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.
Sec. 2. Contents of the judgment. – If the judgment is of conviction, it shall state (1) the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission; (2) the participation of the accused in the offense, whether as principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the accused; and (4) 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, 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. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist.
o The offense o Penalty o Participation
o Aggravating or mitigating circumstances o If acquitted, whether:
There is complete non-liability
Reasonable doubt
Facts from which the civil liability might arise were not committed An acquittal does not necessarily carry with it the extinguishment of the civil liability.
o That’s why judgments of acquittal are required to state whether evidence of the
prosecution failed to prove the guilt of the accused or merely failed to prove it beyond a reaonsable doubt. (Ching v Nicdao, 2007, where the offended party was entitled to appeal the civil aspect of a BP22 case despite the acquittal of the accused.)
Is there a remedy against acquittal?
o GR: No, it’s immediately executory.
NOT even an MR by the prosecution. EX: GADALEJ, so certiorari.
o You file Rule 65 with the conformity of the OSG.
But if in the MTC, with the conformity of the Office of the Prosecutor.
Sec. 3. Judgment for two or more offenses. – When two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense.
Read with Rule 110, Sec 13
Sec. 4. Judgment in case of variance between allegation and proof. – When there is variance between the offense charged in the complaint or information and that proved, and 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.
Sec. 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 part of those constituting the latter.
What happens if there’s a difference between the offense charged in the complaint/info and the offense proved?
o Convict of either the
offense proved (which must be included in the offense charged), or offense charged (which is included in the offense proved)
basically: the lesser offense, whether it be the one proved or charged o Hence, one can be convicted of grave coercion in an info which charges robbery. (Consulta
v People, 2009)
Sec. 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 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.chan robles virtual law library
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.
In civil cases, you have judgment “served.” In criminal cases, you have judgment “promulgated.” That’s why you need notice of judgment.
GR: The accused must be present during the promulgation of the judgment. o EXCEPT: light offenses
What happens if he’s not there without justifiable cause?
o He loses the remedies available in the rules and he shall be arrested. Can he explain?
Yes, within 15 days.
Who promulgates?
o GR: Judge who ruled over the case, or the clerk of court (if judge is absent or outside the province or city)
EXCEPT:
If accused confined elsewhere, the executive judge in the RTC who has jurisdiction over the place of confinement
o Can the appellate courts do promulgation? Yes.
When duly certified by the division, it will be forwarded to the clerk of court who will give notice of promulgation on paper.
Where do you file the notice of appeal and the bail? o To the court promulgating the judgment
BUT, if the decision makes the offense bailable (from non-bailable), the bail application must be filed with the appellate court who will resolve it
To whom should notice of promulgation be served? o As much as possible, to the accused personally.
EXCEPT:
If in jail: to the warden
If out on bail: to the bondsman. If at large: to his last known address
Sec. 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.
Judgment can be modified before it is final and executory.
o But once final and no appeal is perfected, it can no longer be modified (Tamayo v People, 2008, where an alleged compromise made after the judgment became final and executory was not allowed to modify the criminal aspect of the case.)
EXCEPT:
Correction of nunc pro tunc entries or clerical errors In criminal cases, when does it become final and executory?
o After lapse of period to appeal
o Sentence has been partially or totally satisfied or served o Accused waived his right to appeal
o Accused applied for probation
Sec. 8. Entry of judgment. – After a judgment has become final, it shall be entered in accordance with Rule 36.
Sec. 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.