A Keeper From Baycas

Below follows a comment from contributor Baycas on the Filipino Voices post The Presumption of Innocence: which deserves archiving and prominence here at Philippine Commentary:

This will certainly go in your favor (and JCC's too). I am sick and not busy at the moment…my legal department, aka Google, was able to come up with the solution to my puzzle (based on your perspective):

Presumption of innocence – continued
Conviction – ?
Sentence – stayed (during pendency of appeal)
Appellant – confined
Outcome of trial – being reviewed

It was spelled out in Mangubat vs Sandiganbayan G.R. No. L-60613-20 August 29, 1986:

…it cannot be said that said Court acted with grave abuse of discretion, correctible by certiorari, in ruling that despite her convictions, "Preagido has still in her favor the constitutional presumption of innocence ... (and until) a promulgation of final conviction is made, this constitutional mandate prevails."

This ruling was reverberated here…

A.M. No. 06-9-545-RTC, January 31, 2008 penned by J. Nachura:

We agree with respondent's argument that since her conviction of the crime of child abuse is currently on appeal before the CA, the same has not yet attained finality. As such, she still enjoys the constitutional presumption of innocence. It must be remembered that the existence of a presumption indicating the guilt of the accused does not in itself destroy the constitutional presumption of innocence unless the inculpating presumption, together with all the evidence, or the lack of any evidence or explanation, proves the accused's guilt beyond a reasonable doubt. Until the accused's guilt is shown in this manner, the presumption of innocence continues.

And, recently, here (as you’ve mentioned the Jalosjos case)…

ANTONIO F. TRILLANES IV vs HON. OSCAR PIMENTEL, SR., IN HIS CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT- BRANCH 148, MAKATI CITY; GEN. HERMOGENES ESPERON, VICE ADM. ROGELIO I. CALUNSAG, MGEN. BENJAMIN DOLORFINO, AND LT. COL. LUCIARDO OBEÑA, G.R. No. 179817 (promulgated June 27, 2008), decision made by Associate Justice CONCHITA CARPIO MORALES:

The Court in Jalosjos did not mention that the presumption of innocence no longer operates in favor of the accused pending the review on appeal of the judgment of conviction. The rule stands that until a promulgation of final conviction is made, the constitutional mandate of presumption of innocence prevails.

In effect, you are right and I can now fill in the blank:

Presumption of innocence – continued
Conviction – NOT YET FINAL AND EXECUTORY
Sentence – stayed (during pendency of appeal)
Appellant – confined
Outcome of trial – being reviewed