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EDWARD GARRICK VILLENA v. PEOPLE

This case has been cited 4 times or more.

	GR No. 213607 2016-01-25	PEOPLE v. GLEN PIAD Y BORI MENDOZA, J.
[27] Villena v. People, G.R. No. 184091, January 31, 2011, 641 SCRA 127, 136.
	GR No. 212865 2015-07-15	HORACIO SALVADOR v. LISA CHUA BERSAMIN, J.
As the rule expressly indicates, the promulgation of the judgment of conviction may be done in absentia. The accused in such case is allowed a period of 15 days from notice of the judgment to him or his counsel within which to appeal; otherwise, the decision becomes final.[29] The accused who fails to appear at the promulgation of the judgment of conviction loses the remedies available under the Rules of Court against the judgment, specifically: (a) the filing of a motion for new trial or for reconsideration (Rule 121 ), and (b) an appeal from the judgment of conviction (Rule 122). However, the Rules of Court permits him to regain his standing in court in order to avail himself of these remedies within 15 days from the date of promulgation of the judgment conditioned upon: (a) his surrender; and (b) his filing of a motion for leave of court to avail himself of the remedies, stating therein the reason for his absence. Should the trial court find that his absence was for a justifiable cause, he should be allowed to avail himself of the remedies within 15 days from notice of the order finding his absence justified and allowing him the available remedies from the judgment of conviction.[30]
	GR Nos. 183152-54 2015-01-21	REYNALDO H. JAYLO v. SANDIGANBAYAN SERENO, C.J.
If the judgment is for conviction and the failure to appear was without justifiable cause, the accused shall lose the remedies available in the Rules of Court against the judgment. Thus, it is incumbent upon the accused to appear on the scheduled date of promulgation, because it determines the availability of their possible remedies against the judgment of conviction. When the accused fail to present themselves at the promulgation of the judgment of conviction, they lose the remedies of filing a motion for a new trial or reconsideration (Rule 121) and an appeal from the judgment of conviction (Rule 122).[46]
	GR Nos. 130714 & 139634 2012-10-16	PEOPLE v. VAL DE LOS REYES PERLAS-BERNABE, J.
Records reveal that the appellant jumped bail during the proceedings before the RTC and was, in fact, tried and convicted in absentia. There is dearth of evidence showing that he has since surrendered to the court's jurisdiction. Thus, he has no right to pray for affirmative relief before the courts. Once an accused escapes from prison or confinement, jumps bail as in appellant's case, 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 therefrom.[13]