Javier v. Gonzales
Javier v. Gonzales
Javier v. Gonzales
PEPITO GONZALES
G. R. No. 193150, January 23, 2017
SERENO, C.J.:
FACTS:
Gonzales filed a Motion for Bail with the RTC which was opposed by
Private complainant Carmen Macatiag (Macatiag)—sister of the
deceased victim, Rufino Concepcion. The RTC however granted
Gonzales to bail.
The judge granted the said Motion and reinstated his bail. Gonzales
was also acquitted from all the charges against him.
A petition for certiorari was filed by Carmen Macatiag against Judge
Soluren to the Court of Appeals, which dismissed the said Petition.
Hence, this review.
ISSUE:
Is the RTC Judge’s decision convicting respondent (in absentia)
validly promulgated?
RULING:
Yes. The RTC judge ruled in accordance with the provision stated
under Section 6, Rule 120 of the Revised Rules of Criminal
Procedure which allows a court to promulgate a judgment in
absentia and gives the accused the opportunity to file an appeal
within a period of fifteen (15) days from notice to the latter or the
latter's counsel; otherwise, the decision becomes final.
The records also show that the respondent was properly informed of
the promulgation scheduled on December 15, 2005, whereby the
Return of Service states that the Order and Notice of Promulgation
were personally delivered to respondent's address. During the
promulgation of judgment on 15 December 2005, when respondent
did not appear despite notice, and without offering any justification
for his absence, the trial court should have immediately
promulgated its Decision.
The only essential elements for its validity are as follows: (a) the
judgment was recorded in the criminal docket; and (b) a copy
thereof was served upon the accused or counsel. Hence, the
promulgation of respondent’s conviction is valid.