Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Judgment (Rule 120) › Promulgation of Judgment

a. Nonappearance of Accused

How Accused Is Notified of the Promulgation

Notice shall be given personally by the clerk of court to the accused or to his bondsman or warden and counsel

Notice shall be served at the accused’s last known address if the latter:

  • Jumped bail; or
  • Escaped from prison (Rule 120, Sec. 6).

If Accused Fails to Appear in the Promulgation

FOR ACQUITTAL FOR CONVICTION
Promulgation shall be made by:
1. Recording the judgment in the criminal docket; and
2. Serving accused a copy thereof at his last known address or thru his counse
• If absence without justifiable cause, accused shall lose all remedies against the judgment and the court shall order his arrest
• But within 15 days from promulgation, accused may surrender and file a motion for leave of court to avail of the remedies and prove the reason of his absence. If justified, he may then avail of the remedies within 15 days from notice

(Rule 120, Sec. 6)

If the accused was duly notified, his absence is not a ground for the suspension of the promulgation.

If the judgment is for conviction and the failure to appear was without justifiable cause, the accused shall lose the remedies available in the Rules of Court against the judgment.

Thus, it is incumbent upon the accused to appear on the scheduled date of promulgation, because it determines the availability of their possible remedies against the judgment of conviction. When the accused fail to present themselves at the promulgation of the judgment of conviction, they lose the remedies of filing a motion for a new trial or reconsideration (Rule 121) and an appeal from the judgment of conviction (Rule 122). (Jaylo v. Sandiganbayan, G.R. Nos. 183152-54, 2015)

Absence of some of the accused during promulgation of judgment

If an accused that is part of multiple accused in one case is absent at promulgation of judgment, and such judgment is of conviction, he loses his remedies in law even if an appeal is perfected by his co-accused, who was present, including his name (People v. De Grano, G.R. No. 167710, 2009).

Authorities

  • Jaylo v. Sandiganbayan, G.R. No. 183152-54
  • People v. De Grano, G.R. No. 167710, 5 June 2009
  • Rules of Court
  • Rules of Court, Rule 120, Sec. 6