Week 12 & 13: Promulgation of Judgment & Post Judgment Remedies

Question 1

Rule 120. Sec. 1. Judgment; definition and form. – Judgment is the […] and the […]. It must be […], personally and directly prepared by […] and shall contain […].

Answer 1

Rule 120. Sec. 1. Judgment; definition and form. – 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. 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.

Question 2

May the judge defer the writing of the decision on the ground of lack of stenographic notes?

Answer 2

No. Under Par. III. 15. of AM No. 15-06-10 Continuous Trial Rules, “Judges who conducted the trial and heard the testimonies of some or all of the witnesses shall not defer the submission of the case for decision on the ground of incomplete or missing transcript of stenographic notes.”

Question 3

What shall be the duty of the judge who is tasked to write the decision but was not the judge who conducted the trial and had not heard the testimonies of the witnesses?

Answer 3

The judge who is tasked to write the decision but did not conduct the hearing and had not heard the testimonies of the witnesses shall direct the stenographers concerned to submit the complete transcript within a period of thirty (30) calendar days from the date of his/her assumption to office. [Continuous Trial Rules].

Question 4

Rule 120. Sec. 2. par. 2. In case the judgment is of acquittal, it shall state whether the […] or merely […]. In either case, the judgment shall determine if […].

Answer 4

Rule 120. Sec. 2. par. 2. In case the judgment is of acquittal, it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed prove his guilty beyond reasonable doubt. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist.

Question 5

CONST. Art. III. Sec 21. No person shall be […]. If an act is punished by a law and an ordinance, […].

Answer 5

CONST. Art. III. Sec 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Question 6

Rule 117. Sec. 3(i). Grounds. – The accused may move to quash the complaint or information on any of the following grounds: [xxx xxx]

(i) That the accused has been […], or otherwise […].

Answer 6

Rule 117. Sec. 3(i). Grounds. – The accused may move to quash the complaint or information on any of the following grounds: [xxx xxx]

(i) That the accused has been previously convicted or acquitted of the offense charged, or otherwise terminated without his express consent.

Question 7

Rule 117. Sec. 7. par. 1. Former conviction or acquittal; double jeopardy. – When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court […], upon a […] sufficient in form and substance to sustain a conviction and after the […], the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which […].

Answer 7

Rule 117. Sec. 7. par. 1. Former conviction or acquittal; double jeopardy. – When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information.

Question 8

Rule 117. Sec. 7. par. 2. Former conviction or acquittal; double jeopardy. – However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances:

(a) the […] arising from the same act or omission constituting the former charge;
(b) the […] was entered in the former complaint or information; or
(c) the plea of guilty to the lesser offense was […] except as provided in […].

In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense.

Answer 8

Rule 117. Sec. 7. par. 2. Former conviction or acquittal; double jeopardy. – However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances:

(a) the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge;
(b) the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; or
(c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in Section 1(f) of Rule 116.

In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense.

Question 9

Rule 65. Sec. 1. Petition for certiorari. – When any […] has acted […], or with […], and there is […] in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered […], and granting such incidental reliefs as law and justice may require.

The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of Section 3, Rule 46.

Answer 9

Rule 65. Sec. 1. Petition for certiorari. – When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.

The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of Section 3, Rule 46.

Question 10

Rule 120. Sec. 2. par. 1. Contents of the judgment. – If the judgment is of conviction, it shall state (1) the […] constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission; (2) the […] in the offense, whether as […], or […]; (3) the […] upon the accused; and (4) the […] caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the […].

Answer 10

Rule 120. Sec. 2. par. 1. Contents of the judgment. – If the judgment is of conviction, it shall state (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; (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.

Question 11

When may the court grant a new trial or reconsideration?

Answer 11

The court may grant a new trial or reconsideration at any time before a judgment of conviction becomes final, and on motion of the accused or at its own instance but with the consent of the accused. [Rule 121. Sec. 1]

Question 12

What are the grounds for a new trial?

Answer 12

The court shall grant a new trial on nay of the following grounds:

(a) That errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during trial;
(b) That new and material evidence 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. [Rule 121. Sec. 2]

Question 13

What are the grounds for reconsideration?

Answer 13

The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings. [Rule 121. Sec. 3]

Question 14

What shall be the form of motion for new trial or reconsideration?

Answer 14

The motion for new trial or reconsideration shall be in writing and shall state the grounds on which it is based.

If based on a newly-discovered evidence, the motion must be 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.

Notice of the motion for new trial or reconsideration shall be given to the prosecutor. [Rule 121. Sec. 4]

Question 15

What is the effect of granting a new trial on the ground of errors of law or irregularities committed during the trial?

Answer 15

When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all the proceedings and evidence affected thereby shall be set aside and taken anew. The court may, i the interest of justice, allow the introduction of additional evidence. [Rule 121. Sec. 6(a)].

Question 16

What is the effect of granting a new trial on the ground of newly-discovered evidence?

Answer 16

When a new trial is granted on the 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. [Rule 121. Sec. 6(b)].

Question 17

What is the in all cases when the court grants new trial or reconsideration?

Answer 17

In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly. [Rule 121. Sec. 6(c)].

Question 18

Who may appeal judgment?

Answer 18

Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy. [Rule 122. Sec. 1].

Question 19

When may appeal not be allowed?

Answer 19

Appeal is not allowed when the accused will be placed in double jeopardy. [Rule 122. Sec. 1].

Question 20

Where do you appeal in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court?

Answer 20

Regional Trial Court. [Rule 122. Sec. 2(a)].

Question 21

Appeals from decisions in these courts may be elevated to the Regional Trial Court.

Answer 21

Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court. [Rule 122. Sec. 2(a)].

Question 22

Where can you appeal in cases decided by the Regional Trial Court?

Answer 22

Court of Appeals or to the Supreme Court in the proper cases provided by law. [Rule 122. Sec. 2(b)].

Question 23

Where are appeals for decisions by the Court of Appeals taken?

Answer 23

Supreme Court. [Rule 122. Sec. 2(c)].

Question 24

How is an appeal to the RTC or the CA taken when the case is decided by the RTC in the exercise of its original jurisdiction?

Answer 24

The appeal to the RTC, or to the CA in cases decided by the RTC in the exercise of its original jurisdiction, shall be by notice of appeal filed with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the the adverse party. [Rule 122. Sec. 3(a)].

Question 25

How is an appeal to the CA taken when the case is decided by the RTC in the exercise of its appellate jurisdiction?

Answer 25

The appeal to the CA in cases decided by the RTC in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42. [Rule 122. Sec. 3(b)].

Question 26

The case was decided by the RTC; the penalty imposed is reclusion perpatua. How is the appeal taken? What are the other penalties or circumstances of the case in which appeal may be taken in the same manner?

Answer 26

The appeal shall be taken by notice of appeal to the Court of Appeals in accordance with par. a of Rule 122 Sec. 3. The other penalties or circumstances in which the appeal shall be taken in the same manner shall be when the penalty is life imprisonment, or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpatua, or life imprisonment is imposed. [Rule 122. Sec. 3(c)].

Question 27

Is the notice of appeal necessary in cases where the RTC imposed death penalty? What is the role of the CA in these cases?

Answer 27

No. Under Rule 122 Sec. 3(d), “No notice of appeal is necessary in cases where the Regional Trial Court imposed the death penalty.” The role of the CA is provided in the same provision: “The Court of Appeals shall automatically review the judgment as provided in Section 10 of this Rule.”

Question 28

Except as provided in the last paragraph of Section 13, Rule 124, all other to the Supreme Court shall be by petition for review on […] under Rule […].

Answer 28

Except as provided in the last paragraph of Section 13, Rule 124, all other to the Supreme Court shall be by petition for review on certiorari under Rule 45. [Rule 122. Sec. 3].

Question 29

What is the other option of the appellant when personal service of the notice of appeal cannot be made upon the adverse party or his counsel?

Answer 29

Under Rule 122. Sec. 4, “If personal service of the copy of the notice of appeal cannot be made upon the adverse party or his counsel, service may be done by registered mail or by substituted service pursuant to Sections 7 and 8 of Rule 13.”

Question 30

May the appellee waive his right to a notice of appeal?

Answer 30

Yes. Under Rule 122 Sec. 5m “The appellee may waive his right to a notice that an appeal has been taken. The appellate court may, in its discretion, entertain an appeal notwithstanding failure to give such notice if the interest of justice so require.”

Question 31

When must an appeal be taken?

Answer 31

An appeal must be taken withing fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from. [Rule 122. Sec. 6].

Question 32

When is the period for perfecting an appeal suspended? When will the suspension of the period be lifted?

Answer 32

The period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed. The period of suspension shall be lifted upon service upon the accused or his counsel the notice of the order overruling the motion. In the latter case, the balance of the period begins to run. [Rule 122. Sec. 6]

Question 33

What is the duty of the court stenographer when death penalty is imposed?

Answer 33

The court stenographer shall, upon order of the trial court, transcribe his notes of the proceedings. The stenographic reporter shall certify the correctness of the notes and the transcript [original and four copies] thereof, and shall file the said original and four copies with the clerk without unnecessary delay. [Rule 122 Sec. 7].

If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from promulgation of the sentence, file with the clerk the original and four copies of the duly certified transcript of his notes of the proceedings. [Ibid.].

Question 34

What is the duty of the clerk of court regarding appeals?

Answer 34

(a) Transmit the original record to the appropriate RTC within 5 days when appeal is taken to the RTC.
(b) The RTC clerk of court shall notify the parties of the fact of appeal upon receipt of the complete record of the case. [Rule 122. Sec. 9(a & b)].

Question 35

What is the process for the transmission of records in case of death penalty?

Answer 35

In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Court of Appeals for automatic review and judgment within twenty but not earlier than fifteen days from promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. The transcript shall also be forwarded within ten days after the filing thereof by the stenographic reporter. [Rule 122. Sec. 10.]

Question 36

In a case where there are several accused, will the judgment of the appellate court affect the others who did not appeal?

Answer 36

No. Under Rule 122 Sec. 11(a) “An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter.”

Question 37

Will the appeal by the offended party on the civil aspect of the case affect the criminal aspect?

Answer 37

No. Under Rule 122 Sec. 11(b), “The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.”

Question 38

May an appeal be withdrawn? When may the appellant withdraw the appeal?

Answer 38

Yes. According to Rule 122 Sec. 12, the appeal may be withdrawn notwithstanding the perfection of the appeal provided that: (1) it is allowed by the trial court; (2) the withdrawal is made before the record has been forwarded by the clerk of court to the proper appellate court; or (3) upon discretion by the court and the motion to withdraw appeal is filed before rendition of the judgment in the case on appeal.” [Rule 122 Sec. 12].

Question 39

What is the legal effect of withdrawing an appeal?

Answer 39

The withdrawal of the appeal shall render the judgment appealed from as final. [Rule 122 Sec 12].

Question 40

Rule 123. Sec. 1. Uniform Procedure. – The procedure to be observed in the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall be […], except where a particular provision applies only to either of said courts and in criminal cases governed by the Revised Rule on Summary Procedure.

Answer 40

Rule 123. Sec. 1. Uniform Procedure. – The procedure to be observed in the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except where a particular provision applies only to either of said courts and in criminal cases governed by the Revised Rule on Summary Procedure.

Question 41

How shall the parties of the case be designated in criminal cases appealed to the Court of Appeals?

Answer 41

The party appealing the case shall be called the “appellant” and the adverse party the “appellee.” [Rule 124. Sec. 1]

Question 42

When shall the clerk of court of the Court of Appeals designate a counsel de oficio?

Answer 42

If it appears from the record of the case as transmitted that (a) the accused is confined in prison, (b) is without counsel de parte on appeal, (c) has signed the notice of appeal himself, the clerk of court of the Court of Appeals shall designate a counsel de oficio. [Rule 124 Sec. 2. par. 1].

Question 43

True or false. An appellant who is confined in prison may, upon request, be assigned a counsel de oficio immediately from receipt of the notice to file brief and he establishes his right thereto.

Answer 43

False. An appellant who is not confined in prison may, upon request, be assigned a counsel de oficio within ten (10) days from receipt of the notice to file brief and he establishes his right thereto. [Rule 124 Sec. 2.p par. 2].

Question 44

Is an extension of time for filing of briefs generally allowed?

Answer 44

No. Extension of time for the filing of briefs will not be allowed except for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended. [Rule 124 Sec. 5.]

Question 45

What is the prescribed form of briefs?

Answer 45

Briefs shall either be printed, encoded or typewritten in double space on legal size good quality unglazed paper, 330 mm. in length by 216 mm. in width. [Rule 124 Sec. 5].

Question 46

What shall be the contents of the briefs in criminal cases?

Answer 46

The briefs in criminal cases shall have the same contents as provided in Sections 13 and 14 of Rule 44. A certified true copy of the decision or final order appealed from shall be appended to the brief of the appellant. [Rule 124 Sec. 7].

Question 47

When may the appellate court dismiss the appeal? What is the exception?

Answer 47

The Court of Appeals may, upon motion of the appelle or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de oficio.

The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes from prison or confinement, jumps bail or flees to a foreign country during the pendency of the appeal. [Rule 124 Sec. 8.].

Question 48

What is the rule regarding the reversal or modification of judgment?

Answer 48

No judgment shall be reversed or modified unless the Court of Appeals, after an examination of the record and of the evidence adduced by the parties, is of the opinion that error was committed which injuriously affected the substantial rights of the appeallant. [Rule 124 Sec. 10.].

Question 49

What is the scope of judgment of the court of appeals?

Answer 49

The Court of Appeals may reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case. [Rule 124 Sec. 11.].

Question 50

Does the Court of Appeals have the power to receive evidence?

Answer 50

Yes. Under Rule 124 Sec. 12, “The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous and must be completed within three months, unless extended by the Chief Justice.”

Question 51

In what cases will the Court of Appeals refrain from making an entry of judgment?

Answer 51

Whenever the Court of Appeals finds that the penalty of death should be imposed, the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review. [Rule 124 Sec. 13(a)].

Question 52

May the accused file a motion for new trial before the Court of Appeals?

Answer 52

Yes. At any time after the appeal from the lower court has been perfected and before the judgment of the Court of Appeals convicting the accused becomes final, the latter may move for a new trial on the ground of newly-discovered evidence material to his defense. The motion shall conform with the provisions of Section 4, Rule 121. [Rule 124 Sec. 14].

Question 53

May a party file a second motion for reconsideration of a judgment or final order?

Answer 53

No. No party shall be allowed a second motion for reconsideration of a judgment or final order. [Rule 124 Sec. 16].