RULE 120: Judgment

 

RULE 120 – JUDGMENT

1.       WHAT IS JUDGMENT?

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.

A judgment is a “final ruling by a court of competent jurisdiction regarding the rights of the parties or other matters submitted to it in an action or proceeding.” (Macahilig v. Heirs of Gracia Magalit)

2.       WHAT IS THE REQUIRED FORM FOR JUDGMENT?

(Art VIII, Section 14, 1987 Constitution)

·         It must be written in the official language

·         Personally and directly prepared by the judge and signed by him

·         Contain clearly and distinctly a statement of the facts and the law upon which it is based

 

3.       WHAT ARE ITS CONTENTS?

If the judgment is of conviction:

(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:

(1)    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.

(2)    In either case, the judgment shall determine if the act or omission from which the civil   liability might arise did not exist

 

4.       WHAT IS THE RULE FOR JUDGMENT IN CASE THERE IS VARIANE BETWEEN THE ALLEGATION AND PROOF? WHEN CAN YOU SAY THAT AN OFFENSE INCLUDES OR IS INCLUDED IN ANOTHER?

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. 4, Rule 120, ROC)

XPN:

does not apply where facts supervened after the filing of information which changed the nature of the offense

The variance referred to in Sec. 4 of Rule 120 is a situation where:

(a)    the offense proved is different from the offense as charged in the complaint or information, and

(b)   the offense as charged is either included in the offense proved or necessarily includes the offense proved.

v  The accused shall be convicted of the offense proved which is included in the offense charged. He may also be convicted of the offense charged which is included in the offense proved

v  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. (Sec. 5, Rule 120, ROC)

 

5.       HOW IS JUDGMENT PROMULGATED?

(Sec. 6, Rule 120, ROC)

·         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; and

·         When the judge is absent or outside the province or city, the judgement may be promulgated by the clerk

6.       IS PRESENCE OF COUNSEL REQUIRED DURING PROMULGATION?

There is nothing in the rules that requires the presence of counsel for the promulgation of the judgement of conviction to be valid. While notice must be served on both accused and his counsel, the latter’s absence during the promulgation of judgement would not affect the validity of the promulgation. (Icdang v. Sandiganbayan)

 

7.       WHAT IS THE RULE ON MODIFICATION OF THE 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. (Sec. 7, Rule 120, ROC)

 

WHEN CAN A JUDGMENT OF CONVICTION BE MODIFIED?

·         Before it becomes final

·         Before appeal is perfected

Reason for Modification of judgment:

when it becomes imperative in the higher interest of justice or when supervening events warrants it.
(PP v. Romeo Gallo y Igloso, 315 SCRA 461)

  

8.       WHEN JUDGMENT BECOMES FINAL?

·         after the lapse of the period for perfecting an appeal

·         when the sentence has been partially or totally satisfied or served

·         when the accused has waived in writing his right to appeal

·         He has applied for probation.