A.M. No. MTJ-08-1718 - Martinez vs. De Vera

On August 3, 1973, six persons—Samson Suan, Alex Potot, Rogelio Mula, Fernando Cargando, Rogelio Baguio, and Teodoro de la Vega, Jr.—were charged with murder.
On August 22, 1973, all six were arraigned before Presiding Judge Ramon E. Nazareno of the CFI of Cebu and each pleaded not guilty. The court set the first hearing for September 18, 1973, at 1:00 PM, and all accused were duly notified.

Prior to the September 18 hearing, private respondent Teodoro de la Vega, Jr. escaped from detention and did not appear at the scheduled trial.
The fiscal prosecutors moved to proceed with the trial in absentia under Section 19, Article IV of the 1973 Constitution. The trial court received the evidence of the prosecution and other accused in his absence but allowed de la Vega to testify and cross-examine witnesses upon his return.
On November 6, 1973, the trial court dismissed the case against five accused and held the proceedings against de la Vega in abeyance, ruling that he could cross-examine and present his defense once its jurisdiction over him was regained. A motion for reconsideration by the fiscals was denied on November 22, 1973.

Does a court lose jurisdiction over an accused who, after arraignment, escapes from custody?

Under Section 19, Article IV of the 1973 Constitution, does an accused tried in absentia retain the right to present evidence on his behalf and to confront and cross-examine witnesses once he returns?