OVERVIEW
Under Philippine criminal procedure, promulgation of judgment is governed principally by Rule 120 of the Revised Rules of Criminal Procedure. Promulgation is the formal act of publicly reading and announcing the court’s judgment in the presence of the accused (unless otherwise expressly allowed by the Rules). The scenario in which the accused fails to appear at promulgation is specifically addressed under Rule 120, primarily Section 6, and related provisions. Below is a meticulous discussion of the legal framework, procedural steps, and practical considerations.

1. DUTY TO APPEAR AT PROMULGATION

1.1. General Requirement

Rule 120, Section 6 states that the judgment shall be promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. The accused’s presence is the general rule because promulgation is an essential stage of the criminal proceedings.

1.2. Exceptions to Physical Presence

If the accused cannot be personally present at the promulgation (e.g., due to detention in another facility or security risks), the judgment may be promulgated where he is detained (jail promulgation) or by videoconference, if allowed by specific circulars or court orders.
When the accused has been previously excused for justifiable reasons (e.g., ill health, uncontrollable circumstances) and the court so permits, promulgation in his absence, but in the presence of counsel, may proceed.

2. RULE IF THE ACCUSED FAILS TO APPEAR (PROMULGATION IN ABSENTIA)

2.1. Concept and Legal Basis

Promulgation in absentia occurs when the accused, who has been duly notified of the date and time of promulgation, willfully or without justifiable cause fails to appear.
The legal authority for this procedure is found in Rule 120, Section 6 (second paragraph) of the Revised Rules of Criminal Procedure.

2.2. Procedure When Accused is Absent

Promulgation Still Proceeds: Even without the accused physically present, the judge reads the judgment (conviction or acquittal) in open court.
Presence of Defense Counsel: The accused’s lawyer or a court-appointed counsel must be present during promulgation in absentia. If the counsel is not present either, the court may appoint a counsel de officio to witness the promulgation for the record.
Recording and Notice: The court ensures that the promulgation is entered in the minutes of the court proceedings. Notice is deemed served upon the accused and counsel of record.

3. LEGAL CONSEQUENCES OF ABSENCE DURING PROMULGATION

3.1. Waiver of Post-Judgment Remedies

A critical effect is that the accused is deemed to have waived his right to be notified personally of the judgment as well as other post-judgment remedies, such as filing a Motion for New Trial, Motion for Reconsideration, or Appeal, if the absence is without justifiable cause.
The Supreme Court has consistently held that an unjustified failure to appear is interpreted as a voluntary waiver of the remedies available under the Rules.

3.2. Accused Becomes a Fugitive

If convicted and sentenced to a penalty involving imprisonment, the court typically issues a warrant of arrest if the accused does not voluntarily surrender.
The accused becomes a fugitive from justice upon conviction if he fails to surrender or appear during promulgation.

3.3. Start of the Period to Appeal or Other Remedies

Generally, the 15-day period to appeal or to file motions post-promulgation starts from the date of promulgation, even if the accused is absent, provided due notice was given.
If the accused absconds and does not appear on the scheduled date despite notice, the time to file the remedies runs, and upon lapse, the judgment becomes final and executory.

4. EXCEPTION: WHEN THE ACCUSED MAY STILL AVAIL OF REMEDIES

4.1. Justifiable Cause for Non-Appearance

The Rules and jurisprudence recognize that if the accused can prove a justifiable reason for non-appearance (e.g., medical emergency, force majeure, accidents) and surrenders within 15 days (or such reasonable period) after the promulgation, the court may allow the accused to pursue the remedies (such as appeal).
In such an event, the accused must typically file a Motion for Leave to Avail of Remedies and show:
1. Valid reason for the absence.
2. Lack of intent to evade the promulgation.
3. Immediate voluntary surrender once able to do so.

4.2. Discretion of the Court

Granting of such leave is not automatic; it is subject to the sound discretion of the court, which will evaluate the sincerity and veracity of the accused’s explanation for failing to appear.

5. RELATED ETHICAL AND PROCEDURAL CONSIDERATIONS

5.1. Duty of Counsel

Defense counsel has the obligation to inform the accused of the date of promulgation and the consequences of non-appearance.
Counsel must appear on the promulgation date on behalf of the accused; if counsel fails to appear, the court will appoint a counsel de officio to witness the promulgation, ensuring the accused’s rights are safeguarded to the extent possible.
Legal Ethics: Counsel should ensure that he has exerted all reasonable efforts to secure the appearance of the accused or to properly justify any unavoidable absence.

5.2. Court’s Responsibility

The court must ensure that the accused is effectively notified of the promulgation date. In practice, the court issues an order or a subpoena indicating the place, date, and time for promulgation.
Documentation of service and notice is critical, especially if the accused later contests the validity of promulgation in absentia.

5.3. Handling of Bail

If the accused was previously out on bail and fails to appear at promulgation:
- The bond is typically forfeited, and the bondsmen are ordered to produce the body of the accused or show cause why they cannot.
- The court issues a warrant of arrest for the accused.

6. PRACTICAL STEPS AND TIPS

Timely Notification: Ensure that the accused has personal knowledge of the date of promulgation (via official notice or counsel communication).
Secure an Explanation: If the accused foresees any inability to attend, file a motion in advance explaining the reasons and asking permission from the court.
Attend Despite Likely Unfavorable Judgment: Non-appearance will typically worsen the accused’s situation, since it implies flight and possible waiver of rights to post-judgment remedies.
Immediate Surrender: If absent during promulgation but there is a valid excuse, surrender and file the appropriate motion promptly, ideally within 15 days from promulgation, to avoid finality of judgment.
Counsel’s Vigilance: Defense attorneys must be diligent and mindful of the deadlines for motions/appeals, because the 15-day period does not automatically get postponed by the accused’s absence.

7. SUMMARY OF KEY POINTS

Promulgation must be done in the presence of the accused unless the Rules allow otherwise.
If the accused, after due notice, fails to appear without justifiable reason, promulgation is validly made in absentia.
The accused who willfully absents himself waives the right to be personally notified of the judgment and ordinarily loses post-judgment remedies (motion for new trial, motion for reconsideration, or appeal).
A convicted accused who fails to appear may be immediately subject to arrest, and any bail posted may be forfeited.
If the accused can show a justifiable cause for the absence and promptly surrenders, the court, at its discretion, may allow the accused to avail of post-judgment remedies.

FINAL NOTE

Failure to appear at promulgation can have severe repercussions for an accused person, including loss of the right to appeal or other post-judgment relief, issuance of a warrant of arrest, and forfeiture of bond. An accused and counsel should be vigilant in attending promulgation, or in securing court permission when attendance is impossible for valid reasons. If a justifiable reason exists, immediate steps to surrender and explain the absence within the proper time frame are critical for preserving one’s rights.

This encapsulates the essential points of Philippine criminal procedure regarding Rule 120 on promulgation of judgment and the consequences that flow from the accused’s failure to appear.