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 wouldnt 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 ERAPS 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