Daily Serving of Legal Matters

In all criminal proceedings, the accused must be arraigned.  The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. The arraignment shall be 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, Rule 116 of the Revised Rules of Criminal Procedures). The purpose of the arraignment is to inform the accused of the accusation filed against him.  Thus, it is important that it shall be done by reading in a language or dialect known to the accused.  Meaning, the information or complaint shall be interpreted or translated to the dialect or language spoken and known by the accused.  Otherwise, the arraignment is deemed not done. As stated above, the accused would be asked to enter his plea whether guilty or not guilty.  It is en...

This photo is taken from google.com. Today is the promulgation of one of the criminal cases I handle. I was not able to sleep well last night because of it.  I really do not have an inkling what that judgment would be.  Would this be favorable or prejudicial to my client?  That would be entirely within the wisdom of the  Honorable Judge to determine the guilt of my client beyond reasonable doubt. According to the Revised Rules of Criminal Procedures, particularly in Section 1 of Rule 120, judgment is defined as 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. Simply stated, the court shall determine whether the accused i...