RULE 120 Flashcards
JUDGMENT
What is Judgment?
Rule 120 Sec 1
Judgment is adjudication by the court that the ACCUSED IS GUILTY OR NOT of the OFFENSE CHARGED and the imposition on him of the PROPER PENALTY and CIVIL LIABILITY, if any.
REQUIRED FORM OF JUDGMENT
- Written in OFFICIAL LANGUAGE
- PREPARED AND SIGNED by JUDGE
- CLEAR AND DISTINCT statement of facts and laws upon which it is based
Constitutional basis of JUDGMENT
Art. 8 sec 14, 1987 consti
No decision shall be rendered by any court wothout expressing therein clearly and distincly the facts and the law on which it is based
Contents of Judgment of Conviction (LPPC)
- Legal Qualification of the offense constituted by acts committed & AGGRAVATING/MITIGATING CIRCUMSTANCES
- Participationf the Accused
- Penalty imposed upon the accused
- Civil Liability or Damages
Contents of Judgment of ACQUITTAL
- state whether the EVIDECE of the PROSECUTION absolutely FAILED to PROVE GUILT of the accused.
- or MERELY FAILED to PROVE GUILT BEYOND REASONABLE DOUBT
- Determine if the ACT/OMMISSION from which the civil liability which might arise did not exist.
What the TRIAL COURT Failed to do in the case of PPL. V. DE LEON?
Failed to SPECFICALLY DISCUSS the QUALIFYING CIRCUMSTANCES or any other MODIFYING CIRCUMSTANCES in the BODY or in the DISPOSITIVE PORTION of the DECISION.