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Practice Exams

Module 3.3: Arraignment, Pre-Trial, Trial, and Judgment

1. Learning Objectives

  • Understand the process and significance of arraignment and plea in a criminal case.
  • Identify the grounds for a motion to quash and its implications.
  • Know the procedures and objectives of pre-trial, trial, and judgment in criminal proceedings.
  • Differentiate between a new trial, reconsideration, and an appeal.
  • Familiarize with the various stages of criminal procedure from arraignment to judgment.

2. ARRAIGNMENT AND PLEA (Rule 116)

A. ARRAIGNMENT

  • Definition: The formal process of reading the charges against the accused in open court and asking for their plea.
  • Purpose: To inform the accused of the nature and cause of the accusation against them.
  • When made: In open court, by the judge or clerk.
  • Reading of information in language understood: The information or complaint must be read in a language or dialect known to the accused.
  • Presence of accused required: The accused must be present at the arraignment and must personally enter their plea.

B. PLEA

  • Plea of guilty: An admission of guilt by the accused.
  • Plea of not guilty: A denial of guilt by the accused.
  • Improvident plea: A plea of guilty made without a full understanding of the charges and consequences.
  • Plea bargaining: An agreement between the prosecution and the accused, with the consent of the offended party, for the accused to plead guilty to a lesser offense.
  • Conditional plea: A plea that is subject to certain conditions, which is not allowed.

C. PLEA OF GUILTY TO LESSER OFFENSE

  • When allowed: When the prosecutor and the offended party consent to the plea.
  • Requirements: The lesser offense must be necessarily included in the offense charged, and the penalty for the lesser offense must be lesser than that for the offense charged.

D. PLEA TO CAPITAL OFFENSE

  • Searching inquiry by court: The court must conduct a thorough inquiry to ensure the accused understands the consequences of their plea.
  • Duty of court: The court must require the prosecution to prove the guilt of the accused and the precise degree of their culpability.

3. MOTION TO QUASH (Rule 117)

  • Grounds for motion to quash:
    • The facts charged do not constitute an offense.
    • The court trying the case has no jurisdiction over the offense charged.
    • The court trying the case has no jurisdiction over the person of the accused.
    • The officer who filed the information had no authority to do so.
    • The information does not conform substantially to the prescribed form.
    • More than one offense is charged, except when a single punishment for various offenses is prescribed by law.
    • The criminal action or liability has been extinguished.
    • The information contains averments which, if true, would constitute a legal excuse or justification.
    • The accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.
  • When to file: Before entering a plea.
  • Effects of sustaining motion: The case may be dismissed, or the information may be amended.
  • Double jeopardy (when attaches): When the accused has been convicted or acquitted, or the case against him has been dismissed or otherwise terminated without his express consent.

4. PRE-TRIAL (Rule 118)

  • Matters to be considered:
    • Plea bargaining
    • Stipulation of facts
    • Marking for identification of evidence of the parties
    • Waiver of objections to admissibility of evidence
    • Modification of the order of trial if the accused admits the charge but interposes a lawful defense
    • Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
  • Pre-trial agreement: All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel; otherwise, they cannot be used against the accused.
  • Plea bargaining: The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.
  • Stipulation of facts: An agreement between the parties on certain facts, which are then not disputed at trial.

5. TRIAL (Rule 119)

A. ORDER OF TRIAL

  1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
  2. The accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case.
  3. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
  4. Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.

B. DEMURRER TO EVIDENCE (Rule 119, Sec. 23)

  • Motion to dismiss after prosecution rests: A motion to dismiss the case on the ground of insufficiency of evidence.
  • Effect of denial: The accused may adduce evidence in his defense.
  • Effect of grant: The case is dismissed.

C. REVERSE TRIAL

  • When allowed: When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense.

6. JUDGMENT (Rule 120)

A. REQUISITES OF JUDGMENT

  • It must be written in the official language.
  • It must be signed by the judge.
  • It must contain clearly and distinctly a statement of the facts and the law upon which it is based.

B. PROMULGATION OF JUDGMENT

  • How made: By reading it in the presence of the accused and any judge of the court in which it was rendered.
  • When accused absent: If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest.

C. MODIFICATION OF JUDGMENT

  • A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected.

D. ENTRY OF JUDGMENT

  • If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment shall be entered by the clerk.

7. NEW TRIAL AND RECONSIDERATION (Rule 121)

  • Grounds for new trial:
    • Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial.
    • New and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment.
  • Grounds for reconsideration: Errors of law or fact in the judgment.

8. APPEAL (Rule 122)

  • Who may appeal: Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.
  • Period to appeal: Within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from.
  • Effect of appeal: An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter.

9. Quick Review: Stages of Criminal Procedure Flowchart

Arrest -> Preliminary Investigation -> Filing of Information -> Arraignment -> Pre-Trial -> Trial -> Judgment -> Appeal

10. 25 Multiple Choice Practice Questions

  1. What is the primary purpose of an arraignment? a) To sentence the accused b) To inform the accused of the charges against them c) To present evidence d) To select a jury

  2. A plea of guilty made without a full understanding of the charges is called: a) A conditional plea b) An improvident plea c) A plea bargain d) A plea of not guilty

  3. Which of the following is NOT a ground for a motion to quash? a) The court has no jurisdiction over the offense. b) The facts charged do not constitute an offense. c) The accused is wealthy. d) The criminal action has been extinguished.

  4. When does double jeopardy attach? a) After the arrest of the accused. b) After the filing of the information. c) When the accused has been convicted or acquitted. d) During the pre-trial conference.

  5. Which of the following is NOT considered during pre-trial? a) Plea bargaining b) Stipulation of facts c) Sentencing of the accused d) Marking of evidence

  6. What is the correct order of trial? a) Defense, Prosecution, Rebuttal, Sur-rebuttal b) Prosecution, Defense, Rebuttal, Sur-rebuttal c) Rebuttal, Sur-rebuttal, Prosecution, Defense d) Prosecution, Rebuttal, Defense, Sur-rebuttal

  7. A motion to dismiss after the prosecution rests its case is called: a) A motion to quash b) A demurrer to evidence c) A motion for a new trial d) A motion for reconsideration

  8. When is a reverse trial allowed? a) When the accused pleads not guilty. b) When the accused interposes a lawful defense. c) When the prosecution has weak evidence. d) When the accused is a minor.

  9. Which of the following is NOT a requisite of a valid judgment? a) It must be written in the official language. b) It must be signed by the judge. c) It must be approved by the prosecutor. d) It must contain a statement of the facts and the law.

  10. How is a judgment promulgated? a) By mailing it to the accused. b) By publishing it in a newspaper. c) By reading it in the presence of the accused. d) By posting it on the court's website.

  11. What are the grounds for a new trial? a) Errors of law and newly discovered evidence. b) The accused is not satisfied with the judgment. c) The prosecutor has new witnesses. d) The judge has retired.

  12. What are the grounds for a motion for reconsideration? a) The accused has a new lawyer. b) The accused has new evidence. c) Errors of law or fact in the judgment. d) The accused wants to delay the proceedings.

  13. Who may appeal a judgment? a) Only the accused. b) Only the prosecution. c) Any party, unless it places the accused in double jeopardy. d) Only the victim.

  14. What is the period to appeal a judgment? a) 10 days b) 15 days c) 30 days d) 60 days

  15. What is the effect of an appeal taken by one of several accused? a) It affects all accused. b) It does not affect those who did not appeal, unless the judgment is favorable and applicable to them. c) It suspends the trial for all accused. d) It results in a new trial for all accused.

  16. What is a "searching inquiry" in the context of a plea to a capital offense? a) An investigation into the accused's background. b) A thorough inquiry by the court to ensure the accused understands the consequences of their plea. c) A review of the evidence by the prosecutor. d) An interview with the victim's family.

  17. What is a "stipulation of facts"? a) A summary of the case prepared by the judge. b) A list of evidence to be presented by the prosecution. c) An agreement between the parties on certain facts. d) A transcript of the trial.

  18. What is the effect of a grant of a demurrer to evidence? a) The accused is acquitted. b) A new trial is ordered. c) The accused may present evidence. d) The case is archived.

  19. What is the effect of a denial of a demurrer to evidence? a) The accused is convicted. b) The accused may present evidence. c) The case is dismissed. d) A new trial is ordered.

  20. When can a judgment be modified? a) Any time after it is rendered. b) Before it becomes final or before an appeal is perfected. c) Only after an appeal is filed. d) Never.

  21. What happens if the accused is absent during the promulgation of a judgment of conviction? a) The judgment is void. b) The judgment is read to the accused's counsel. c) The accused loses remedies against the judgment and a warrant for their arrest is issued. d) The case is archived.

  22. What is plea bargaining? a) An agreement for the accused to plead guilty to a lesser offense. b) A negotiation for a lower bail amount. c) A request to change the venue of the trial. d) A motion to disqualify the judge.

  23. Which of the following is an example of a lawful defense that may lead to a reverse trial? a) Alibi b) Self-defense c) Mistaken identity d) Insanity

  24. When must a motion to quash be filed? a) Before the arrest of the accused. b) Before entering a plea. c) After the trial. d) During the appeal.

  25. What is the effect of an improvident plea of guilty? a) The case is automatically dismissed. b) The accused is acquitted. c) The court may set aside the plea and order a new one. d) The accused is given a lighter sentence.

Answer Key

  1. b) To inform the accused of the charges against them
  2. b) An improvident plea
  3. c) The accused is wealthy.
  4. c) When the accused has been convicted or acquitted.
  5. c) Sentencing of the accused
  6. b) Prosecution, Defense, Rebuttal, Sur-rebuttal
  7. b) A demurrer to evidence
  8. b) When the accused interposes a lawful defense.
  9. c) It must be approved by the prosecutor.
  10. c) By reading it in the presence of the accused.
  11. a) Errors of law and newly discovered evidence.
  12. c) Errors of law or fact in the judgment.
  13. c) Any party, unless it places the accused in double jeopardy.
  14. b) 15 days
  15. b) It does not affect those who did not appeal, unless the judgment is favorable and applicable to them.
  16. b) A thorough inquiry by the court to ensure the accused understands the consequences of their plea.
  17. c) An agreement between the parties on certain facts.
  18. a) The accused is acquitted.
  19. b) The accused may present evidence.
  20. b) Before it becomes final or before an appeal is perfected.
  21. c) The accused loses remedies against the judgment and a warrant for their arrest is issued.
  22. a) An agreement for the accused to plead guilty to a lesser offense.
  23. b) Self-defense
  24. b) Before entering a plea.
  25. c) The court may set aside the plea and order a new one.