VIllena v People

TOPIC: Waiver of appeal- absence of accused at

promulgation; effects on right to appeal; remedy
DOCTRINE: To perfect an appeal, one should not have
lost their standing in the court. As petitioner, failed to
appear during their promulgation of their judgment,
they have lost standing thus waiving their right to
appeal, unless they voluntarily surrender.
FACTS:
1. Petitioners were charged and found guilty of
robbery-extortion by the RTC
2. During promulgation of their judgment, they
failed to appear despite proper notices. Thus,
warrants of arrest were issued against them
3. Petitioners thereafter separately filed their
notices of appeal with the RTC, saying that they
did not receive the notices as they were
transferred to another police station
4. RTC found their reason unmeritorious as they
should have notified the court of their new
addresses especially that they were the
accused, and that having to surrender is their
only option for appeal
5. CA affirmed

ISSUE/S:
1. Whether or not the petition has merit- No
RULING:
1. To perfect an appeal, one should not have lost
their standing in the court. As petitioner, failed
to appear during their promulgation of their
judgment, they have lost standing thus waiving
their right to appeal
a. Their excuse was not found convincing as
they did not even prove their cause
showing at least some documentary
evidence
b. Their mere filing of notices was not the
act of surrender contemplated, as it
means
that
they
voluntarily
and
physically submit themselves to the
jurisdiction of the court
c. Also, there has already been a finality of
judgment as they only had 15 days to file
the said of notice appeal, and they filed it
barely a month after the deadline
DISPOSITIVE: Respondent won.