Right to be Heard

Part of the basic requirement of due process is the right of the accused to be heard by himself. This requires that the accused be given:

      1) a fair and impartial trial;
      2) before a competent court; and
      3) given the opportunity to adopt every and all legal means for his defense; and
      4) judgment rendered based on the evidence adduced during the trial.

      This right of the accused to be heard by himself and counsel contemplates the complimenting rights granted him under the constitution, among them:

       1) That he has the right to be present and defend in person and by counsel at every stage of the trial from the arraignment to the promulgation of the sentence, except in cases of light offenses, when it is sufficient that his counsel may appear for him and in his own behalf;

      2) He must be present during his arraignment and enter his plea; except in light offenses, the presence of his counsel is sufficient;

      3) Where the accused appears during his arraignment without counsel, the court will give him one, if he so desires; or if he wants to secure his own counsel, the court will grant him time to do so.

Arraignment

      Arraignment is that stage in a criminal prosecution which consist of the reading to the accused in open court of the complaint or information charging him for an offense an delivering to him a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not as charged. 

      The Rules on Criminal Procedure as amended, provides for the arraignment of the accused before the court where the court  where the complaint or information has been filed or assigned for trial. The arraignment must be made in open court by the judge or clerk by furnishing the accused of the complaint or information with the list of witnesses, reading the same in the language or dialect known to him and asking him whether he pleads guilty or not guilty.

      Under the Rules, the accused is required to be present at the arraignment and must personally enter his plea. Both the arraignment and the plea must be made of record, but a failure to enter of reord shall not affect the validity of the proceedings.

      Where the accused refuses to plead, or makes a conditional plea of guilty, a plea of not guilty shall be entered for him. This is necessary for the simple reason that if the accused refuses to enter his plea, no issue is raised in the criminal case and the court would then be powerless to proceed with the trial since there is no issue to try. 


Complaint/Information Defined

      Complaint is a sworn statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of law violated.

      Information is an accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court.