Disentitlement

This is bad news for Zaldy Co and Harry Roque.

- ALEX MAGNO

In a historic decision, the Supreme Court clarified that a fugitive from justice loses their standing in court. They can no longer participate in the proceedings and cannot seek any judicial relief. They can only restore their standing before the court through voluntary surrender.

Heretofore, it was convenient for persons being served warrants of arrest to flee Philippine jurisdiction. Although beyond the reach of of our law enforcement, they have lawyers represent them in judicial proceedings.

For a long while, the tactic was judicially tolerated. Accused persons basically waited out the judicial proceedings while avoiding jail. They return only after acquittal.

The Court, in its recent ruling, denies fugitives from justice this accommodation, citing the doctrine of “fugitive disentitlement.” By the court's definition, a fugitive is not only someone who flees after conviction to avoid punishment but also one who flees after being charged to prosecution. The ruling denies such persons any judicial relief.