In the Philippine criminal justice system, the interplay between a party’s liberty and their right to seek judicial relief is governed by strict procedural rules. A common point of confusion arises when an accused, who may have been at large or whose bail was cancelled, decides to submit to the jurisdiction of the court while a Motion for Reconsideration (MR) is still pending.
Understanding this dynamic requires a dive into the Rules of Court, the concept of "standing," and the "Flight Vicitiates Remedy" doctrine.
1. The Principle of Jurisdiction Over the Person
Before a court can grant any relief to an accused—including acting upon a Motion for Reconsideration—it must first acquire jurisdiction over the person. This is acquired either through:
- A valid arrest; or
- Voluntary appearance/submission to the custody of the court.
If an accused is a fugitive or has jumped bail, they generally lose their "standing" in court. Submitting to custody while an MR is pending is often the only way to restore that standing and compel the court to rule on the merits of the motion.
2. Effects on the "Standing" of the Accused
The Supreme Court has consistently held that a party seeking relief from the court must submit to its jurisdiction.
- Restoration of Right to Seek Relief: If an accused fled and subsequently filed an MR through counsel, the court may deny the motion outright because the accused is "outside the reach of the law." Submitting to custody cures this defect.
- Preventing the Waiver of Remedies: In some instances, the failure to surrender can be interpreted as a waiver of the right to pursue further remedies. By submitting to custody, the accused demonstrates a willingness to abide by the judicial process, thereby preserving their right to have the MR heard.
3. Impact on the Finality of Judgment
Under Rule 120 and Rule 121 of the Rules of Criminal Procedure, a judgment of conviction becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied, or when the accused has waived in writing the right to appeal.
The "No-Fly" Rule for Reconsideration
If a defendant is convicted and chooses to go into hiding rather than face the court, they cannot simultaneously ask the court to reconsider its decision.
- The Tolling of Time: Filing a timely Motion for Reconsideration generally stays the execution of the judgment and prevents it from becoming final.
- The Risk of Dismissal: However, if the court discovers the accused is not in custody (and has no valid bail), it can dismiss the MR on the ground that the accused has lost the right to appeal or seek reconsideration due to flight.
4. Distinction: Bail vs. Motion for Reconsideration
Submitting to custody while an MR is pending does not automatically entitle the accused to provisional liberty (bail).
| Scenario | Effect of Submission to Custody |
|---|---|
| Bailable Offense | The accused may petition for bail simultaneously with the MR or after surrendering. |
| Non-Bailable (Evidence of guilt is strong) | The accused must remain in detention while the court resolves the MR. |
| Post-Conviction (LGU/Bail Cancelled) | Submission is mandatory to prevent the judgment from becoming final and executory due to the "fugitive" status. |
5. The "Fugitive from Justice" Doctrine
In the Philippines, the "Fugitive from Justice" doctrine provides that an accused who escapes or refuses to submit to the court's jurisdiction is deemed to have waived their right to appeal (or seek reconsideration).
Key Jurisprudence: The court will not "waste its time" hearing the pleas of someone who refuses to submit to the potential consequences of the very judgment they are questioning.
Submitting to custody "purges" the contemptuous act of evading the law, allowing the court to legally entertain the arguments raised in the Motion for Reconsideration.
6. Procedural Consequences
- Lifting of Warrants: Upon submission to custody, any outstanding Warrant of Arrest issued due to the conviction or the cancellation of bail is rendered functus officio (no longer of force).
- Resolution of the MR: Once in custody, the court is now duty-bound to resolve the MR on its merits—whether to affirm, modify, or reverse the conviction.
- Preservation of Appeal: If the MR is denied while the accused is in custody, the accused retains the right to elevate the case to a higher court (e.g., from RTC to Court of Appeals). Had they remained at large, the right to appeal would likely be forfeited.
Summary of Legal Position
Submitting to custody while a Motion for Reconsideration is pending is a procedural necessity for an accused who has previously evaded the court. It validates the movant's standing, prevents the motion from being dismissed on technical grounds of flight, and ensures that the legal battle can continue within the bounds of the law rather than from the shadows.