2018 Remedial Law, Q10

In a buy-bust operation, 30 kilos of shabu were seized from Dave and Daryll. They were arrested and placed on inquest before Prosecutor Danilo Doon who ordered their continued detention. Thereafter, the information for the sale and distribution of shabu was filed in court. When arraigned, Dave and Daryll pleaded not guilty to the charge. During pre-trial, counsel for both of the accused raised, for the first time, the illegality of the arrest. The case proceeded to trial. After trial, the court scheduled the promulgation of judgment with notice to both the accused and their counsel, Atty. Dimayuga. During the promulgation, only Dave and Atty. Dimayuga were present. Both the accused were convicted of the crime charged.
(a) Was the challenge to the validity of the arrest timely raised? (2.5%)
(b) What is the remedy available to Daryll, if any, to be able to file an appeal? (2.5%)

Quick check

When must an accused raise an objection to the legality of his warrantless arrest?

What is the procedural consequence of entering a plea of not guilty without challenging an illegal arrest?

Under Rule 120, Section 6, what happens if an accused fails to appear at promulgation without justifiable cause?

What must a convicted accused who was absent during promulgation do to regain the right to appeal?

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Within what period from promulgation must an accused convicted in absentia surrender to preserve remedies?

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1. Illegal Arrest Waiver
Under Rule 117, Section 9 of the Rules of Court, any objection to the legality of an arrest or the acquisition of jurisdiction over the person of the accused must be raised in a motion to quash before entering a plea during arraignment. Entering a plea of not guilty without challenging the validity of the arrest constitutes a voluntary submission to the court's jurisdiction and operates as an implied waiver of any defect in the arrest. Once waived, the illegality of the arrest cannot be successfully invoked as a ground for acquittal or dismissal during pre-trial or subsequent trial proceedings.

2. Promulgation in Absentia
Under Rule 120, Section 6 of the Rules of Court, the promulgation of judgment shall be made 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 grave offense and the accused fails to appear without justifiable cause despite notice, promulgation shall be executed by recording the judgment in the criminal docket and serving a copy upon the accused or counsel. Failure to appear at promulgation results in the immediate forfeiture of legal remedies against the judgment of conviction.

3. Surrender and Appeal
An accused convicted in absentia who fails to appear at promulgation loses the right to file an appeal or avail of other post-conviction remedies. To regain the right to appeal, the accused must surrender to the custody of the court within fifteen days from promulgation and file a motion for leave to avail of remedies. The accused must satisfy the trial court that the absence during promulgation was due to a justifiable cause. If the court finds the explanation satisfactory, the accused will be allowed to file a notice of appeal within the remaining period.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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