JUDGMENT (RULE 120)

Section 1
DEFNITION: JUDGEMENT Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. FORMAL REQUISITES OF JUDGEMENT
(a) It must be written in the official language; (b) personally and directly prepared by the judge and signed by him; and (c) shall contain clearly and distinctly a statement of the facts and the law upon which it is based The jurisdictional requirements before a judgement may be validly rendered are jurisdiction over the subject matter, the territory and the person of the accused. In BPI v. Leobrera, the Court had the occasion to state: xxx We held that though it is not good practice, we see nothing illegal in the act of the trial court completely copying the memorandum submitted by a party, provided that the decision clearly and distinctly sufficient findings of fact and the law on w/c they are based

trial, but merely relied on the records of the case, does not render the judgement erroneous, especially where the evidence on the record is sufficient to support its conclusion (People v. Alfredo, December 15, 2010)

Section 4

Judgment in case of variance between allegation and proof (VARIANCE DOCTRINE)

The variance referred to in Sec. 4 of Rule 120 is a situation where (a) the offense charged in the complaint or information and that proved, and (b) the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. The accused may be convicted only of the crime w/c he is charged. An exception to this rule is the rule on variance in Section 4, Rule 120 of the RoC.

Section 5

When an offense includes or is included in another

An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form a part of those constituting the latter.

Section 2

Variance in the mode of the commission of the offense

A variance in the mode of commission of the offense is binding upon the accused if he fails to object to evidence showing that the crime was committed in a different mannaer than what was alleged.

CONTENTS OF JUDGEMENT
If the judgment is of conviction, it shall state: (a) the legal qualification of the offense constituted by the acts committed by the accused (b) the aggravating or mitigating circumstances which attended its commission; (c) the participation of the accused in the offense, whether as principal, accomplice, or accessory after the fact; (d) the penalty imposed upon the accused; and (e) the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived. In case the judgment is of acquittal: (a) it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt. (b) determine if the act or omission from which the civil liability might arise did not exist

Section 6

Promulgation of judgment
As a rule, a judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside of the province or city, the judgment may be promulgated by the clerk of court. If the accused is confined or detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court which rendered the judgment. The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal; provided, that if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed and resolved by the appellate court.

Section 3
(1)

Rule when there are two or more offenses in a single information or complaint
When two or more offenses are charged in a single complaint or information, the accused must file a motion to quash because of the rule that a complaint or information must charge only one offense except when the law prescribes a single punishment for various offenses. (2) If the accused fails to object before the trial for the violation of Sec. 13 of Rule 110, the accused is deemed to have waived the defect and the court may convict him for as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of the fact and law in each offense.

How accused is to be notified of the promulgation

The notice shall be given by the clerk of court to the accused personally or through his bondsman or warden and counsel. If the accused tried in absentia because he jumped bail or escaped from prison, the notice to him shall be served at his last known address.

Rule if the accused fails to appear in the promulgation of judgement

(1) In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel. (2) If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen (15) days from

Judgement rendered by judge who did not hear the case

The fact that the trial judge who rendered was not the one who had the occasion to observe the demeanor of the witnesses during

promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.

Section 7

Modification of judgment
A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected. Except where the death penalty is imposed, a judgment becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation.

child in conflict with the law shall be brought before the court for execution of judgment. If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twentyone (21) years. SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act.

NEW TRIAL OR RECONSIDERATION (RULE 121)

Section 8

Entry of judgment
After a judgment has become final, (a) After the lapse of the period of perfecting an appeal; or (b) When the sentence has been partially or totally satisfied or served; or (c) When the accused has waived in writing his right to appeal; or (d) Has applied for probation.

Section 1

Filing a Motion for New Trial or a Motion for Reconsideration

The accused may file a motion for new trial or a motion for reconsideration of the judgement adverse to him. The court however, need not wait for a motion from the accused because it may, at its own instance, grant a new trial or a reconsideration of the judgement but with the consent of the accused. If the accused files a motion for new trial or reconsideration, he should file the motion at any time before a judgment of conviction becomes final. (Based on the phraseology of the rule, it is evident that a motion for new trial or a motion for reconsideration applies when the judgement is one of conviction and it is the accused, not the prosecution w/c avails of the same.)

Section 9

Existing provisions governing suspension of sentence, probation and parole not affected by this Rule
Nothing in this Rule shall affect any existing provisions in the laws governing suspension of sentence, probation or parole. RA 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. Upon suspension of sentence and after considering the various chcumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law. SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the

Section 2

Grounds for a new trial

The court shall grant a new trial on any of the following grounds: (a) The errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial; (b) That irregularities prejudicial to the substantial right of the accused have been committed during the trial; (c) The new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment. Requisites for newly discovered evidence Under the Rules, for a newly discovered evidence to be a justifiable ground for a new trial, the following need concur: (a) The evidence must have been discovered after the trial; (b) It could have not been previously discovered and produced at the trial even w/ the exercise of a reasonable diligence; (c) It is a new and material evidence (d) If introduced and admitted, it would probably change the judgement

Section 3

Ground for reconsideration

A reconsideration of the judgement shall be granted on any of the ff grounds: (a) Errors of law in the judgement w/c requires no further proceedings (b) Errors of fact which requires no further proceedings.

Section 4

Form of motion and notice to the prosecutor

The motion for a new trial or reconsideration shall be in writing and shall state the grounds on which it is based. If based on a newlydiscovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence. Notice of the motion for new trial or reconsideration shall be given to the prosecutor.

Change of theory on Appeal

The rule is that a party cannot change his theory on appeal nor raise in the appellate court any question of law or of fact not raised in the court below or which was not within the issue raised by the parties in their pleadings. (offensive to the basic rules of fair play, justice and due process)

Section 5

Hearing on motion
Where a motion for a new trial calls for resolution of any question of fact, the court may hear evidence thereon by affidavits or otherwise.

Section 2

Where to appeal
The appeal may be taken as follows: (a) To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court; (b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided by the Regional Trial Court; and (c) To the Supreme Court, in cases decided by the Court of Appeals.

Section 6

Effects of granting a new trial or reconsideration

The effects of granting a new trial or reconsideration are the following (depends upon the ground availed): (a) When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the introduction of additional evidence. (b) When a new trial is granted on the ground of newlydiscovered evidence, the evidence already adduced shall stand and the newly-discovered and such other evidence as the court may, in the interest of justice, allow to be introduced shall be taken and considered together with the evidence already in the record. (c) In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly.

Section 3

How appeal taken

(a) When the judgement appealed from is that of the MTC, the appeal shall be to the RTC by notice of appeal filed with the court which rendered the judgement or final order appealed from and by serving a copy thereof upon the adverse party . (b) When the judgement appealed from is that of the RTC in the exercise of its original jurisdiction, the appeal shall be to the CA by notice of appeal filed with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party. (c) When the judgement appealed from is that of the RTC in the exercise of its appellate jurisdiction, the appeal shall be to the CA by filing a petition for review with the said court under Rule 42 (d) Where the penalty imposed by the RTC is reclusion perpetua, or life imprisonment, or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed, the appeal shall be by notice of appeal to the CA in accordance with paragraph (a) of this section. (e) No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial Court. The same shall be automatically reviewed by the Supreme Court as provided in section 10 of this Rule. (f) When the appeal is from the decision of the CA, the appeal is generally made by filing a petition for review or certiorari under Rule 45 w/ the SC (because the procedure for the review by the SC of decisions in criminal cases rendered by the CA shall be the same as in civil cases) In cases, however, where the CA imposes reclusion perpetua, or life imprisonment, or where a lesser penalty, the judgement of the CA may be appealed to the SC by notice of appeal filed with the CA. Except as provided in the last paragraph of section 13, Rule 124, all other appeals to the Supreme Court shall be by petition for review on certiorari under Rules 45. Section 4. Publication of notice of appeal . If personal service of the copy of the notice of appeal can not be made upon the adverse party or his counsel, service may be done by registered mail or by substituted service pursuant to sections 7 and 8 of Rule 13. Section 5. Waiver of notice. The appellee may waive his right to a notice that an appeal has been taken. The appellate court may, in its

APPEAL (RULE 122)

Appeal not a natural right
The right to appeal is not a natural right nor a part of due process but merely statutory privilege and may be exercised only in the manner and in accordance w/ the provisions of law. Once it is granted by law, its suppression would be a violation of due process.

Section 1

Who may appeal

Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy. (Observe that the subject matter of the appeal is a judgement or a final order) When he appeals his conviction, he waives the protection on the prohibition against double jeopardy and runs the risk of being sentenced to a penalty higher than that imposed by the trial court. In the case of the People of the Philippines, only the state, through its appellate counsel, the OSG, has the sole right and authority to institute proceedings before the CA or the SC. The authority to represent the State in appeals of criminal cases before the CA and SC is solely vested in the Solicitor General. Where the appellate court failed to notify the SolGen of its resolution on a petition filed by the accused and to require to its comment, this failure has deprived the prosecution of a fair opportunity to prosecute and prove its case.

Subject matter for review on Appeal

An appeal throws the case wide open for review and the reviewing of the tribunal can correct errors or even reverse the trial courts decision on grounds other than those that the parties raised as errors. An appeal in a criminal case opens the entire case for review. The appellate court can correct errors unassigned in the appeal.

discretion, entertain an appeal notwithstanding failure to give such notice if the interests of justice so require.

Section 6

When appeal to be taken

An appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from. This period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the order overruling the motion shall have been served upon the accused or his counsel at which time the balance of the period begins to run. Section 7. Transcribing and filing notes of stenographic reporter upon appeal . When notice of appeal is filed by the accused, the trial court shall direct the stenographic reporter to transcribe his notes of the proceedings. When filed by the People of the Philippines, the trial court shall direct the stenographic reporter to transcribe such portion of his notes of the proceedings as the court, upon motion, shall specify in writing. The stenographic reporter shall certify to the correctness of the notes and the transcript thereof, which shall consist of the original and four copies, and shall file the original and four copies with the clerk without unnecessary delay. If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from promulgation of the sentence, file with the clerk original and four copies of the duly certified transcript of his notes of the proceedings. No extension of time for filing of said transcript of stenographic notes shall be granted except by the Supreme Court and only upon justifiable grounds. (7a) Section 8. Transmission of papers to appellate court upon appeal . Within five (5) days from the filing of the notice of appeal, the clerk of the court with whom the notice of appeal was filed must transmit to the clerk of court of the appellate court the complete record of the case, together with said notice. The original and three copies of the transcript of stenographic notes, together with the records, shall also be transmitted to the clerk of the appellate court without undue delay. The other copy of the transcript shall remain in the lower court. (8a)

(b) The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from. (c) Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party.

Section 12

Withdrawal of appeal
Notwithstanding the perfection of the appeal, the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, as the case may be, may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court as provided in section 8, in which case the judgment shall become final. The Regional Trial Court may also, in its discretion, allow the appellant from the judgment of a Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court to withdraw his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in which case the judgment of the court of origin shall become final and the case shall be remanded to the latter court for execution of the judgment. (12a)

Section 13

Appointment of counsel de oficio for accused on appeal

It shall be the duty of the clerk of the trial court, upon filing of a notice of appeal, to ascertain from the appellant, if confined in prison, whether he desires the Regional Trial Court, Court of Appeals or the Supreme Court to appoint a counsel de oficio to defend him and to transmit with the record on a form to be prepared by the clerk of court of the appellate court, a certificate of compliance with this duty and of the response of the appellant to his inquiry.

Section 9

Appeal to the Regional Trial Courts

(1) Within five (5) days from perfection of the appeal, the clerk of court shall transmit the original record to the appropriate Regional Trial Court. (2) Upon receipt of the complete record of the case, transcripts and exhibits, the clerk of court of the Regional Trial Court shall notify the parties of such fact. (3) Within fifteen (15) days from receipt of the said notice, the parties may submit memoranda or briefs, or may be required by the Regional Trial Court to do so. After the submission of such memoranda or briefs, or upon the expiration of the period to file the same, the Regional Trial Court shall decide the case on the basis of the entire record of the case and of such memoranda or briefs as may have been filed. (9a)

Section 10. Transmission of records in case of death penalty . In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic review and judgment within five (5) days after the fifteenth (15) day following the promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days after the filing thereof by the stenographic reporter. (10a)

Section 11

Effect of appeal by any of several accused

(a) An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter;