The Supreme Court has affirmed that an accused person loses their right to appeal a conviction if they fail to appear at the promulgation of the judgment without justifiable cause and do not surrender to the court within fifteen days. Moreover, remaining a fugitive from justice by failing to lift outstanding warrants of arrest further jeopardizes their standing in court. This decision underscores the importance of adhering to procedural rules and maintaining active engagement in one’s defense to preserve the right to appeal.
Unjustified Absence: When Does Non-Appearance Nullify Appeal Rights?
This case revolves around Police Inspector Edward Garrick Villena and Police Officer 1 Percival Doroja, who, along with other officers, were convicted of robbery (extortion). Villena and Doroja failed to appear at the promulgation of the judgment despite receiving proper notices. Consequently, the Regional Trial Court (RTC) issued warrants for their arrest and subsequently denied their notices of appeal. The central legal question is whether their failure to appear at the judgment promulgation and surrender to the court resulted in a loss of their right to appeal their conviction, in accordance with Section 6, Rule 120 of the Rules of Court.
The petitioners argued that their notices of appeal substantially complied with the requirements of Section 6, Rule 120 of the Rules of Court, as they explained their absence due to a lack of notice caused by their transfer to another police station. However, the Supreme Court disagreed, emphasizing that merely filing a notice of appeal does not automatically reinstate their standing in court. The court highlighted their failure to provide convincing evidence of their transfer and their failure to surrender to the jurisdiction of the RTC, which are critical steps to regain their right to appeal.
The Supreme Court underscored the importance of Section 6, Rule 120 of the Rules of Court, which explicitly outlines the consequences of failing to appear at the promulgation of judgment. The rule states:
Sec. 6. Promulgation of judgment.–The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered…If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.
Building on this principle, the court clarified that an accused who fails to appear at the promulgation of the judgment of conviction loses the remedies available under the Rules of Court, namely, the filing of a motion for new trial or reconsideration and an appeal from the judgment of conviction. The rules, however, allow the accused to regain standing in court to avail of these remedies by surrendering and filing a motion for leave of court to avail of these remedies, stating the reasons for their absence, within 15 days from the date of promulgation of judgment.
The Supreme Court emphasized that the term “surrender” under Section 6, Rule 120 of the Rules of Court, involves an act where a convicted accused physically and voluntarily submits to the court’s jurisdiction to face the consequences of the verdict. The Court further explained that simply filing notices of appeal does not constitute a physical and voluntary submission to the RTC’s jurisdiction. It is only upon a valid surrender and after a proper motion that they can avail themselves of the remedy of appeal. Absent compliance with these requirements, the notices of appeal were correctly denied due course.
Moreover, the Court noted that had the petitioners’ notices of appeal been given due course, the Court of Appeals would have been constrained to dismiss their appeal because the petitioners, who had standing warrants of arrest and did not move to have them lifted, were considered fugitives from justice. In this context, the Supreme Court cited Section 8, Rule 124 of the Rules of Court, which allows for the dismissal of an appeal if the appellant escapes from prison or confinement, jumps bail, or flees to a foreign country during the pendency of the appeal.
Sec. 8. Dismissal of appeal for abandonment or failure to prosecute.–The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de officio. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes from prison or confinement, jumps bail or flees to a foreign country during the pendency of the appeal.
The Court stressed that once an accused escapes from prison or confinement or jumps bail, they lose their standing in court. Unless they surrender or submit to the jurisdiction of the court, they are deemed to have waived any right to seek relief from the court. In the case of the petitioners, the judgment of conviction had already acquired finality as they failed to comply with the mandatory requirements of Section 6, Rule 120 of the Rules of Court, which requires surrender and filing of the required motion for leave of court within 15 days from the date of promulgation of the judgment.
The right to appeal is not a natural right but a statutory privilege. Those who seek to avail of the same must comply with the requirements of the Rules. Failing to do so, the right to appeal is lost. The Supreme Court’s decision underscores that adherence to procedural rules is essential for preserving the right to appeal. The court upheld the denial of the appeal, reinforcing the principle that failure to appear at the promulgation of judgment without justification and failure to surrender to the court results in the loss of appellate remedies.
FAQs
| What was the key issue in this case? | The key issue was whether the petitioners’ failure to appear at the promulgation of judgment and their failure to surrender to the court resulted in a loss of their right to appeal their conviction. |
| What is the effect of failing to appear during the promulgation of judgment? | If an accused fails to appear at the promulgation of judgment without justifiable cause, they lose the remedies available under the Rules of Court, including the right to appeal. |
| What must an accused do to regain the right to appeal after failing to appear at the promulgation? | The accused must surrender to the court and file a motion for leave of court to avail of these remedies, stating the reasons for their absence, within 15 days from the date of promulgation of judgment. |
| What constitutes surrender under Section 6, Rule 120 of the Rules of Court? | Surrender involves an act where a convicted accused physically and voluntarily submits to the court’s jurisdiction to face the consequences of the verdict. |
| What happens if an accused is considered a fugitive from justice? | An accused who is considered a fugitive from justice loses their standing in court and is deemed to have waived any right to seek relief from the court. |
| What does Section 8, Rule 124 of the Rules of Court provide? | Section 8, Rule 124 of the Rules of Court allows for the dismissal of an appeal if the appellant escapes from prison or confinement, jumps bail, or flees to a foreign country during the pendency of the appeal. |
| Is the right to appeal a natural right? | No, the right to appeal is not a natural right but a statutory privilege that may be exercised only in the manner and in accordance with the provisions of the law. |
| What evidence did the petitioners fail to provide in this case? | The petitioners failed to provide convincing evidence of their transfer to another police station, which they claimed as the reason for their absence during the promulgation of judgment. |
This Supreme Court ruling serves as a clear reminder of the importance of adhering to procedural rules and maintaining active engagement in one’s defense. Failure to comply with these requirements can lead to the loss of the right to appeal, emphasizing the necessity for individuals to stay informed about their case status and promptly address any changes in their circumstances.
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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Villena vs. People, G.R. No. 184091, January 31, 2011