Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial

Section 1

Arraignment is a mandatory requirement that seeks to give the accused the opportunity, at the first instance, to know why the prosecuting arm of government has been mobilized against him and to plead. At the arraignment, the accused may enter a plea of guilty or not guilty.

Sec 2

Duties of trial prosecutor. Before the arraignment of the accused, the trial prosecutor shall examine the information vis-a-vis the resolution of the investigating prosecutor in order to make the necessary corrections or revisions and to ensure that the information is sufficient in form and substance. After arraignment, the trial prosecutor shall prepare his witnesses for trial. Government witnesses, e.g. medico-legal officer, chemist, forensic experts, examiners etc. should, as much as practicable, be presented in accordance with the logical and chronological sequence of the technical aspects to be proved.

Sec 3

When an aggrieved party manifests in court that he has a pending petition for review with the Department of Justice and moves for a deferment of the arraignment pending resolution of his petition, the Trial Prosecutor may conform thereto once proof of said petition has been presented by the petitioner to his satisfaction.

Sec 4

The plea is the reply of the accused to the charge. It raises the issue to be tried and on which the judgment/sentence of the court can be properly based.