1. Enumerate the requisites of a “trial in absentia” (2%) and a “promulgation of judgment in absentia” (2%).
2. Name two instances where the trial court can hold the accused civilly liable even if he is acquitted. (2%)
Suggested answer only. Not an official answer and not legal advice.
Trial and promulgation in absentia depend on notice and docketing, while civil liability survives acquittal based on reasonable doubt or civil grounds. Under Article III, Section 14(2) of the Constitution and Rules 115 and 120, trial and promulgation in
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Quick check
Which of the following is an essential requisite for holding a valid trial in absentia under the Rules of Court?
Trial in absentia requires valid arraignment, due notice of trial, and an unjustifiable failure to appear by the accused.
How is a judgment of conviction promulgated if the accused unjustifiably fails to appear despite due notice?
Under Rule 120, promulgation in absentia is executed by recording the judgment in the criminal docket and serving a copy on the accused or counsel.
When does the acquittal of an accused in a criminal case extinguish his civil liability arising from the offense?
Under Rule 120, Section 2, acquittal extinguishes civil liability only if the judgment declares that the act or omission complained of did not exist.
What is the legal consequence if an accused fails to appear for promulgation of judgment without justifiable cause?
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In which scenario may the trial court properly hold an accused civilly liable despite an acquittal in a criminal case?
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Learn more about these topics
1. Trial in Absentia
Under Section 14(2), Article III of the 1987 Constitution and Rule 115 of the Rules of Court, a trial in absentia may proceed provided the accused has been validly arraigned, duly notified of the trial or hearing, and his failure to appear is unjustifiable. This constitutional provision ensures that an accused cannot delay or defeat the administration of justice by deliberately absconding or refusing to appear after jurisdiction over his person has been acquired. The right to be present during trial is deemed waived upon satisfaction of these mandatory procedural requisites.
2. Promulgation in Absentia
Under Rule 120, Section 6 of the Rules of Court, if the accused fails to appear without justifiable cause during the scheduled promulgation of judgment despite due notice, the judgment shall be promulgated by recording it in the criminal docket and serving a copy thereof upon the accused or his counsel. Promulgation in absentia is valid and effective. Consequently, the accused loses remedies against the judgment, such as bail or appeal, unless he surrenders within fifteen days and proves that his absence was due to a justifiable cause.
3. Civil Liability Acquittal
Under Rule 120, Section 2 of the Rules of Court and Article 29 of the Civil Code, an acquittal in a criminal case does not automatically extinguish the civil liability of the accused. Extinction of the penal action results in extinction of the civil action only if there is a finding in the final judgment that the act or omission from which the civil liability might arise did not exist. Where acquittal is based on reasonable doubt or where the court declares that the liability is purely civil, the court may properly hold the accused civilly liable.