Case record shows that the Decision of the court dated August 29, 2007 was promulgated on September 3, 2007. The appropriate notices and subpoenas were duly sent to the accused but [they were] returned with the notation that they are no longer residing at their given address/es. In the present case, all three accused raised the excuse that they were not notified of the setting of the promulgation. The Court finds this ground unmeritorious since the accused have the obligation to inform the Court of the changes in their address in order that the orders, notices and other court processes may be properly sent to them. In any case, the counsels on record for the accused Macalinao, Doroja and Villena were duly notified of the scheduled hearings and promulgation of judgment.chanrobles:nad
Moreover, with the non-appearance of the accused-movants during the presentation of defense evidence and on the scheduled promulgation of the decision, the Court already issued a Warrant of Arrest against the three accused. This means that they have lost their standing in court and unless they surrender or submit to the jurisdiction of the court, they are deemed to have waived any right to seek relief from the court. (People v. Del Rosario, et al., G.R. Nos. 107297-98, December 19, 2000, citing People v. Mapalao, 197 SCRA 79, 87-88 [1991]).chanrobles:nad
IN VIEW THEREOF, the Notices of Appeal filed by accused PO3 Reynaldo Macalinao, PO1 Percival Doroja and P/Insp. Edward Garrick Villena are hereby DENIED DUE COURSE.chanrobles:nad
SO ORDERED.
x x x In the case of accused Reynaldo Macalinao, it is pristinely clear from the case records that he has been actually attending the scheduled hearings of the case since its inception. He was also the only one, among the police officers accused in this case, who testified in Court in defense of the charges leveled against him.chanrobles:nad
Moreover, the Court, after a second look at the records finds that his failure to attend the promulgation of judgment on September 3, 2007 (of the Decision dated August 29, 2007) was due to an excusable and justifiable reason. As stated in his Manifestation/Motion on the Subpoena dated August 29, 2007, the basis for his non-appearance was for the reason that he was transferred from Raxa Bago, Tondo, Police Station (PS-1) to Police Station 11, Meisic located at Felipe II, Binondo, Manila, since July 26, 2006, as evidenced by [the] Certification dated September 19, 2007 issued by P/Insp. Ricardo Tibay Tangunan, Chief Administration Section.chanrobles:nad
We cannot say the same thing for the other two (2) accused, namely, PO1 Percival Doroja and P/Insp. Edward Garrick Villena as they have not manifested nor informed the Court of the cause of their non-appearances despite notices and subpoenas sent to them nor sought for the lifting of the Bench Warrant issued against them unlike accused Reynaldo Macalinao. Also, it can be keenly observed that they both failed to appear in several if not most of the hearings set by the Court since the commencement of the trial of the instant case against them. Noteworthy of such non-appearances in court despite due notices and subpoenas are the scheduled hearings on November 23, 2005, February 8, 2006, February 15 and 22, 2006, April 26, 2006, May 10, 2006, June 21, 2006, September 20, 2006, October 11 and 25, 2006, November 29, 2006, January 24, 2007, February 26, 2007, March 14 and 19, 2007, April 25, 2007 and the promulgation of judgment on September 3, 2007.chanrobles:nad
From all the foregoing actions during the trial of this instant criminal case, and after their conviction by this Court, it is only accused PO3 Reynaldo Macalinao who had shown sufficient interest in defending his case. The records show no unusual and deliberate delay caused by him in the trial of the criminal case.chanrobles:nad
As to the other two accused, it can[not] be gainsaid that they have not proffered any cogent and excusable reason to justify their non-appearance during the aforesaid dates and they only asked for judicial leniency, which this Court cannot give. They have only themselves to be blamed.12
Sec. 6. Promulgation of judgment.--The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court.chanrobles:nad
If the accused is confined or detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court which rendered the judgment. The court promulgating the judgment shall have the authority to accept the notice of appeal and to approve the bail bond pending appeal; provided, that if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed and resolved by the appellate court.chanrobles:nad
The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring him to be present at the promulgation of the decision. If the accused was tried in absentia because he jumped bail or escaped from prison, the notice to him shall be served at his last known address.chanrobles:nad
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.chanrobles:nad
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.16chanroblesvirtuallawlibrary
Sec. 8. Dismissal of appeal for abandonment or failure to prosecute.--The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de officio.chanrobles:nad
The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes from prison or confinement, jumps bail or flees to a foreign country during the pendency of the appeal.18
Once an accused escapes from prison or confinement, jumps bail (as in the case of petitioners), or flees to a foreign country, he loses his standing in court. 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.19
What is more, the judgment of conviction against petitioners had already acquired finality. Under Section 6, Rule 120 of the Rules of Court, they had only 15 days from the date of promulgation of judgment within which to surrender and to file the required motion for leave of court to avail of the remedies against the judgment. As the judgment was promulgated on September 3, 2007, petitioners had only until September 18, 2007 to comply with the mandatory requirements of the said rule.chanrobles:nad
This Court has invariably ruled that the right to appeal is neither a natural right nor a part of due process. It is merely a statutory privilege, and, as such, may be exercised only in the manner and in accordance with the provisions of the law. The party who seeks to avail of the same must comply with the requirements of the Rules. Failing to do so, the right to appeal is lost.20
WHEREFORE, the petition is DENIED. The Resolutions dated April 30, 2008 and August 1, 2008 of the Court of Appeals in CA-G.R. SP No. 103224 are AFFIRMED. Costs against petitioners.chanrobles:nad
SO ORDERED.
Carpio, J., (Chairperson), Peralta, Abad, and Mendoza, JJ., concur.
Endnotes:
1 Rollo, pp. 3-22.chanrobles:nad
2 Per Associate Justices Rebecca de Guia-Salvador, Vicente S.E. Veloso, and Apolinario D. Bruselas, Jr.; id. at 28.chanrobles:nad
3 Penned by Associate Justice Apolinario D. Bruselas, Jr., with Associate Justices Rebecca de Guia-Salvador and Vicente S.E. Veloso, concurring; id. at 30-32.chanrobles:nad
4 Also known as PO3 Dan Firmalino in other documents.chanrobles:nad
5 Per the Information for Robbery (Extortion); id. at 77-78.chanrobles:nad
6 Id. at 80-94.chanrobles:nad
7 Notices of Appeal of Doroja and Villena, respectively; id. at 63-64 and 66-67.chanrobles:nad
8 Id. at 57-58.chanrobles:nad
9 As mentioned in the RTC Order dated February 8, 2008; id. at 60.chanrobles:nad
10 Id. at 69-73.chanrobles:nad
11 Id. at 60-62.chanrobles:nad
12 Id. at 61-62.chanrobles:nad
13 Id. at 33-48.chanrobles:nad
14 Supra note 2.chanrobles:nad
15 Supra note 3.chanrobles:nad
16 Emphasis supplied.chanrobles:nad
17 People v. De Grano, G.R. No. 167710, June 5, 2009, 588 SCRA 550, 570, citing Pascua v. Court of Appeals, 401 Phil. 350, 363 (2000).chanrobles:nad
18 Emphasis supplied.chanrobles:nad
19 Estrada v. People, 505 Phil. 339, 352 (2005), citing People v. Mapalao, et al., 274 Phil. 354, 363 (1991).chanrobles:nad
20 De Guzman v. People, G.R. No. 167492, March 22, 2007, 518 SCRA 767, 771-772, citing Balgami v. Court of Appeals, 487 Phil. 102, 115 (2004).