Crimpro Report - Rule 116 (2)

rule 116 of rules of court
of 86
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Related Documents
  RULE 116    ARRAIGNMENT AND PLEA   ARRAIGNMENT - the proceeding in a criminal case, whose object is: 1. To fix the identity of the accused 2. To inform him of the charge (nature and cause) 3. To give him opportunity to plead 4. Or to obtain from the accused his plea to the information *It is at this phase where issues are joined, although, technically, is not part of the trial.  BORJA VS MENDOZA Arraignment is an indispensable requirement in any criminal prosecution. Procedural due process demands no less.   Arraignment, Where and How made: 1. Before an open court where the complaint or information was filed or assigned for trial a. Not in the Municipal Trial Court where the accusatory pleading was filed for preliminary investigation b. There can be a closed door trial in cases of: - Rape - Child abuse 2. By the judge or clerk of court
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