For not showing up during the promulgation of his robbery case in 2012, a dismissed Manila police officer had lost his right to appeal his conviction and was ordered by the Court of Appeals to start serving his prison sentence.
The CA’s 17th Division dismissed for lack of merit the excuses offered by former Senior Inspector Joselito Binayug to explain his absence at the Feb. 23, 2012 promulgation at Manila Regional Trial Court–Branch 17.
Binayug was dismissed from service in January 2011 after he and several other Manila policemen were caught on video torturing a robbery suspect at a precinct in Tondo in August the previous year.
He was arrested in April this year and charged with violating Republic Act No. 9745 or the Anti-Torture Act.
But prior to the circulation of the torture video in the media, Binayug was charged with robbery in the Manila RTC. The complainant, Frederick Suba, said Binayug robbed him of P1,500 in cash in December 2002.
He was found guilty in the robbery case by then Acting Presiding Judge Ma. Therese Dolores Gomez-Estoesta in February 2012 and was sentenced to two to 10 years in prison.
When he failed to show up at the promulgation, his bail bond was cancelled and a warrant of arrest was again issued against him.
Binayug had 15 days to surrender to the RTC so he could avail himself of the option to appeal his case and secure bail. He filed several motions in March and April that same year to have the warrant withdrawn.
He claimed he was not able to attend the promulgation because his representative learned from a court employee that his case was still up for decision and that a date for the promulgation was yet to be set. He also blamed his former lawyer who he said failed to notify him.
But the CA said “the petitioner failed to show that his absence during the promulgation was for a justifiable cause. He cannot feign ignorance of the scheduled promulgation and blame his former counsel or unidentified (court) personnel.”