Order of Promulgation in Absentia
Order of Promulgation in Absentia
Original – Court, 1st Copy – Prosecutor, 2nd Copy – Accused, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court use, which shall be
completed by the Clerk.
BRANCH
Other Compliances
Attorney for
Prosecution: Public Prosecutor Private Prosecutor
Defense: Public Attorney Private Counsel
Other
ORDER
SO ORDERED.
Judge Date
COPY FURNISHED
SPECIAL INSTRUCTIONS
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 of 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 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. xxxx (Section 6, Rule
120, ROC)