Presence of Counsel in Promulgation

There is nothing in the rules that requires the presence of counsel for the promulgation of the judgment of conviction to be valid. While notice must be served on both accused and his counsel, the latter’s absence during the promulgation of judgment would not affect the validity of the promulgation. Indeed, no substantial right of the accused on the merits was prejudiced by such absence of his counsel when the sentence was pronounced (Marino B. Icdan Vs. Sandiganbayan, et al., G.R. No. 185960. January 25, 2012).