This case has been cited 2 times or more.
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2009-06-05 |
PERALTA, J. |
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| Thus, the accused who failed to appear without justifiable cause shall lose the remedies available in the Rules against the judgment. However, within 15 days from promulgation of judgment, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state in his motion 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 15 days from notice.[62] | |||||
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2005-08-25 |
AUSTRIA-MARTINEZ, J. |
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| Clearly, promulgation of judgment in absentia is allowed under the Rules. Hence, in Pascua vs. Court of Appeals,[14] it was held that such promulgation is valid provided the following essential elements are present: (a) that the judgment be recorded in the criminal docket; and (b) that a copy thereof be served upon the accused or counsel. The factual circumstances in said case are analogous to the case at bar. | |||||