Rule 116 - Rule 121 Group 2

Which is NOT a ground for motion to quash?

• a. the facts charged do not constitute and offense

• b. the court trying the case has no jurisdiction over the person of the accused

• c. execution by the offended party of an affidavit of desistance

• d. the criminal action or liability has been extinguished

1. True or False. The rule on double jeopardy does not apply to administrative cases.

• TRUE

• FALSE

Answer explanation

TRUE. Icasiano v. Sandiganbayan provides that the rule on double jeopardy does not apply to administrative cases. One cannot successfully claim that the dismissal of his administrative case entitles him to raise the defense of double jeopardy in the criminal case in the Sandiganbayan.

1. Plea of not guilty should be entered under the following circumstances, except:

• a. when the accused so pleased

• b. when the accused did not refuse to plead or make a conditional plea

• c. when the accused pleads guilty but presents exculpatory evidence

• d. when the plea of guilty was compelled by violence or intimidation

Answer explanation

ANSWER: D. when the accused did not refuse to plead or make a conditional plea

Plea of not guilty should be entered when the accused refuses to plead or makes a conditional plea as provided by Sec. 1(d), Rule 116, Rules of Court.

True or False: All persons shall have the right to a speedy disposition of their

cases before all judicial, quasi-judicial, administrative bodies and legislative bodies.

• TRUE

• FALSE

Answer explanation

False. Section 16 of Bill of Rights provides only judicial, quasi-judicial, and administrative bodies.

(a)    is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based.

How is arraignment made?

• DEFINE

• DEFINE

Answer explanation

The arraignment is made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty. (Sec. 1[a], Rule 116, Rules of Court)

What is the effect of the refusal of the accused to enter a plea?

• DEFINE

• DEFINE

Answer explanation

If the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him. (Sec. 1[d], Rule 116, Rules of Court

When is an essential witness considered unavailable?

• DEFINE

• DEFINE

Answer explanation

An essential witness is considered unavailable when his whereabouts are known but his presence at the trial cannot be obtained with due diligence. (Sec. 3[b], Rule 119, Rules of Court)

Define what is an "arraignment".

• DEFINE

• DEFINE

Answer explanation

Arraignment is the proceeding in a criminal case,whose object is to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead, or to obtain from the accused his answer, in other words, his plea to the information

What is a Plea?

• DEFINE

• DEFINE

Answer explanation

It pertains to the matter which the accused, on his arraignment, alleges in answer to the charge against him.