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Philippine Bar review · Question

Practice question: Nonappearance of Accused

Multiple Choice Hard

Practice question

A convicted accused receives proper notice but deliberately stays away from promulgation and remains at large. His lawyer argues that a timely ordinary appeal is available regardless of Section 6 because appeals concern liberty. The accused has not surrendered or filed a motion for leave. Under Jaylo, which is correct?
  1. Liberty interests automatically eliminate Section 6
  2. The accused cannot bypass the prescribed consequences and recovery requirements merely through counsel's ordinary appeal
  3. Any absent accused automatically receives a new trial
  4. The absence nullifies the conviction without further inquiry
  5. The private complainant must surrender instead

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
  • https://lawphil.net/judjuris/juri2015/jan2015/gr_183152_2015.html — Jaylo v. Sandiganbayan, G.R. Nos. 183152-54, January 21, 2015, MAIN decision (unjustified nonappearance at promulgation and recovery of remedies).

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