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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

On March 11, 2026, accused Maria L. Cruz is charged with robbery with intimidation in the Regional Trial Court, Branch 29, Iloilo City. She was arraigned and pleaded not guilty. On the date set for trial, Cruz is absent despite valid summons; her counsel is present. After warning the parties that the trial would proceed in Cruz’s absence, the court receives testimony from two prosecution witnesses and Cruz is convicted. Cruz later appears and moves for relief, contending that her trial in absentia violated due process. (a) Identify the controlling doctrine on trial in absentia and the conditions under which it is permissible. (b) Evaluate whether the trial in absentia was properly conducted under these facts, distinguishing permissible circumstances from violations. (c) If the proceeding is defective or the conviction may be challenged, describe the remedies available to Cruz and any limitations.

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The controlling doctrine is that trial in absentia is permissible only when the accused has been duly summoned, warned that the trial would proceed in his absence, and the offense is not one punishable by death; under these conditions the court may proceed with the trial and convict on the evidence presented in absentia, with the remedy of filing a petition for relief from judgment or a motion for new trial if the absence was unjustified. The court may convict in absentia only if the accused is outside the Philippines and cannot attend; otherwise, absentia is not allowed for any reason. Trial in absentia is never permissible; the accused must be present in court for trial under any circumstance; the remedy is to file a petition for certiorari to challenge the proceeding. Two prosecution witnesses are required to sustain a conviction in absentia; otherwise the court must acquit.

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