Monday, October 7, 2013

ARRAIGNMENT:

     An arraignment is that stage where, in the mode and manner required by the Rules, an accused, for the first time, is granted the opportunity to know the precise charge that confronts him. The accused is formally informed of the charges against him, to which he enters a plea of guilty or not guilty (Albert v. Sandiganbayan, G.R. No. 164015, 26 February 2009, 580 SCRA 279). Section 1(g), Rule 116 of the Rules of Court and the last clause of Section 7 of RA 8493 otherwise known as the Speedy Trial Act of 1998, mean the same thing, that the 30-day period shall be counted from the time the court acquires jurisdiction over the person of the accused, which is when the accused appears before the court. The grounds for suspension of arraignment are provided under Section 11, Rule 116 of the Rules of Court applies suppletorily in matters not provided under the Rules of Procedure of the Office of the Ombudsman or the Revised Internal Rules of the Sandiganbayan. Petitioner failed to show that any of the instances constituting a valid ground for suspension of arraignment obtained in this case. Thus, the Sandiganbayan committed no error when it proceeded with petitioner’s arraignment, as mandated by Section 7 of RA 8493. (BRIG. GEN. (Ret.) JOSE RAMISCAL, JR. VS. SANDIGANBAYAN, G.R. Nos. 172476-99, September 15, 2010, second division, CARPIO, J.).

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