People vs Taruc [G.R. No. 185202] Case Digest

 

People vs Taruc

G.R. No. 185202

 

Facts:

Accused-appellant Francisco Taruc was charged in Criminal Case before the RTC of Bataan, with the crime of murder in connection with the death of Emelito Sualog. RTC found the accused guilty of the crime of murder with the attending aggravating circumstance of treachery, is hereby sentenced to suffer the penalty of DEATH.

The case was brought to the Court of Appeals for automatic review pursuant to A.M. No. 00-5-03-SC. Accused-appellant, through the PAO, filed a Motion for Extension of Time to File Appellant’s Brief. Accused-appellant escaped from prison.

CA found the accused guilty of the crime charged but with modification as to the penalty to be imposed.  PAO appealed the case before SC.

 

Issue:

Whether the accused has lost his right to appeal his conviction because of he escaped from jail.

 

Held:

Yes.

 

Ratio:

An accused is required to be present before the trial court at the promulgation of the judgment in a criminal case. If the accused fails to appear before the trial court, promulgation of judgment shall be made in accordance with Rule 120, Section 6, paragraphs 4 and 5 of the Revised Rules of Criminal Procedure, to wit:

In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel.

If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these Rules against the judgment and the court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.

[O] nce an accused escapes from prison or confinement or jumps bail or flees to a foreign country, he loses his standing in court and unless he surrenders or submits to the jurisdiction of the court he is deemed to have waived any right to seek relief from the court.

By escaping prison, accused-appellant impliedly waived his right to appeal.