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    People v. de Grano

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    Ridzanna Abdulgafur
    Three men - Joven, Armando, and Estanislao - were charged with murdering Emmanuel Mendoza. They all pleaded not guilty. Only Estanislao was present at the promulgation of the judgment, despite notices to the others. The prosecution argued the other two lost their right to file a motion for reconsideration by becoming fugitives. The issue was whether the absent men waived their right to be present for the promulgation. The ruling was no - the constitution requires an accused to be present at the promulgation, and this cannot be waived.

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    People v. de Grano

    Uploaded by

    Ridzanna Abdulgafur
    68 views1 page
    Three men - Joven, Armando, and Estanislao - were charged with murdering Emmanuel Mendoza. They all pleaded not guilty. Only Estanislao was present at the promulgation of the judgment, despite notices to the others. The prosecution argued the other two lost their right to file a motion for reconsideration by becoming fugitives. The issue was whether the absent men waived their right to be present for the promulgation. The ruling was no - the constitution requires an accused to be present at the promulgation, and this cannot be waived.

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    People v. De Grano

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    Three men - Joven, Armando, and Estanislao - were charged with murdering Emmanuel Mendoza. They all pleaded not guilty. Only Estanislao was present at the promulgation of the judgment, despite notices to the others. The prosecution argued the other two lost their right to file a motion for reconsideration by becoming fugitives. The issue was whether the absent men waived their right to be present for the promulgation. The ruling was no - the constitution requires an accused to be present at the promulgation, and this cannot be waived.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    68 views1 page

    People v. de Grano

    Uploaded by

    Ridzanna Abdulgafur
    Three men - Joven, Armando, and Estanislao - were charged with murdering Emmanuel Mendoza. They all pleaded not guilty. Only Estanislao was present at the promulgation of the judgment, despite notices to the others. The prosecution argued the other two lost their right to file a motion for reconsideration by becoming fugitives. The issue was whether the absent men waived their right to be present for the promulgation. The ruling was no - the constitution requires an accused to be present at the promulgation, and this cannot be waived.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    153.

    People vs De Grano

    An Information for murder committed against Emmanuel Mendoza. Duly arraigned, Joven, Armando, and Es-
    tanislao pleaded "not guilty" to the crime as charged;

    Only Estanislao was present at the promulgation despite due notice to the other respondents. Respondents,
    thru counsel, then filed a Joint Motion for Reconsideration. prosecution pointed out that while the accused
    jointly moved for the reconsideration of the decision, all of them, except Estanislao, were at-large. Having
    opted to become fugitives and be beyond the judicial ambit, they lost their right to file such motion for recon-
    sideration and to ask for whatever relief from the court.

    Issue: W/N the other co-accused waived their presence during the promulgation of judgement.
    Ruling: No

    The accused is required to be present during the promulgation of judgement.

    Section 14(2), Article III of the Constitution, authorizing trials in absentia, allows the accused to be absent at
    the trial but not at certain stages of the proceedings, to wit: (a) at arraignment and plea, whether of innocence
    or of guilt; (b) during trial, whenever necessary for identification purposes; and (c) at the promulgation of sen -
    tence, unless it is for a light offense, in which case, the accused may appear by counsel or representative. At
    such stages of the proceedings, his presence is required and cannot be waived

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