THE DENIECE CORNEJO/CEDRIC LEE CONVICTION: MAY CHANCE PA BANG MA-ABSWELTO? ANO ANG LEGAL REMEDIES?
00:42.8
and then court of appeals and then the Supreme Court.
00:46.5
Now, the case was originally tried in the regional trial court.
00:53.0
Now, pag na-convict yung accused sa RTC
00:58.0
is that conviction final?
00:59.8
The answer po is no.
01:02.1
The accused can still appeal their case to the next higher court
01:06.0
which is the court of appeals.
01:08.3
But even before filing a notice of appeal
01:13.2
or appealing their case, their conviction to the next higher court
01:16.6
pwede pa po silang mag-file ng motion for new trial
01:22.1
or motion for reconsideration.
01:26.9
Kailan ba silang mag-file?
01:28.0
They must file the motion for new trial or motion for reconsideration
01:36.0
within 15 days from promulgation of judgment.
01:40.7
Ano ba ang mangyayari pag na-promulgate yung judgment?
01:45.6
Sabi naman ni Nico David, kaya pala sumuko, yes.
01:49.5
Tama ka, Nico David, because meron pang remedy.
01:52.9
It's not yet the end of the line insofar as the accused
01:57.3
may not be able to file the motion for new trial or motion for reconsideration.
01:58.0
In that case, our concern.
02:00.4
Ano ba ang mangyayari pag promulgation of judgment?
02:04.1
Ano ba ang mangyayari doon?
02:06.0
Let us read the law.
02:08.0
Under Rule 120, Section 6 of the Revised Rules of Criminal Procedure,
02:16.8
the judgment daw is promulgated by reading it in the presence of the accused
02:22.0
and any judge of the court in which it was rendered.
02:26.5
So, ang mangyayari,
02:28.0
ang mangyayari po pala sa promulgation of judgment
02:30.1
is that dapat mag-appear yung accused
02:32.1
doon sa hearing mismo kung saan babasahan siya ng sintensya
02:36.2
or babasahan siya ng disisyon ng korte kung ano ang magiging sintensya niya.
02:42.6
Reading it in the presence of the accused.
02:45.8
If the judgment is for conviction,
02:48.2
like yung nangyari kay Denise Cornejo and Cedric Lee,
02:53.2
and the failure of the accused to appear was without justifiable cause,
02:58.0
he shall lose the remedies available in these rules against the judgment
03:03.5
and the court shall order his arrest.
03:07.4
Ibig sabihin pala,
03:09.2
kailangan pong mag-attend sa promulgation ang akusado
03:14.9
kung saan siya babasahan ng judgment
03:17.7
because it must be read in the presence of the accused.
03:22.4
Ano ba ang mangyayari kung hindi nag-attend ang accused?
03:25.7
Kung hindi pong nag-attend ang accused,
03:28.0
nag-attend ang accused,
03:29.6
tapos ang judgment ng korte is ikukonvict siya,
03:34.2
ang mangyayari po dyan is he will lose the remedies available to him
03:39.2
if his absence is without justifiable cause.
03:43.5
Pag hindi siya nakapunta,
03:45.3
despite notice, kahit na he was informed na merong hearing,
03:50.6
merong promulgation, tapos hindi siya nagpunta,
03:53.9
and his absence is without justifiable cause,
03:58.0
hindi na po siya makakapag-file ng motion for new trial,
04:01.1
motion for reconsideration,
04:03.1
or hindi na po siya makakapag-file ng appeal.
04:07.5
So, importante po pala na mag-attend siya sa hearing,
04:12.5
sa promulgation ng kaso niya.
04:14.3
Otherwise, he will lose these remedies.
04:17.1
Now, alam mo naman, mapagbigay talaga ang batas sa mga akusado.
04:22.0
Ang sinasabi po dito is this.
04:25.4
Now, within 15 days from promulgation,
04:28.0
of judgment, however,
04:29.6
the accused may surrender and file a motion for leave of court
04:33.6
to avail of these remedies.
04:37.0
He shall state the reasons for his absence
04:39.3
at the scheduled promulgation,
04:41.6
and if he proves that his absence was for a justifiable cause,
04:45.2
he shall be allowed to avail of the said remedies
04:48.3
within 15 days from notice.
04:51.4
Ibig sabihin, okay, let us assume na hindi nakapunta.
04:58.0
Like, what happened to Cedric Lee, di ba?
05:00.0
Hindi siya nakapunta during the promulgation.
05:02.6
Tapos, yung hindi niya pagpunta was without justifiable cause.
05:06.7
No? Talagang hindi lang siya nagpunta.
05:10.0
Ang nakasabi dun sa batas, sa rules, is
05:12.6
he shall lose the remedies available to him.
05:15.7
But, dun mismo sa provision, sa second sentence,
05:20.5
he can still avail of the remedies available to him
05:25.1
pag nag-file siya ng motion sa court.
05:28.0
Motion for leave of court,
05:29.6
and then, dapat mag-explain siya dun,
05:32.5
maglagay siya ng mga rason dun
05:33.9
kung bakit siya hindi naka-attend ng hearing ng promulgation niya.
05:37.5
Tapos, pag naniwala ang korte sa kanya,
05:40.0
then he will be granted the remedies that are provided to him.
05:43.5
Like what I said,
05:44.7
either file a motion for reconsideration
05:47.2
or file a motion for new trial
05:50.9
within 15 days from the promulgation of judgment.
05:55.2
Yung conviction po kasi,
05:56.8
magiging final lang po,
05:57.9
yung conviction after 15 days from promulgation of judgment.
06:03.8
the date today is May 4, di ba?
06:08.5
Today yung promulgation,
06:10.4
after 15 days pa ho,
06:13.0
magiging final yung conviction.
06:15.0
So, today yung conviction,
06:17.1
first day is excluded,
06:18.4
the last day is included.
06:20.5
Yun po ang counting ng regulatory period.
06:22.7
So, kailan magiging final yung conviction?
06:25.7
You count 15 days,
06:28.5
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19.
06:34.1
The convict po has until May 19, no?
06:37.6
To file a motion for reconsideration
06:40.3
or file a motion for new trial, no?
06:44.4
Or file a notice of appeal.
06:48.0
Pag wala po siyang final na mga remedies
06:50.7
within the 15-day period,
06:53.3
on the 16th day po,
06:55.0
magiging final na po yung conviction.
06:57.3
So, meron talagang remedy
07:02.5
It's not yet the end of the line
07:06.1
So, yun po ang meaning
07:07.1
ng finality of conviction po.
07:09.3
Pag naka-file na po ng motion
07:11.1
for reconsideration
07:12.2
or motion for new trial
07:14.0
or notice of appeal,
07:16.0
hindi pa ho final ang conviction dyan.
07:18.7
Technically, pending pa ho ang kaso.
07:22.6
So, I am pretty sure po,
07:23.9
yung mga abogado po ni Cedric Lee
07:25.8
at saka ni Denise Cornejo,
07:27.3
they will timely file, no?
07:29.5
Pwede silang mag-file muna
07:30.7
ng motion for reconsideration.
07:32.9
Tapos, pag hindi nag-grant yung motion
07:34.6
for reconsideration,
07:36.4
then they can file still a notice of appeal.
07:42.0
Thank you for watching!
