CBF 4

Motion to Suspend Arraignment

Original Court, 1st Copy Prosecutor, 2nd Copy Accused, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court use, which shall be
completed by the Clerk.

For Court Use Only

(Judicial Region)

METC/MTCC/MTC/MCTC Case No.
RTC

(Municipality/City/Province)

BRANCH

People of the Philippines , v.

,
Accused.

ATTORNEY OR PARTY WITHOUT ATTORNEY

Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/Place of Issuance
Roll No. Date/Place of Issuance
IBP No. Lifetime Date/Chapter
MCLE Compliance Exemption No.

Other Compliances

Attorney for
Prosecution: Public Prosecutor Private Prosecutor
Defense: Public Attorney Private Counsel
Other

MOTION TO SUSPEND ARRAIGNMENT

Accused moves for the suspension of the scheduled arraignment on

on the following ground/s:

The accused appears to be suffering from an unsound mental condition

which effectively renders said accused unable to fully understand the charge and to
plead intelligently thereto.

Existence of a prejudicial question because of (specify details of

the prejudicial question)

A Petition for Review was filed on , and is still pending with

the Department of Justice.
the Office of the President.

A copy of the petition is attached as Annex.

Name and Signature of Counsel

MOTION TO SUSPEND ARRAIGNMENT Page 1 of 4

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Motion to Suspend Arraignment

NOTICE AND COPY FURNISHED TO:

(Name and address of Adverse Party/Counsel)

GREETINGS:

Please take notice that the foregoing motion will be submitted for the
consideration of the Court on .

Name and Signature of Counsel

ORDER

After a review of the Motion and Comment/Opposition Reply, the

Motion is

granted due to the mental condition of the accused. The Director of the
NCMH is ordered to cause the examination of the accused and to submit a
report and recommendation on his mental condition within sixty (60) days
from notice. Arraignment is suspended for the meantime.
The Jail Warden of where the accused is detained is authorized to
bring the accused to the NCMH for mental examination on or before
with the appropriate security measures to ensure the safety of the accused
and all third persons.
granted due to the existence of a prejudicial question. Arraignment is
suspended in the meantime and the case is sent to the ARCHIVES.
granted due to the pending Petition for Review. Arraignment is suspended for
sixty (60) days from date of filing of the petition on . Set the
Arraignment anew on at .
denied because . The arraignment scheduled on at shall
proceed.
set for hearing on at .

SO ORDERED.

Judge Date

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Motion to Suspend Arraignment

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Motion to Suspend Arraignment

COPY FURNISHED

Persons Name Method Place Served Date

Served
Personal Service
Trial Prosecutor Courier Service
Facsimile, Email,
SMS
Personal Service
Counsel for Accused Courier Service
Facsimile, Email,
SMS
Personal Service
Private Complainant Courier Service
Facsimile, Email,
SMS
Personal Service
Accused Courier Service
Facsimile, Email,
SMS
Personal Service
Courier Service
Facsimile, Email,
SMS
Personal Service
Courier Service
Facsimile, Email,
SMS

SPECIAL INSTRUCTIONS

Suspension of Arraignment
Upon motion by the proper party, the arraignment shall be suspended in the following cases:
(a) The accused appears to be suffering from an unsound mental condition which effective
renders him unable to fully understand the charge against him and to plead intelligently
thereto. In such case, the court shall order his mental examination and, if necessary, his
confinement for such purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President; provided, that the period of
suspension shall not exceed sixty (60) days counted from the filing of the petition with
the reviewing office. (Rule 116 Section 11 ROC)

Hearing on the Motion

The court should choose the option to set the motion for hearing if the ground is contentious, or
the date of hearing chosen by the movant is not the courts Motion Day for criminal cases. (Rule
15, ROC)

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