Judgment

Question 1

What is the Judgment?

Answer 1

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 [Sec. 1, Rule 120]

Question 2

What are the requisites of a judgment?

Answer 2

Written in the official language

If given verbally, it is incomplete [People v. Catolico, G.R. No. L-31260 (1972)]

a. Personally and directly prepared by the judge
b. Signed by the judge

c. Contains clearly and distinctly a statement of the facts and the law upon which judgment is based
[Sec. 1, Rule 120]

There is sufficient compliance if the decision summarizes the evidence of both parties, synthesizes the findings and concisely narrates how the offense was committed.What

Question 3

What are the jurisdictional requirements for a valid judgment?

Answer 3

Jurisdictional requirements

a. Jurisdiction over the subject matter
b. Jurisdiction over the territory
c. Jurisdiction over the person of the accused

[Riano, 499, 2016 Ed., citing Cruz v. CA, G.R. No. 123340 (2002) and Antiporda v. Garchitorena, G.R. No. 133289 (1999)]

Question 4

What are the requirements for the judge who reders the decision/judgment?

Answer 4

The judge who presided over the entire trial would be in a better position to ascertain the truth or falsity of the testimonies. But the judge who only took over can render a valid decision by relying on the transcript. It does not violate due process [People v. Badon, G.R. No. 126143 (1999)]

The fact alone that the judge who heard the evidence was not the one who rendered the judgment but merely relied on the record of the case does not render his judgment erroneous or irregular, especially when the evidence on record is sufficient to support its conclusion [People v. Alfredo, G.R. No. 188560 (2010)]

Question 5

What shall a judgment of conviction state?

Answer 5

The judgment of conviction shall state:

1. The legal qualification of the offense constituted by the acts committed by the accused and the aggravating/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
4. The civil liability or damages caused by his wrongful act/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/waived

[Sec. 2, Rule 120]

Question 6

What is proof beyond reasonable doubt?

Answer 6

It is that degree of proof which produces conviction in an unprejudiced mind [People v. Bacalzo, G.R. No. 89811 (1991)]

Question 7

On what must the conviction of the accused rest?

Answer 7

Conviction of the accused must rest, not on the weakness of the defense, but on the strength of the prosecution. The burden to prove guilt beyond reasonable doubt is on the prosecution [Boac v. People, G.R. No. 180597 (2008)]

Question 8

A judgment for two or more offense is also called what?

Answer 8

duplicitous complaint or information

Question 9

What is a ‘judgment for two or more offense’ aka ‘duplicitous complaint or information’?

Answer 9

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 [Sec. 3, Rule 120]

Question 10

What is the Variance Doctrine?

Answer 10

Variance between Allegation and Proof

General rule: The defendant can be convicted only of the crime with which he is charged [Riano 504, 2016 Ed.]

However, a minor variance between the information and the evidence does not alter the nature of the offense, nor does it determine or qualify the crime or penalty, so that even if a discrepancy exists, this cannot be pleaded as a ground for acquittal [People v. Noque, G.R. No. 175319 (2010)]

Exception: When there is variance between the offense charge 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] 1. The accused can be convicted of an offense only when it is both charged and proven.
2. The mere fact that the evidence presented would indicate that a lesser offense outside the court’s
jurisdiction was committed does not deprive the court of its jurisdiction, which had vested in it under the allegations in the information [People v. Ocaya, G.R. No. L-47448 (1978)]

Exception to the exception: Where there are facts that supervened after the filing of the information which change the nature of the offense.

Question 11

When does an offense charge necessarily include the offense proved?

Answer 11

An offense charged necessarily includes the offense proved when some of the essential elements/ingredients of the former, as alleged in the complaint/information, constitute the latter.

Examples: Murder includes homicide; Serious physical injuries include less serious or slight physical injuries; Robbery includes theft [Riano]

Question 12

When is an offense charged necessarily included in the offense proved?

Answer 12

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]

Examples: Less serious physical injuries are included in serious physical injuries; Acts of lasciviousness are included in rape; Theft is included in robbery [Riano]

Question 13

Is the right to be informed violated in cases of “when an offense includes or is included in another”?

Answer 13

NO.

The right to be informed of the charges has not been violated because where an accused is charged with a specific crime, he is duly informed also of lesser crimes/offenses included therein [People v. Noque, G.R. No. 175319 (2010)]

Question 14

What should a judgment of acquittal state?

Answer 14

The judgment of acquittal shall state whether

1. The evidence of the prosecution absolutely failed to prove the guilt of the accused; or
2. Merely failed to prove his guilt beyond reasonable doubt.
   In either case, the judgment shall determine if the act or omission complained from which the civil liability might arise did not exist. [Sec. 2, Rule 120]

Question 15

What is the difference between a judgment of acquittal and dismissal?

Answer 15

Both: Terminates the case

Acquittal:
Decision on the merits based on a finding that the accused is not guilty

Dismissal:
Not on the merits but no finding that accused is not guilty

Question 16

What is reasonable doubt?

Answer 16

Reasonable doubt is doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest upon the certainty of guilt [People v. Nito, G.R. No. 70305 (1993)]

Question 17

Does an acquittal based on failure to prove guilt beyond reasonable doubt extinguish civil liability?

Answer 17

NO.

Acquittal based on failure to prove guilt beyond reasonable doubt does not extinguish the civil liability arising from his acts, since the civil liability arose not from a crime but from the damage caused by such acts, which can be proven by a lower quantum of evidence. Thus, it does not bar a separate civil action based on quasi-delict [Lontoc v. MD Transit, G.R. No. L-48949 (1988)]

Question 18

When does acquittal extinguish civil liability?

Answer 18

The court may hold the accused civilly liable even when it acquits him. Acquittal extinguishes civil liability only when the judgment includes a declaration that the facts from which the civil liability might arise did not exist [Lontoc v. MD Transit, G.R. No. L-48949 (1988)]

Thus:

1. The court may nonetheless hold the accused civilly liable in favor of the offended party, or it may deny the award of civil damages expressly or impliedly by being silent on the matter.
2. The losing party may appeal the ruling on the civil liability, as in any other ordinary appeal, in his name and not in the name of the People.

Question 19

___________ of judgment is an official proclamation or announcement of the decision of the court.

Answer 19

Promulgation

Promulgation of judgment is an official proclamation or announcement of the decision of the court [Pascua v. Court of Appeals, G.R. No. 140243 (2000), citing Jacinto, Sr. 521, Commentaries and Jurisprudence on the Revised Rules of Court [Criminal Procedure], 1994 Ed.]

Question 20

What are the requisites for the promulgation of judgment?

Answer 20

a. There must be a court legally organized or constituted; and there must be a judge, or judges, legally appointed or elected and actually acting, either de jure or de facto [Luna v. Rodriguez, G.R. No. 12647 (1917)]
b. Said judgment must be duly signed and promulgated during the incumbency of the judge who penned it [Payumo v. Sandiganbayan, G.R. No. 151911 (2011)]
c. The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered [Sec. 6, Rule 120]

Question 21

What is the effect of failure to promulgate judgment?

Answer 21

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

[Pascua v. CA, G.R. No. 140243 (2000)]

Question 22

Is reading the dispositive portion of the decision sufficient in the promulgation of judgment?

Answer 22

NO.

Where there is no promulgation of judgment, no right to appeal accrues. Merely reading the dispositive portion of the decision is not sufficient [Pascua v. CA, G.R. No. 140243 (2000)]

Question 23

How is the notice on the promulgation of judgment executed?

Answer 23

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 [Sec. 6, Rule 120]

Question 24

What is a Sin perjuico judgment?

Answer 24

It is a judgment without a statement of the facts in support of its conclusion to be later supplemented by the final judgment. This practice is discouraged by the courts [Dizon v. Lopez, A.M. No. RTJ-96-1338 (1997)] This is a practice which should not be followed and cannot be looked upon with favor [Director of Lands v. Sanz, G.R. No. 21183 (1923)]

Question 25

How is the promulgation of judgment done when the judge is absent or outside the province or city?

Answer 25

The judgment may be promulgated by the clerk of court [Sec. 6, Rule 120].

Question 26

What is the general rule re. the presence of the accused in the promulgation of judgment?

Answer 26

General rule: Presence of the accused is mandatory in the promulgation of judgment.

Question 27

What is the exception to the rule that ‘the presence of the accused is mandatory in the promulgatio of judgment’?

Answer 27

Exception: If the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative [Sec. 6, Rule 120]

Question 28

What is the effect of the failure of the accused to appear in the promulgation of judgment of conviction without justifiable cause?

Answer 28

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 the Rules against the judgment and the court shall order his arrest. However, within 15 days from promulgation of judgment, he may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence. If he proves his absence was for a justifiable cause, shall be allowed to avail of the remedies within 15 days from notice [Sec. 6, Rule 120; People v. De Grano, G.R. No. 167710 (2009)]

Question 29

How is promulgation done in cases where the accused fails to appear at the scheduled date of promulgation?

Answer 29

Promulgation is made by recording the judgment in the criminal docket and serving a copy at the accused’s last known address or through counsel [Sec. 6, Rule 120]

Question 30

How is promulgation of judgment done if the accused is confined or detained in another province or city?

Answer 30

The judgment may be promulgated by the executive judge of the RTC 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 [Sec. 6, Rule 120]

Question 31

Is a ‘judgment promulgated after the judge who signed the decision has ceased to hold office’ valid?

Answer 31

NO.

A judgment promulgated after the judge who signed the decision has ceased to hold office is not valid and binding. In like manner, it cannot be promulgated after the retirement of the judge [Nazareno v. CA, G.R. No. 111610 (2002)]

Question 32

When can there be a modification of judgment?

Answer 32

A judgment of conviction may, upon motion of the accused, be modified or set aside before the judgment becomes final or before appeal is perfected [Sec. 7, Rule 120, Rules of Court]

Question 33

When does a judgment become final?

Answer 33

a. After the lapse of the period for perfecting an appeal;
b. When the sentence has been partially/totally satisfied or served;
c. The accused has waived in writing his right to appeal;
d. When the accused has applied for probation,

Except: where the death penalty is imposed [Sec. 7, Rule 120]

Judgment also becomes final when judgment is an acquittal [People v. Sandiganbayan, G.R. No. 164577 (2010)]

Question 34

What is the effect of the finality of judgment?

Answer 34

After finality, the TC is divested of authority to amend/alter the judgment, except to correct clerical errors. See Quirino v. PNB [G.R. No. L-9159 (1957)]`