Suspension of Arraignment
Sec. 11. 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 effectively 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.
WHAT ARE THE GROUNDS FOR SUSPENDING ARRAIGNMENT?
1. The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand he 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;
2. There exists a prejudicial question; and
3. 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.
WHAT IS THE TEST TO DETERMINE WHETHER THE INSANITY OF THE ACCUSED SHOULD WARRANT THE SUSPENSION OF PROCEEDINGS?
> The test is whether the accused will have a fair trial with the assistance of counsel, in spite of his insanity
> Not every aberration of the mind or exhibition of mental deficiency is sufficient to justify suspension