LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Taking of Plea – Effect of Non-Compliance with Section 215

If trial court proceedings are a nullity due to defective arraignment, the Court of Appeal proceedings affirming them are also a nullity. A nullity cannot be cured by appellate review. The appellate court cannot validate void proceedings. A fortiori, all subsequent proceedings derived from the nullity are void. The proper remedy is to set aside both the trial and appellate decisions. The principle prevents appellate courts from perpetuating fundamental errors. The defect is jurisdictional—the trial court lacked authority to proceed without proper arraignment. No waiver or acquiescence can cure the defect. The parties cannot consent to a nullity. The entire process must start afresh with proper arraignment.