GR 73875; (May, 1993) (Digest)
G.R. No. 73875 May 18, 1993
REPUBLIC OF THE PHILIPPINES, plaintiff-appellee, vs. JOSELITO AGBULOS alias LITO, accused-appellant.
FACTS
Upon complaint by Angelita P. Bangit, accused-appellant Joselito Agbulos was charged with forcible abduction with rape. He was arraigned on January 23, 1981, and pleaded not guilty. After the prosecution rested its case on April 25, 1984, Agbulos failed to appear at subsequent hearings despite notifications. Warrants for his arrest were issued and recalled due to procedural issues. On November 5, 1984, he again failed to appear, and the court ordered his bonding company to produce him within 30 days. The bonding company failed to comply. On January 30, 1985, Agbulos still failed to appear; his counsel adopted a prosecution witness as evidence for the defense and then rested the case. The trial court proceeded with the trial in absentia, found Agbulos guilty of forcible abduction with rape, and sentenced him to reclusion perpetua, plus indemnity and costs. Agbulos, through counsel, filed a notice of appeal but remained at large.
ISSUE
Whether the appeal of accused-appellant Joselito Agbulos should be dismissed due to his having jumped bail and remained at large during the pendency of the appeal.
RULING
Yes, the appeal is dismissed. The Supreme Court held that the trial in absentia was valid under the constitutional provision (Article III, Section 14(2) of the 1987 Constitution, and its predecessor in the 1973 Constitution) which allows trial to proceed after arraignment if the accused has been duly notified and his failure to appear is unjustifiable. By escaping or jumping bail, an accused is deemed to have waived his right to be present at trial and to have received due notice, with his escape constituting an unjustifiable failure to appear. Furthermore, under Rule 124, Section 8 of the 1985 Rules of Criminal Procedure, the court may dismiss the appeal if the appellant escapes from confinement or jumps bail during the pendency of the appeal. The Court ruled that once an accused escapes or jumps bail, he loses his standing in court and is deemed to have waived any right to seek relief unless he surrenders or submits to the court’s jurisdiction. Since Agbulos remained at large, his appeal was dismissed. The records were ordered remanded to the trial court for issuance of the mittimus.