Practice question
An accused is confined in another province when judgment is to be promulgated. Court personnel assume that only physical travel to the rendering court can ever permit promulgation and that confinement elsewhere necessarily means deliberate absence. Which is accurate under Rule 120?
- Confinement elsewhere always proves an unjustified refusal to attend
- Only the accused's family can promulgate
- No judgment can ever be promulgated while the accused is detained elsewhere
- The rule provides for promulgation by the executive RTC judge where the accused is confined upon request of the rendering court; deliberate absence must not simply be assumed
- The accused is automatically acquitted because of the distance
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).
Answer this question in flashcards to review your response and continue practicing.