Judgment (120), New Trial or Reconsideration (121)

Question 1

JUDGMENT

Answer 1

RULE 120

Question 2

What is judgment

Answer 2

• Adjudication by the court;
• That the accused is guilty or not guilty of the offense charged;
• Imposition of the proper penalty; and
• Civil liability, if any

note
- this sequence is in order according to section 1

Question 3

What are the requirements of judgment?

Answer 3

• 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.

section 1

Question 4

In Cabarroguis v San Diego (1962), the judgment was given verbally of his acquittal, thus did not have the effect of acquitting as well in Abay Sr. v. Garcia so that the judgment is still w/in the powers of the judge to set aside

Question 5

In the case of [[Lumanog v. People,]] the Court of Appeals (CA) rendered a decision affirming the judgment of conviction issued by the trial court, they filed an appeal before the SC

They contended that the CA merely adopted wholesale the arguments presented by the appellee (the prosecution) without conducting an independent evaluation of the evidence and legal issues raised.

The appellants asserted that this WHOLESALE ADOPTION OF ARGUMENTS deprived them of their right to a fair trial and due process.

They claimed that the CA failed to address each assigned error raised in their appeal, leaving them in the dark regarding the rationale behind the appellate court’s ruling.

Is the contention valid?

Answer 5

No, the contention is not valid.

In the case of Lumanog v. Pp, the SC upon perusing of the CA’s decision held that it was NOT constitutionally infirm as it had clearly stated the facts and law on which the ruling was based.

• while it did not specifically address each and every assigned error raised by appellants, it cannot be said that the appellants were left in the dark as to how the CA reached its ruling affirming the trial court’s judgment of conviction

note
Wholesale adoption of arguments - the court simply repeats or copies the arguments made by one side without critically examining them or providing independent analysis

Question 6

what is the effect if the judgment is penned by a judge who did NOT hear the case?

For example, ponente only took over from a colleague who had earlier presided over the trial.

note
- ponente - refers to the judge who authors or delivers the main opinion or decision on behalf of a court or tribunal

• colleague in this context - refers to the judge who initially presided over the trial proceedings before being substituted or replaced by another judge who ultimately authored the decision (the ponente)

Answer 6

It does not follow (..mean) that a judge absent during trial can render a valid and just decision.
(Resayo v Pp, 2007)

Question 7

if the judgment is of conviction, what are its contents?

Answer 7

1. legal qualifications of the offenses constituted by the
   a. acts committed by the accused and
   b. attending aggravating & mitigating circumstances
2. Participation of the accused (principal, accomplice, accessory)
3. penalty imposed upon the accused
4. civil liability, if any.

Question 8

if the judgment is of acquittal, what are its contents?

Answer 8

1. Stating that the EVIDENCE OF THE PROSECUTION:
   a. absolutely failed to prove the guilt or
   b. merely failed to prove the guilt beyond reasonable doubt
2. the judgment shall determine if the act or omission from which the civil liability might arise did not exist

note
2 - judgment should explicitly address whether the actions or omissions for which the accused was charged, and which could potentially lead to civil liability, did not occur or judgment must determine if the specific acts or omissions that could give rise to civil liability, if any, did not actually happen.

Question 9

Is there a judgment for two or more offenses?

For example, when 2 or more offenses are charged in a single complaint or information.

Answer 9

Yes, there are judgment for 2 or more offenses provided that

• the accused [fails to object] to the duplicitous information 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)

Question 10

What happens if there is Judgment in case of variance between the offense charged in the complaint/information and that proved and the offense as charged is included in or necessarily includes the offense proved,?

Answer 10

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.

• Accused CANNOT be convicted of an offense more serious than that alleged in the information.
• “an offense includes or is included in another” = the offense of murder includes homicide or homicide is included in murder

EXAMPLE
1 - Conviction of the offense proved included in the offense charged:

“Theft” under Article 308 is included in the offense of “Qualified Theft” under Article 310, the defendant may be convicted of “Theft” based on the offense proved (unlawful taking without aggravating circumstances), even though the original charge was for “Qualified Theft.

2 - Conviction of the offense charged which is included in the offense proved:

“Murder” under Article 248, which involves the killing of another person with qualifying circumstances. However, during the trial, the evidence presented by the prosecution only establishes the elements of “Homicide” under Article 249 of the Revised Penal Code, which does not involve aggravating circumstances.

In this instance, since “Homicide” under Article 249 is included in the offense of “Murder” under Article 248, the defendant may still be convicted of “Homicide” based on the offense charged, even though the evidence only supports a finding of “Homicide” and not “Murder.”

Question 11

Su Ming Wa’s offense charged is rape but the prosecution failed to prove beyond reasonable doubt any attempt or act of execution constituting carnal knowledge.

Can he be liable for acts of lasciviousness? Legal Basis

Answer 11

Yes, he can be convicted for acts of lasciviousness

According to the Variance Doctrine, the accused can be convicted of a crime that is included in an offense. Therefore, the accused can be found guilty of a lesser crime of Acts of Lasciviousness (Pp v. Sumingwa)

Question 12

Can the accused charged in the Information with rape by sexual intercourse be found guilty of rape by sexual assault even though the latter crime was proven during trial?

Answer 12

No, the accused charged with rape cannot be convicted with rape by sexual assault even though the latter crime is proven during trial.

LB: People v. Caoili, 2017

While both offenses involve sexual violence, the elements and modes of commission differ.

A conviction for rape by sexual intercourse cannot be automatically substituted with a conviction for rape by sexual assault, EVEN IF evidence of the latter crime is proven during the trial.

Question 13

How should promulgation of Judgment be done?

GEN

a. for light offenses
b. when Judge is absent or outside of the province/city
c. accused confined/detained in another province or city

Answer 13

[GEN]
Reading it in the presence of the
a. accused, and
b. ANY judge of the court in which it was rendered

note
court/tribunal - refers to judges who are members of that tribunal/court. each judge being a colleague to the other judge.

[A]
J. may be pronounced in the presence of his counsel or representative

[B]
J. may be promulgated by the clerk of court.

[C}
J. may be promulgated by executive judge of the RTC having JD over the place of confinement or detention
upon request of the court which rendered judgment.

Sec. 6

Question 14

What is the effect in case the accused fails to appear at the scheduled date of promulgation of judgment despite notice?

question note
judgment, again, may either mean the (a) [not guilty] acquittal or (b) [guilty] conviction and not always conviction.

Answer 14

1. the promulgation shall be made by recording the judgment in the criminal docket and
2. serving him a copy thereof
   a. at his last known address [or]
   b. thru his counsel.

Question 15

What is the effect of the absence of the accused to appear without justifiable cause in a judgment for conviction?

Answer 15

1. he [shall lose] the remedies available against the judgment, and
2. the court shall order his arrest

note
remedies against the judgment include
a. appeal
b. motion for reconsideration
c. motion for new trial
d. petition for certiorari

Question 16

If the accused failed to appear for a judgment for conviction but has a justifiable cause.

[A]
What are the requisites that must be present in order that the accused may avail of the remedies against the judgment

[B] What is the effect if the court finds his absence with justifiable cause?

Answer 16

[A]
1. W/in (15) days from promulgation of judgment

2. the accuse surrenders [AND] file a motion [for] LoC to avail these remedies
3. stating the reasons for his absence for the scheduled promulgation

[B]
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.

note
if accused escapes from jail and was not present and failed to, within 15 days, surrender and file a motion for LOC to avail the remedies, then he can no longer appeal (Pp v. Taruc, 2009)

Question 17

When can a judgment be modified? (Sec 7)

question note
judgment for acquittal has no modification so it is always presumed to be judgment of conviction

Answer 17

1. upon the motion of the accused be;
   a. modified, or
   b. set aside
   before it;
   a. becomes final, or
   b. before appeal is perfected

Section 7

Question 18

When is judgment final? (Sec 7)

Answer 18

Judgment becomes final;
a. after the lapse of the period for **perfecting an appeal, or
b. when sentence has been partially or totally satisfied or served, or
c. when the accused waived in writing his right to appeal, or
d. accused applied for probation

[EXC]
cases where death penalty is imposed

note
period of appeal is generally (15) days from promulgation of judgment

Question 19

NEW TRIAL OR RECONSIDERATION

Answer 19

RULE 121

Question 20

WHEN can the accused file a motion for New Trial or Reconsideration? (section 1)

Answer 20

At any time before a judgment of conviction becomes final.

Question 21

WHO can motion for New Trial or Recon?

Answer 21

1. The accused upon motion before judgment becomes final
2. The court, motu proprio, but with the consent of the accused grant a new trial or reconsideration

Question 22

WHAT are the grounds for a new trial (section 2)

Answer 22

The court shall grant a new trial on ANY of the ff. 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 & MATERIAL** 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.

Question 23

on the ground of new and material evidence, when is evidenced considered “newly discovered”

Answer 23

When such evidence could not, by exercise of due/reasonable diligence, have been discovered BEFORE the trial (Briones v. Pp, 2009)

Question 24

Estino & Ernesto, government officials in the Philippines, were charged with violating the Anti-Graft and Corrupt Practices Act for allegedly failing to pay employee benefits under the 1999 budget. During trial, they argued they should have been tried under the 1998 budget. They claim they were misled and unable to present evidence of payment under the 1998 budget.

the prosecution argued that Estino & Ernesto were not entitled to a new trial. They asserted that the evidence the accused sought to introduce was not newly discovered.

As the court, how will you rule?

Answer 24

I will grant the new trial

In the case of Estino v, Pp, the court held that although the documents offered by petitioners are strictly not newly discovered. the court liberally interpreted Rule 121 Section 2 on New Trial thus permitting a new trial.

ppt note
They were precluded from presenting pieces of evidence thatmayprove actual payment of the RATA under the 1998 reenacted budget because the prosecution’s evidence was confined to alleged nonpayment of RATA under the 1999 budget

Question 25

What are the grounds for RECON? (Sec. 3)

Answer 25

1. errors of law or fact in judgment
2. requires no further proceeding

note
- errors are clear and can be corrected WITHOUT the need for additional evidence or hearings.

Question 26

WHAT is the form of the motion for new trial or recon?

Answer 26

1. shall be in writing,
2. stating the grounds on which it is based
3. notice to the prosecutor shall be given for motion for new trial or recon

Question 27

If the motion for new trial is based on the ground of newly-discovered evidence, what must be supported in the motion to be given to the prosecutor?

Answer 27

• supported by affidavits of witnesses by whom such evidence is expected to be given, [or]
• by duly authenticated copies of documents which are proposed to be introduced in evidence.

Question 28

what is the EFFECT of granting a new trial or recon (sec 6)

Answer 28

NEW TRIAL** (ground of errors of law or irregularities)**
- 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.

NEW TRIAL (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.

NEW TRIAL & RECON
- the original judgment shall be set aside or vacated and a new judgment rendered accordingly.

Question 29

APRIL 6 - LECTURE

Answer 29

APRIL 6 - LECTURE

Question 30

Information states: theft

Content of Information: is estafa

How would you rule?

Answer 30

I would order for the substitution of the information. (R110, S14)

“A complaint or information may be substituted if it appears at any time BEFORE JUDGMENT that a mistake has been made in charging the proper offense

In such a case, the court shall dismiss the original complaint or information once the new one charging the proper offense is filed provided the accused will not be placed in double jeopardy. (Sec. 14, Rule 110, Rules of Court).”

Estafa is not necessarily included in theft.

Question 30

[ALLEGED IN THE INFORMATION]
A was charged with robbery by means of force and intimidation of person, he was able to get 1k from B

[DURING TRIAL]
it was established that A was a warden of a prison and B actually voluntarily gave 1k to be release of the service of his sentence

A - direct bribery

if all were substantially established, can you convict of A of robbery?

Answer 30

Rule 110 Sec 14 on Substitution

Question 31

obiter dictum meaning (legal opinion regarding an issue tackled in the case but not the main issue as to how the court came to a conclusion)

Question 32

can the dismissal of a case be

Answer 32

Mamerto v. AAA

https://jur.ph/jurisprudence/summary/austria-v-aaa?q=june+28+2022#_

Question 33

VARIANCE DOCTRINE [V] SUBSITITINO

Answer 33

[VD]
- apply onloy in those cases where one crime is necessariy included in the other crime (ex. murder-homicide, robbery-theft)
- this includes the right of the accuse since the leement of homocide are some elements of murder and murder has all elements of homicide (this way he can prepare and is informed so we use VD
- the one applies primairly responsible : Judge
- applied DURING judgment

[SUBSTITUTION]
- in substitution however, there is the elements are not there are crimes ethat are NOT necessary
- the judge will order that there is a mistake in charging the proper offense . he will order the fiscal to file the proper offense
- rendered ANY time before judgment
- done by the prosecution

Question 34

Yusay sept 2, 1937

from theft to estafa
from robbery to bribery

in these cases, it was dimissed because of the roles of procedure did not provide for subsititution.

if now hoappened today, it woul sstill be dismissed bc accused cannot be BUT THE ACCUSED WOULD NOT BE DISCHARGED,

so the question is, do we need new prliinary investigation,
- yes

new arraignment?
- yes because the plea of guilt is of a different crime

Answer 34

in substitution
a new preliminary investigation and a new arraignment

Question 35

knowledge check: difference between
amendment |v| substitution

Answer 35

amendment - same information

substitution - new information is filed.

Question 36

what are crimes that are necessarily included to another crime?

Answer 36

robbery - theft
murder - homicide

acts of lasciviousness v. unjust vexation

robbery - kidnapping for a ransom (?)

grave threats - robbery

dangerous drugs act

Question 37

i will release your sex vidoe if you dont have sex with me (grave threat - future) . the girl asked if she can give 5k instead.

the NBI filed robbery

during entrapment, the 5k was received. some says that the crime does not consummate the crime.
(Lasam, Asam case)

Question 38

can business be the subject of theft?

PLDT said their services were stolen. the person attached domesetic phoneline and made it his business. he said he has phone lines and he can make international calls as long as you pay me lower.

PLDT said what was stolen is their business. THey lost profit because he stole their business.

in theft, the subject matter is personal property and SERVICES is not a personal property. AKRA says, in the civil code there is a list of real property and anything not of it is personal property so the SC ruled differnet

(Laurel v. Abrogar)

Question 39

knowledge check- reverse trial

demurrer to evidence

Answer 39

[RT]
- the defense present evidence first (claiming they are insane or self-defense

[Reverse Trial in relation to demurrer to evidence]
- the prsecution can file for a motion to demur

Question 40

NT and MR are designed to modify judgment.
- done after judgment but before the finality thereof

Prosecution can file for MR when the judgment needs modification as to the penalty or civil liability

Question 41

difference between NT and MR

Answer 41

[MR]
a review of the present findings and applicatino

[NT]
additional proceedings, new presentaion of evidence

Question 42

in case of Briones insofar as new material evidence

theory 1 - wasn’t there

theory 2 - he had a witness,

it was denied because
- there was no reasonabel dliligence
- change of theory

Question 43

NT based on evidence already existing before trial but could not be obtained even with due processe

*Estino v, Pp

Question 44

what happens if STATE files NT or MR, the running of the 15 days does not stop

Tolls the period to appeal if filed by the accused.
To summarize, judgment in a criminal case may be revised or modified only within the period to appeal, or fifteen days from the date of its promulgation. We see no reason why the Government may not make a motion for reconsideration as distinct from a motion for new trial, before the judgment becomes executory, but such motion can not operate to suspend or extend the above period; the court must act before that period terminates it the revision, alteration, or modification are to be valid. Only a motion by the defendant can interrupt the running of the period at the expiration of which the judgment becomes final. (People v. Tamayo, G.R. No. L-2233, [April 25, 1950), 86 PHIL 209-216)

Question 45

when is the 15 days stopped?
- presumed when accused files notice of appeal
- when he has started serving sentence (detention prisoner siya and gets convicted, he’s going to seve immediately)
- waives in writing
- applies probation

in all 4, the running stops

Question 46

if accused motion is denied, what is the effect?

is it the balance? or the fresh 15 days ?

Answer 46

the 15 day period to appeal continues to run.

[B]
if you file 14th day from judgment for NT, before, you have only 1 day to file a notice of appeal, but then came along the case of Neypes (?) a civil case

in that case, he gets a fresh 15 days.

Question 47

Neypes fresh 15 day period in a civil case, then how much more in criminal case when it is denied

Answer 47

a state can file

Question 48

who may appeal? interest parties, who are the interested parties

Answer 48

1. state
2. accused

*sometimes the private offended complainant/party
3. private offended party

Question 49

insofar as the State and Accused who

Pp v. Madali, once the case reach the CA or SC, the represenative of the state is the OSG

the SG on appeal,
SG recommended the acquittal of the accused. private offended party’s wife asked if she can

the wife was allowed to file a separate memorandum. the private offended party has that right

in the end, the SC still dismissed

Answer 49

but if you are an employer of the accused, then they are NOT

but employers are subsidiarily liable but not a party to the case therefore no right to the appeal

Question 50

modes of review for FINAL ORDERS or JUDGMENTS

Answer 50

Ordinary appeal;
Petition for review;
Petition for review on certiorari;
Automatic appeal.
a. RA 9346.

interlocutory orders are not included
rule 65 certiorari is NOT included

Question 51

MTC to RTC (notice of app)

Question 52

rule 45 - mode for review (certioarari)

rule 65 - special ceivil action for a petitoin (certioari)