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Jul 7, 2008


- adjudication of 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
- written in the official language, prepared and signed by the judge, and contain the facts and law on which it is based

Sec. 2. Contents of the Judgment

  1. Legal qualifications, aggravating and mitigating circumstance
  2. Participation of the accused, whether principal, accomplice, or accessory after the fact
  3. Penalty
  4. Civil liability and damages, if any, UNLESS civil liability has been expressly reserved or waived

- state whether the evidence absolutely failed to prove guilt or failed to prove guilt beyond reasonable doubt
- determine if the act or omission from which the civil liability might arise did not exist

- if accused is acquitted based on reasonable doubt, civil liability is not extinguished (because only preponderance of evidence is needed in civil cases)

Sec. 3. Judgment of Two or More Offenses

- WAIVER: if the accused did not object before trial (motion to quash), court may sentence for as many offenses as has been charged and proved and impose on him the penalty for each offense
- but penalty should not exceed three-fold the severest penalty imposed or 40 years of imprisonment

Sec. 4. Judgment in Case of Variance between Allegation and Proof

- accused can be convicted of the offense proved if it is necessarily included in the offense charged
- accused can be convicted of the offense charged if it is necessarily included in the offense proved
- only when it is both charged and proved, UNLESS either is included in the other

NOTA BENE: What determines the nature and cause of the accusation is the actual recital of facts stated in the information or complaint and not the caption or preamble of the information or complaint nor the specification of the provision of law alleged to have been violated they being conclusions of law.

Sec. 5. When an Offense Includes or is Included in Another

- when some of the essential elements or ingredients are present in both
- based on greater offense includes the lesser offense
- but accused cannot be convicted for a greater offense

Sec. 6. Promulgation of Judgment

- reading it in the presence of the accused and any judge of the court where judgment is rendered

  1. Clerk of Court if judge is absent or outside the province or city
  2. If the accused is confined or detained in another place, executive judge of the Regional Trial Court with jurisdiction over place of confinement or detention

- the trial court who promulgated judgment has authority to receive notice of appeal and approve bail bond pending appeal; PROVIDED: if change from bailable to non-bailable, the authority to approve bail bond is with appellate court

- clerk of court shall notify accused, or his bondsman, warden, or counsel

EXCEPTION: Trial in absentia because accused jumped bail or escaped from prison (notice to his last known address)
- if despite due notice, accused fails to appear without justifiable cause, then promulgation in absentia done through recording of the judgment in the criminal docket and serving him a copy at last known address

  1. Promulgation in absentia
  2. Accused loses his entitlement to all remedies available against judgment
  3. Court shall order his arrest

NOTA BENE: But if within 15 days from promulgation, accused surrenders and gives justifiable reasons for absence, he may file leave of court to avail of the remedies. Court shall allow him 15 days to avail of the remedies from notice.

- judgment is rendered after presentation of evidence
- 90-day period for rendering judgment shall be reckoned from date of submission of case for decision
- render judgment with or without transcript of stenographic notes

ADDENDUM: Where there is no promulgation of judgment, no right to appeal accrues.

Sec. 7. Modification of Judgment

- motion to modify or set aside judgment is allowed before appeal is perfected or judgment becomes final

WHEN JUDGMENT BECOMES FINAL: (except death penalty because it is automatically reviewable)
  1. After the lapse of period to perfect appeal
  2. Sentence has been partially or totally satisfied or served
  3. Waiver in writing
  4. Application for probation (not exceed imprisonment of 6 years)

GENERAL RULE: Judgment ipso facto becomes final and executory after lapse of 15 days from date of promulgation. But trial court may lose jurisdiction over the case even before lapse of 15 days, PROVIDED:
  • Accused voluntarily submits to the execution of judgment
  • Accused perfects an appeal
  • Accused waives his right to appeal in writing
  • Accused applies for probation

Sec. 8. Entry of Judgment

- entered by the clerk
- recorded in the book of entries of judgment

  1. Dispositive part of judgment order
  2. Signed by clerk
  3. Certificate that judgment has become final and executory

* Mittimus - process in writing issuing to the sheriff or officer directing him to deliver the accused to jail, and to the jailer commanding him to receive and safely keep such person

Sec. 9. Existing Provisions Governing Suspension of Sentence, Probation, and Parole not Affected by this Rule


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