The accused who failed to
appear without justifiable cause shall lose the remedies available in the Rules
against the judgment. However, within 15 days from promulgation of judgment,
the accused may surrender and file a motion for leave of court to avail of
these remedies. He shall state in his motion the reasons for his absence at the
scheduled promulgation, and if he proves that his absence was for a justifiable
cause, he shall be allowed to avail of said remedies within 15 days from notice
(Pascua v. Court of Appeals, G.R. No.
140243, December 14, 2000, 348 SCRA 197, 206). (PEOPLE vs. DE GRANO, G.R. No. 167710,
June 5, 2009, 3rd Division, Peralta, J.).
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