Practice question
An accused unjustifiably misses promulgation of a non-light-offense conviction despite notice. Counsel simply files a motion for reconsideration without the accused surrendering or seeking leave under Section 6. Does counsel's filing alone restore the lost remedies?
- Yes; any counsel filing automatically restores them
- Yes; counsel's presence always replaces the accused in every offense
- No; the prescribed surrender-and-leave procedure must be satisfied
- Yes; the clerk may waive all requirements
- No; recovery is forbidden even within the stated period
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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