Facts: The case against Pangilinan was already submitted for decision when the trial court discovered that he had not yet been arraigned. The court scheduled his arraignment and with the assistance of counsel de oficio, Pangilinan pleaded not guilty to the charges against him.
Appellant assails his conviction because he was not properly arraigned. Since he was arraigned only after the case was submitted for decision, said irregularity, he argues, is a procedural error which is prejudicial to the appellant and is tantamount to denial of his constitutional right to be informed of the accusation against him. He claims that his subsequent arraignment did not cure the defect in the trial proceedings because at the time the petition for bail was heard, the trial court had not yet acquired jurisdiction over his person.
Held: Appellant is mistaken. When the hearings for his petition for bail were conducted, the trial court had already acquired jurisdiction over his person. Settled is the rule that jurisdiction over the person of the accused is acquired upon his arrest or voluntary appearance. In the case at bar, the trial court acquired jurisdiction over the person of the appellant when he was arrested on 19 March 1997. His arrest, not his arraignment, conferred on the trial court jurisdiction over his person.
Arraignment is the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him. The purpose of arraignment is, thus, to apprise the accused of the possible loss of freedom, even of his life, depending on the nature of the crime imputed to him, or at the very least to inform him of why the prosecuting arm of the State is mobilized against him.
Admittedly, appellant was arraigned after the case was submitted for decision. The question is: Were appellants rights and interests prejudiced by the fact that he was arraigned only at this stage of the proceedings?
We do not think so. Appellants belated arraignment did not prejudice him. This procedural defect was cured when his counsel participated in the trial without raising any objection that his client had yet to be arraigned. In fact, his counsel even cross-examined the prosecution witnesses. His counsels active participation in the hearings is a clear indication that he was fully aware of the charges against him; otherwise, his counsel would have objected and informed the court of this blunder. Moreover, no protest was made when appellant was subsequently arraigned. The parties did not question the procedure undertaken by the trial court. It is only now, after being convicted and sentenced to two death sentences, that appellant cries that his constitutional right has been violated. It is already too late to raise this procedural defect. This Court will not allow it. (People vs. Pangilinan, G.R. No. 171020, March 14, 2007)
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