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.
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 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.
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.
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.
HOW IS THE JUDGMENT PROMULGATED?
The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered.
When the judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court.
CAN THERE BE PROMULGATION OF JUDGMENT IN THE ABSENCE OF THE ACCUSED?
As a general rule, judgment must be promulgated in the presence of the accused.
However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative.
Also, if the accused fails to attend the promulgation, even if he was notified thereof, or if he jumped bail or escaped from prison, judgment may be validly promulgated in absentia
WHAT HAPPENS IF ONLY THE DISPOSITIVE PORTION OF THE JUDGMENT IS READ TO THE ACCUSED?
The first jeopardy will not validly attach
The judgment must be promulgated in its entirety, not just the dispositive portion
Otherwise, the criminal case wouldn’t have been validly terminated and double jeopardy as a defense cannot attach
WHERE SHOULD JUDGMENT BE PROMULGAGED IF THE ACCUSED IS CONFINED IN A PROVINCE OUTSIDE OF THE TERRITORIAL JURISDICTION OF THE COURT?
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 can also accept notices of appeal and applications for bail, unless the court that rendered the decision changed the nature of the offense from non-bailable to bailable, in which case, the application for bail can only be filed
and resolved by the appellate court.
WHAT HAPPENS IF THE ACCUSED FAILS TO APPEAR ON THE DATE OF PROMULGATION OF JUDGMENT DESPITE NOTICE?
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
WHAT ARE THE REMEDIES THAT THE ACCUSED CANNOT AVAIL OF WHEN JUDGMENT IS PROMULGATED IN ABSENTIA?
1. Appeal
2. Probation
3. Parole
4. Motion for new trial or reconsideration
5. Suspension of sentence
WHAT ARE THE INSTANCES WHEN JUDGMENT MAY BE PROMULGATED DESPITE THE ABSENCE OF ACCUSED?
1. When the accused has been convicted of a light offense. Judgment may be promulgated in front of the counsel or representative of the accused
2. When the trial was held in absentia because either the accused jumped bail or escaped confinement
IF THE PROMULGATION OF JUDGMENT MUST BE IN ITS ENTIRETY, THEN DOES IT MEAN THE PROMULGATION OF JUDGMENT IN ERAP’S CASE NOT VALID?
It is valid
To clarify, the case of Quizon v. CA held that the promulgation of judgment was wrong not because only the dispositive portion was read. It was wrong since what was only promulgated was
judgment regarding the civil liability when it should have promulgated judgment on both the civil and criminal liability
So on the question on whether or not it is invalid promulgation to only read the dispositive portion, it is valid promulgation
