RULE 120: JUDGMENT
4)
Article VIII, Section 14 of the 1987 Constitution provides:
“Sec. 14. No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the
court shall be refused due course or denied without stating the legal basis
therefor.”
Section 1, Rule 120 provides:
Section 1. Judgment; definition and form. – 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. It must
be written in the official language, personally and directly prepared by the
judge and signed by him and shall contain clearly and distinctly a statement
of the facts and the law upon which it is based.
1. Judgment shall be in the official language.
Article XIV, Section 7 of the 1987 Constitution provides:
“Sec. 7. For purposes of communication and instruction, the official
languages of the Philippines are Filipino and, until otherwise provided by
law, English.
The regional languages are the auxiliary official languages in the region and
shall serve as auxiliary media of instruction therein.
xxx.”
2. Judgment in case of variance between allegation and proof (Sec.
The rule on variance between allegation and proof will apply
or come into play only when the OFFENSE CHARGED and the
OFFENSE PROVED have COMMON ELEMENTS. This means that all the
elements of one are included in the other. The ONE whose elements
are included in the other is the LESSER OFFENSE. The ONE whose
elements include the other is the GRAVER OFFENSE.
In case there is variance between the OFFENSE CHARGED and
the OFFENSE PROVED, the accused may be convicted of the LESSER
OFFENSE.
Ex. 1) Theft is the offense charged but the evidence proves
robbery, convict the accused of Theft since all its elements are
included in robbery. Theft is the LESSER OFFENSE.
Robbery is the offense charged but the evidence proves
theft, convict the accused of theft again because all its elements are
included in robbery. Theft, just like in the first example, is the LESSER
OFFENSE.
If the elements of the OFFENSE CHARGED are totally
different from the OFFENSE PROVED, the rule on variance will not
apply. It will become a situation where there is a mistake in charging
the proper offense for which the accused cannot be convicted. The
remedy is SUBSTITUTION (by filing the information charging the
correct offense) which will not place the accused in double jeopardy.
Ex. Robbery is the offense charged but the evidence proves
bribery. Dismiss robbery and file another information (as a
substitute) charging bribery.
3. Promulgation of judgment; effect of absence of accused (Sec. 6)
Section 6 of Rule 120 provides:
“Section 6. Promulgation of judgment. — The 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.
The proper clerk of court shall give notice to the accused personally
or through his bondsman or warden and counsel, requiring him to be
present at the promulgation of the decision. If the accused was tried in
absentia because he jumped bail or escaped from prison, the notice to him
shall be served at his last known address.
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
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 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.
If the accused does not appear at promulgation despite
notice, promulgation shall proceed by recording the judgment in the
docket of criminal cases and serving a copy to him at his last known
address or thru his counsel.
If the judgment is one of conviction and the failure of the
accused to appear was unjustified, he shall loose all the remedies
available in the Rules against the judgment and shall be ordered
arrested.
What should accused do to regain his standing and avail of the
remedies?
1) Surrender within 15 days from promulgation;
2) File a motion for leave to avail of the remedies under the
Rules against the judgment of conviction;
3) State the reasons for his absence at the scheduled
promulgation; and
4) Prove that the absence was for a justifiable cause.
If the Court finds that the justification is meritorious, the accused
shall have 15 days from notice (from receipt of the order of the Court)
within which to avail of the remedies.
4. Modification of judgment (Sec. 7)
Section 7, Rule 120 provides:
 “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.”

NOTE:

Instances when a judgment of conviction become final:

1) After the lapse of the period for perfecting an appeal;

2) When the sentence has been PARTIALLY or TOTALLY satisfied or

served;

3) When the accused has WAIVED IN WRITING his right to appeal;

4) When the accused has APPLIED FOR PROBATION.

5. Entry of judgment (Sec. 8)

a) Relate with Section 2, Rule 36

RULE 121: NEW TRIAL OR RECONSIDERATION
1. When new trial or reconsideration granted (Sec. 1)
Section 1, Rule 121 provides:
“Section 1. New trial or reconsideration. — At any time before a
judgment of conviction becomes final, the court may, on motion of
the accused or at its own instance but with the consent of the
accused, grant a new trial or reconsideration.”
2. Grounds for new trial (Sec. 2)
Section 2, Rule 121 provides:
“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) 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.”
3. Grounds for reconsideration (Sec. 3)
Section 3, Rule 121 provides:
“Section 3. Ground for reconsideration. — The court shall grant
reconsideration on the ground of errors of law or fact in the
judgment, which requires no further proceedings.”
On the effects of granting a motion for new trial or reconsideration,
Section 6, Rule 121 provides:
“Section 6. Effects of granting a new trial or reconsideration. —
The effects of granting a new trial or reconsideration are the
following:
(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 newly-discovered
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.
RULE 122: APPEAL 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 judgment or final

1. Who may appeal (Sec. 1) order appealed from shall be stayed.
Any party may appeal from a judgment or final order
provided the accused will not be placed in double jeopardy.

2. Where to appeal (Sec. 2)

3. How to appeal (Sec. 3)

4. When to appeal (Sec. 6)

The period to appeal is fifteen (15) days counted from

promulgation of the judgment or from notice (meaning receipt of a
copy) of the final order appealed from.

The fifteen (15) period shall be interrupted by the filing of a

motion for new trial or reconsideration. If the motion is denied, the
accused shall have another fifteen (15) days within which to appeal,
counted from notice (or receipt of a copy) of the order of denial.

5. Effect of appeal by any of several accused (Sec. 11)

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 latter.