Under Rules of Court, Rule 120 Section 6, states that:
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. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative.
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In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel.
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.
As the rule
expressly indicates, the promulgation of the judgment of conviction may be
done in absentia. The accused is
allowed a period of 15 days from notice of the judgment to him or his counsel
within which to appeal; otherwise, the decision becomes final.[1] The
accused who fails to appear at the promulgation of the judgment of conviction
loses the remedies available under the Rules of Court against the
judgment, specifically: (a) the filing of a motion for new trial or for
reconsideration (Rule 121 ), and (b) an appeal from the judgment of conviction (Rule
122). However, the Rules of Court permits him to regain his standing
in court in order to avail himself of these remedies within 15 days from the
date of promulgation of the judgment conditioned upon: (a) his
surrender; and (b) his filing of a motion for leave of court to avail
himself of the remedies, stating therein the reason for his absence. Should the
trial court find that his absence was for a justifiable cause, he should be
allowed to avail himself of the remedies within 15 days from notice of the
order finding his absence justified and allowing him the available remedies
from the judgment of conviction.
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