1) Sight 2) Hearing 3) Smell
bound to answer for the commission of an
offense (Sec. 1, RRC) Notes:
A. The arresting officer must have personal
2. [Based on Jurisprudence] A restraint on knowledge of the commission of the crime
person, depriving one of his own will and through his senses. He cannot “fish” for
liberty, binding him to become obedient to evidence first and afterward make the arrest.
the will of the law (Larrañaga v. CA, 92 SCAD B. The term “personal knowledge” excludes
605) hearsay as a basis for probable cause.
C. There must first be a lawful arrest before
How made: any search may be conducted. The process
cannot be reversed (Dissent of Chief Justice
As to the manner of enforcement, by: A. Narvasa, People v. Malmstedt). Exception:
1) Actual restraint, or in case of valid warantless searches (Majority
2) Submission to the custody of the person opinion, People v. Malmstedt, 198 SCRA
making arrest 401).
D. For purposes of arrest – Officer may break
As to the presence or absence of judicial into any building or enclosure where the
order: person to be arrested is or is reasonably
1) By virtue of a warrant, or believed to be, if he is refused admittance
2) Warrantless arrest, in cases allowed by thereto, after announcing his authority and
the Rules purpose (Sec. 11, RRC).
E. For purposes of search and seizure – he
As to the person arresting: cannot break into any building or enclosure
1) Arrest by peace officer, or without violating the right of privacy.
2) Citizens arrest Exceptions: 1) When there is consent
(Dissent of Justice I. Cruz, People v. Evaristo, LETHAL FORCE by the arresting officer:
216 SCRA 431). 2) When there is a warrant.
1) Test of reasonability – conduct of the
3. Arrest of fugitives from justice – persons arresting officer is examined.
who has escaped from a penal establishment, Where the precipitate action of the arresting
place of confinement etc. while serving officer resulted in the loss of a human life and
sentence, temporarily confined, or case is still there exists no circumstances whatsoever
pending – may be arrested under the theory justifying the shooting of a person who is
that “he is engaged in the commission of a asleep, even if he is a notorious criminal –
continuing offense” (Parulan v. Director of condemnation, and not condonation should
Prisons, 22 SCRA 639). be the rule (People v. Oanis, 74 Phil. 257).

Methods of Arrest: 2) Test of necessity – conduct of the person

arrested is examined.
I. With warrant, by officer: Where the arrested person attempts to flee,
struck a policeman with his fists, draw a
The officer shall inform the person of: mess knife and attacked another policeman,
1) the cause of the arrest the arresting officer is not required to afford
2) fact that warrant exist him a fair opportunity for equal struggle. A
police officer, in the performance of his duty,
Exception: must stand his ground and cannot, like
1) When he flees or forcibly resist before 1 & private individual, take refuge in flight. His
2 is completed duty requires him to overcome the offender
2) When the giving of info will imperil the (US v. Mojica, 42 Phil 784).
arrest
V. Bail
II. Without warrant, by an officer and by
private persons: Kinds of bail bonds:
1. cash bond
Inform the person of 2. property bond
1) authority and cause of arrest [if person 3. surety bond
arresting is police officer] or 4. recognizance
2) intent to arrest and cause [if person
arresting is private person] Defined:
The security given for the release of a person
Unless when the person to be arrested is in custody of the law, furnished by him or a
either: bondsman, to guarantee his appearance
1) Engaged in the commission of the before any court as required under the
offense conditions of law.
2) Is pursued immediately after its
commission Generally:
3) Has escaped, flees or forcibly resist before The right to bail only accrues when a person
the officer or the private person making is under custody. Court must have
the arrest has the opportunity to inform him jurisdiction over the person of the accused
of 1 & 2, or either thru: 1) arrest, with or without
4) When the giving of info would imperil the warrant, or 2) voluntary surrender.
arrest
Exception:
Tests in determining lawfulness of USE OF When the person under investigation cannot
personally appear because he is hospitalized matter of right but of discretion on the part of
but applies for bail through his counsel, he is the Commissioner of Immigration and
deemed to be under the constructive custody Deportation (Harvey v. Defensor-Santiago,
of the law (Dinapol v. Baldado, 225 SCRA 162 SCRA 398).
110, Paderanga v. CA, 247 SCRA 741).
3. Bail is not available to military facing court
Where to apply? martial proceedings (Commendador v. De
In the court where the case is pending (if not Villa, 200 SCRA 80).
yet filed, may be filed before any court).
4. I extradition proceedings, bail may be
Conditions for bail: granted provided the accused undertake to
See Sec. 2, Rule 114 submit himself to the jurisdiction of the court
and provided further that he is not a flight
Bail, a matter of right: risk (Govt. of Hong Kong v. Judge Olalia,
1. Before or after conviction by MTC, MTCC or 2007)
MCTC
2. Before conviction by RTC of an offense not VI. Rights of the accused
punishable by death, reclusion temporal, or
life imprisonment Rights may be waived, unless the waiver is
contrary to law, public order, public policy,
Bail, a matter of discretion: morals, or good customs or prejudicial to a
1. Upon conviction of RTC of an offense not third person with a right recognized by law
punishable by death, reclusion perpetua, or (Art. 6, NCC).
life imprisonment.
2. Before conviction for capital offenses In all criminal prosecutions, the accused shall
[punishable by death], or an offense be entitled to the following rights:
punishable by reclusion perpetua or life
imprisonment, when evidence of guilt is not Key: [PIPTEC CoSpA]
strong. (Bail is neither a matter of right nor a
matter of discretion only in cases where the P – resumed innocent
evidence of guilt is strong). I – nformed of the nature of the cause and
accusation
Bail granted in capital offenses despite P – resent in person and by counsel
findings that evidence of guilt is strong (Cited T – estify in his own behalf
in Cruz, Constitutional Law, 2003 Ed.): E – xempt from being compelled to be a
De la Rama v. Peoples Court, 77 Phil. 461 – witness against himself
accused was granted bail due to tuberculosis C – onfront witnesses
that requires confinement to the hospital. C – ompulsory process to secure attendance
People v. Sison, GR 398, September 19, of witnesses and production of other evidence
1946 – humanitarian reasons considered by S – peedy, impartial and public trial
SC. A – ppeal

Notes: 1) To be presumed innocent until the

contrary is proved beyond reasonable doubt.
1. The right to bail flows from the
presumption of innocence. This is so because Hierarchy of proof [according to degree of
accusation is not synonymous with guilt. persuasiveness]:
Absolute certainty – ultimate truth [not
2. In deportation proceedings, bail is not a required in any legal proceeding]
Moral certainty – passed the test of human his failure unjustified because he has, by
experience [i.e., guilt beyond reasonable escaping, placed himself beyond the pale and
doubt, conclusive presumptions] protection of the law (People v. Salas 143
Relative certainty – so called because a SCRA 163, cited in Cruz, Constitutional Law,
higher degree of proof exists [i.e., 2003 Ed.)].
preponderance of evidence, probable cause,
substantial evidence, disputable or prima Right to counsel is right to effective counsel.
facie presumptions] It is not enough to simply appoint a counsel
de officio. Counsel must have no conflict of
Notes: interest. Thus, a fiscal cannot be appointed
The starting point is the presumption of as counsel de officio.
innocence (See: Section 3, Par. (a), Rule When an accused is represented by a fake
131, RRC) lawyer who pretended to be a member of the
It is incumbent upon the prosecution to bar, his right to counsel is violated, unless
demonstrate culpability. The burden of proof the accused voluntarily chose him knowing
lies in the prosecution. Unless guilt beyond him to be a non-lawyer.
reasonable doubt is established, the accused
need not prove his innocence. 4) To testify as a witness in his own behalf
but subject to cross-examination on matters
Burden of proof – the duty of the affirmative covered by direct examination. His silence
to prove what it alleges. (Africa, The Art of shall not in any manner prejudice him.
Argumentation and Debate).
Absolute certainty is not demanded by the 5) To be exempt from being compelled to be
law to convict but only moral certainty. a witness against himself.

2) To be informed of the nature and cause of Right to testify in his own behalf:
the accusation against him. Once exercised, the accused is subject to
limited cross-examination.
Essential to avoid surprise and to afford him If not exercised, no inference of guilt can be
the opportunity to prepare his defense derived from his silence alone.
accordingly.
Arraignment serves this purpose by informing Right against self incrimination:
him why the prosecuting arm of the state is Intended to shield the guilty & imprudent as
mobilized against him. well as the innocent & farsighted.
An accused cannot be convicted of an offense Based on public policy and humanity,
unless it is clearly charged in the compliant otherwise, the accused will be placed on the
or information. Basic rule – you cannot prove strongest temptation to commit perjury.
what you did not allege.
Notes:
3) To be present and defend in person and by A. Prohibition covers 1testimonial compulsion
counsel at every stage of the proceedings, and 2the production of the accused of
from arraignment to promulgation of incriminating documents and articles
judgment. demanded from him.
B. Does not include compulsion to 1submit
Express or Implied waiver is renunciation to fingerprints, 2photograph, 3blood or urine
be present on that particular date only. samples, and 4others requiring a mere
Escape of the accused is waiver by mechanical act on the part of the accused
implication to be present on said date and all [Villaflor v. Summers, 41 Phil. 64, US v. Tan
subsequent trial dates. [Fact of escape made Teng, 23 Phil. 145, Schemerber v. California,
US L.Ed. 2d 908, 89 S CT No. 658]. order his arrest. [People v. Montejo, 21 SCRA
722].
6) To confront and cross-examine the
witnesses against him at the trial. B. The coercive powers of the court must be
employed in order to give meaning to this
Reasons: right.
To meet the witness face to face (Bill of
Rights, 1987 Constitution) 8) To have speedy, impartial and public trial.
To enable the court to judge the truthfulness,
deportment, and the appearance of the Speed:
witness while testifying (US v, Javier, 37 Phil Justice delayed is justice as denied
449).
Impartiality:
Effect of absence of right to cross examine: Every party litigant is entitled to nothing less
When there is express or implied waiver – no than the cold neutrality of an impartial court
effect (Macalintal v. Judge Teh, 280 SCRA 623).
In the absence of waiver – testimony of the
witness cannot be considered as complete Public trial:
and therefore cannot form part of the So that the public may see that he is fairly
evidence against the accused. dealt with and not unjustly condemned in
case of conviction.
Effect when witness dies: So the public may know of the fact or the
Before he could take witness stand – basis of his innocence in case of acquittal.
inadmissible
After giving his direct testimony but before Note: “Public trial” and “Trial by publicity” are
cross examination – Gen. rule: inadmissible. two different things. They are not the same.
Exception: where the adverse party was There should be a public trial, not trial by
given adequate opportunity but failed to publicity.
cross examine due to his own fault
After the defense conducted cross 9) To appeal in all cases allowed and in the
examination – admissible manner prescribed by law.

7) To have compulsory process issued to The right to appeal is a statutory right but
secure the attendance of witnesses and withdrawal of this right, in the absence of a
production of other evidence in his behalf. valid waiver, constitutes a denial of due
process guaranteed by the Constitution
“Compulsory process” refers to the issuance (Cruz, Constitutional Law, 2003 Ed.).
of the court of: It is not a natural right or inherent one. The
Sub-poena – for the attendance of witnesses party who seeks to avail of the said right
Sub-poena duces tecum – for the production must comply with the requirements of the
of documents Rules. Otherwise, the right to appeal is lost
(People v. Sabellano, 198 SCRA 196)
Notes:
A. If a sub-poena or sub-poena duces tecum VII. Arraignment and Plea
is issued and the person named in the sub- Arraignment: The initial step in a criminal
poena refuses to appear or refuses to prosecution whereby the defendant is
produce the required documents without brought before the court to hear the charges
justifiable reasons – court has the power to and to enter a plea (Black’s Law Dictionary).
declare that person in contempt and may
Venue for Arraignment and Plea: withdrawn and a plea of not guilty shall be
Before the court where the complaint or entered for him. Burden of proof shifts.
information was filed or is assigned for trial. If accused enters a plea to a capital offense –
court shall conduct a searching inquiry into
Purpose of arraignment [Key: FIG] (14 Am. the voluntariness and full comprehension of
Jur., p. 939, GV Jacinto, Crim. Proc.) the consequences of his plea and shall
require the prosecution to prove his guilt and
1) To fix the identity of the accused the precise degree of culpability.
2) To inform him of the charge
3) To give the accused an opportunity to Pre-trial Conference:
plead Private offended party shall be required to
appear for purposes of:
Note: 1) Plea-bargaining
In order for the Court to “acquire” complete 2) Determination of civil liability
jurisdiction over the person of the accused, 3) Other matters requiring his presence
arraignment is essential. Unless this
procedure is completed, the court cannot In case of failure of the offended party to
commence trial in absentia. appear despite due notice – conformity of
prosecutor is sufficient for purposes of
Procedure: pleading guilty to a lesser offense which is
Arraignment must be made in open court by necessarily included in the offense charged.
the judge or the clerk
Accused must be furnished with a copy of the Bill of particulars:
complaint or information The accused may, before arraignment, move
Complaint or Information must be read in a for a bill of particulars to enable him properly
language or dialect known to him to plead and prepare for trial. The motion
Accused must be present shall specify the alleged defects of the
Accused must personally enter his plea complaint or information and the details
desired.
I. If under preventive detention
Raffle of case and transmittal of records – Scope of the Bill of Particular:
within 3 days Bill of Particulars is a remedy for formal
Arraignment – within 10 days from the date defects and not substantive defects.
of raffle
Pre trial conference – within 10 days after The remedy against an indictment that fails
arraignment to allege the time of the commission of the
offense with sufficient definition is a Motion
II. If not under preventive detention for Bill of Particulars and not a Motion to
General rule – within 30 days from the date Quash (Rocaberte v. People, 192 SCRA 152).
the court acquires jurisdiction
Exception – a shorter period is provided by [See discussion in: Elements of Complaint
special law or SC Circular and Information, remedy in case complaint or
information is defective, supra]
Rules in entering a plea:
If accused refuses to plead or makes a Modes of discovery:
conditional plea – a plea of not guilty shall be Accused has a right against the suppression
entered of evidence favorable to an accused which is
If accused enters a plea but presents material as to 1) guilt, or 2) as to
exculpatory evidence – plea of guilty is punishment (Webb v. De Leon, 247 SCRA
653).

Suppressed evidence must be of such nature

as to affect the outcome of the trial (US v.
Agurs, US v. Bagley)

Notes:

1) Arraignment is important for notifying the

accused of the cause he is required to meet.
The accused has the right to be informed of
the nature and cause of the accusation
against him (Borja v. Mendoza, 77 SCRA
422).

2) The existence of a plea is an essential

requisite to double jeopardy (People v.
Balicasan).