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BIENVENIDO O. MARCOS v. FERNANDO S. RUIZ

This case has been cited 1 times or more.

2005-04-14
CARPIO, J.
Under Section 2(c), Rule 114 and Section 1(c), Rule 115 of the Rules of Court, Crisostomo's non-appearance during the 22 June 1995 trial was merely a waiver of his right to be present for trial on such date only and not for the succeeding trial dates.[62] Section 1(c) of Rule 115 clearly states that:xxx The absence of the accused without any justifiable cause at the trial on a particular date of which he had notice shall be considered a waiver of his right to be present during that trial. When an accused under custody had been notified of the date of the trial and escapes, he shall be deemed to have waived his right to be present on said date and on all subsequent trial dates until custody is regained.