Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
(a) Identify the primary purpose of arraignment under Rule 116, and list the rights of the accused that are activated or protected during arraignment.
(b) Distinguish how this purpose is fulfilled in the following situations: (i) the information is complete and valid and duly served on the accused; (ii) the information is defective but curable by amendment; (iii) the information is fatally defective and cannot be cured. State the remedy or remedy-fee approach for each situation.
(c) Facts for application: In a case charged as illegal possession of dangerous drugs, the information filed against the accused states only: “That on or about the 1st day of June 2024, in Barangay X, City Y, the accused did commit a crime.” The information omits the specific drug type, the quantity, and the exact offense or statute violated. Arraignment is held; the judge reads the information in Filipino; the accused and his counsel do not receive a copy of the information; the accused pleads not guilty; the defense moves to postpone arraignment to review the information, which the court denies. Discuss whether the arraignment fulfills its purpose under these facts and what remedy is appropriate if the information is defective.