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11.2. JUDGMENT - Coggle Diagram
11.2. JUDGMENT
PROMULGATION
How to promulgate judgment
GR: By reading the judgment in the presence of the accused and any judge of the court in which it was rendered
XPNs:
(1) Conviction is for a light offense -- presence of counsel and representative
(2) Accused is confined or detained in another province or city -- may be promulgated by the Executive Judge having jurisdiction over the place of confinement upon request of the court which rendered the judgment
(3) Judge is absent or outside the province or city -- may be promulgated by the clerk of court
Notice for promulgation The proper clerk of court shall give notice to the accused either:
(1) Personally
(2) Through his bondsman or warden or counsel
(3) The last known address of the accused IF he was tried in absentia because he jumped bail or escaped from prison
Effect of failure to appear despite notice
- Promulgation shall be made by:
(1) Recording the judgment in the criminal docket
(2) Serving the accused a copy of the judgment at his last known address or through his counsel
- He shall lose the remedies available against the judgment and the court shall order his arrest UNLESS he surrenders and files a motion for leave of court to avail of the remedies
Accused interest in bail pending appeal includes:
(1) Freedom pending judicial review
(2) Opportunity to efficiently prepare his case and;
(3) Avoidance of potential hardships of prison
Bail pending appeal
GR: The court promulgating the judgment shall have the authority to accept the notice of appeal and to approve the bail bond pending appeal
XPNs:
(1) A notice of appeal has been filed
(2) If the conviction changed the nature of the offense from non-bailable to bailable -- application for bail can only be filed and resolved by the appellate court
Requisites for a valid promulgation in absentia
(1) Judgment must be recorded in the criminal docket
(2) A copy of the judgment is served upon the accused and counsel
Remedies lost by the accused due to failure to appear at the promulgation
(1) Filing of a Motion for a New Trial or Reconsideration
(2) Appeal from judgment of conviction
How to regain remedies lost by failing to appear at promulgation
(1) Surrender of the accused
(2) Filing of a Motion for leave of court to avail of the remedies within 15 days from date of promulgation of judgment
Presumption of unjustified absence
Unless the accused surrenders and proves his justifiable reason to the satisfaction of the court, his absence is presumed to be unjustified
Valid surrender
- Mere filing of notice of appeal to explain the absence cannot be considered as an act of surrender
- There must be physical and voluntary submission to the jurisdiction of the court to suffer the consequences of the verdict
POST-PROMULGATION
Modification of judgment
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When can it be filed?
- Before the said judgment becomes final OR
- Before he perfects his appeal
When does a judgment become 'final'
(1) When no appeal is seasonably filed (except in cases of automatic review - re: capital penalty)
(2) Partial or total service of sentence
(3) Express waiver of the right to appeal
(4) Application for probation
Entry of judgment
How conducted
- After a judgment has become final, it shall be entered by the clerk in the book of entries of judgments.
Date of finality The date of finality of the judgment or final order shall be deemed to be the date of its entry.
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