RULE 120: Judgment the judgment erroneous, especially where the evidence
on record is sufficient to support its conclusion.
Section 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. (1a)
JUDGMENT is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and
the imposition of the proper penalty and civil liability, if
any.
Requisites of Judgment:
1. FORMAL
a. Written in the official language
b. Personally and directly prepared and signed by
the judge
c. Must contain clearly and distinctly a statement
of facts, and the law upon which it is based
2. JURISDICTIONAL
a. Jurisdiction over the Subject Matter
b. Jurisdiction over the Territory
c. Jurisdiction over the Person of the accused
*VERBAL JUDGMENT is incomplete and invalid as it does
not contain findings of fact and is not signed by the judge.
The infirmity, however may be corrected by a
subsequent full blown judgment.
What is the remedy if the judgment is not put into
writing?
To file a petition for mandamus to compel the judge to
put in writing the decision of the court.
What is the difference between Judgment and Ratio
Decidendi?
JUDGMENT pronounces the disposition of the case
RATIO DECIDENDI provides the basis reason for such
determination.
Is it necessary that the judge who tried the case be the
same judicial officer to decide it?
No. the fact that the trial judge who rendered the
judgment was not the one who had the occasion to
observe the demeanor of the witnesses during trial but
merely relied on the records of the case, does not render
*Adm. Circ. No 12-2000 provides the rule of preference
in cases of Libel and BP 22 is fine but it is still upon the
discretion of the judge.
Section 2. 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 after the fact; (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.
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 to prove
his guilt 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. (2a)
CONTENTS IF JUDGMENT OF CONVICTION:
(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 after the
fact;
(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
CONTENTS IF JUDGMENT OF ACQUITTAL
1. Whether the evidence of the prosecution absolutely
failed to prove the guilt of the accused or merely
failed to prove his guilt beyond reasonable doubt.
2. In either case, the judgment shall determine if the
act or omission from which the civil liability might
arise did not exist
 Judgment of Acquittal is considered a final and
executory order because there can be no appeal in a
judgment of acquittal no matter how erroneous. To
rule otherwise will place the accused in double
jeopardy.
 FINAL ORDER is an order which disposes of the
whole subject matter or terminates a particular issue
leaving nothing to be done but to enforce by
execution what has been determined.
o EXAMPLE: Order of the court denying the MFR
 INTERLOCUTORY ORDER is an order which does not
dispose of a case completely but leaves something
more to be done on the merits.
o EXAMPLE: Order of the court denying MTQ
-In this case the aggrieved party can question the
interlocutory order through extraordinary
remedy of certiorari under Rule 65
When is there civil liability in judgment of acquittal?
1. Acquittal is based on reasonable doubt
2. Decision contains declaration that the liability of the
accused is not criminal but only civil
3. The civil liability is not derived from or based on the
criminal act of which the accused is acquitted.
*No reason to require a separate civil action since the
facts to be proved in the civil case have already been
established in the criminal proceedings where the
accused was acquitted. DUE PROCESS HAS BEEN
ACCORDED TO THE ACCUSED.
Civil Liability Arising From Crimes; (A-ME-A)
1. ACTUAL- It must include life expectancy and loss of
earning capacity
2. MORAL- it must be separate from actual damages
and should not be lumped into the whole amount
3. EXEMLPLARY- where there are no AC, no award of
exemplary damages can be given.
o May be allowed despite lack of AC when the
court finds that the facts of the case show highly
reprehensible or outrageous conduct of the
offender.
4. ATTORNEY’S FEES- only when a separate civil action
to recover civil liability has been filed or when
exemplary damages are awarded.
 REASONABLE DOUBT is that which after full
consideration of all evidence, leaves the mind of the
judge in such a condition that he cannot say that he
feels an abiding conviction, to a moral certainty, of
the truth of the charge.
 ACQUITTAL is a finding of not guilty based on the
merits. Evidence fails to show beyond reasonable
doubt that the accused is guilty. (Cannot be reviewed
without putting the accused in double jeopardy)
Section 3. Judgment for two or more offenses. — 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. (3a)
Note that a complaint or information must charge but
one offense, except only in those cases in which existing
laws prescribe a single punishment for various offenses
(Rule 110, Section 13)
*Maximum duration of the court’s sentence cannot be
more than three-fold the length of time corresponding
the most severe of the penalties imposed upon the
accused, and such maximum shall not exceed 40 years.
Section 4. Judgment in case of variance between
allegation and proof. — When there is variance between
the offense charged 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. (4a)
GR: An accused can be convicted of an offense only when
it is both charged and proved. If it is not charged although
proved, or if it is not proved although charged, the
accused cannot be convicted thereof.
XPN: When there is a variance between the offense
charged in the complaint or information and that proved,
and the offense as charged is included or necessarily
includes the offense proved which is included in the
offense charged or of the offense charged which is
included in the offense proved.
What if the lesser offense that convicts the accused has
prescribed at the time the information is filed?
The accused cannot be convicted of such. To do so would
sanction the circumvention of the law on prescription by
the simple expedient of accusing the defendant of the
graver offense.
Section 5. When an offense includes or is included in
another. — An offense charged necessarily includes the
offense proved when some of the essential elements or
ingredients of the former, as alleged in the complaint or
information, constitute the latter. And an offense
charged is necessarily included in the offense proved,
when the essential ingredients of the former constitute
or form a part of those constituting the latter. (5a)
GR: If what is proved by the prosecution’s evidence is an
offense which is included in the offense charged in the
information, the accused may validly be convicted of the
offense proved.
*An offense charged necessarily includes the offense
proved when some of the essential elements or
ingredients of the former, as alleged in the complaint or
information, constitute the latter.
XPN: Where facts supervened after the filing of
information which changes the nature of the offense.
EXAMPLES:
1. Theft in robbery
2. Robbery in brigandage
3. Slight, Less Serious and Serious PI in Attempted
Homicide
4. Estafa in Malversation
5. Illegal Detention in Forcible Abduction
6. SPI NOT IN Frustrated Homicide (because mortal
wounds negate minor injuries only)
7. Slight, Less Serious and Serious PI NOT IN Homicide
(Homicide involves death of victim)
8. Rape NOT IN Qualified Seduction
9. Consented Abduction NOT IN Seduction
10. Illegal Possession in Illegal Sale
Section 6. Promulgation of judgment. — The judgment is
promulgated by reading it in the presence of the accused
and any judge of the court in which it was rendered.
However, if the conviction is for a light offense, the
judgment may be pronounced in the presence of his
counsel or representative. When the judge is absent or
outside of the province or city, the judgment may be
promulgated by the clerk of court.
If the accused is confined or detained in another province
or city, the judgment may be promulgated by the
executive judge of the Regional Trial Court 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.
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 tried in absentia because
he jumped bail or escaped from prison, the notice to him
shall be served at his last known address.
In case the accused fails to appear at the scheduled date
of promulgation of judgment despite notice, the
promulgation shall be made by recording the judgment
in the criminal docket and serving him a copy thereof at
his last known address or thru his counsel.
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 these rules against the
judgment and the court shall order his arrest. Within
fifteen (15) days from promulgation of judgment,
however, the accused may surrender and file a motion
for leave of court to avail of these remedies. He shall
state the reasons for his absence at the scheduled
promulgation and 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. (6a)
How is judgment promulgated?
 By reading it in the presence of the accused and any
judge of the court in which it was rendered.
 If the conviction is for a light offense, the judgment
may be pronounced in the presence of his counsel or
representative.
 When the judge is absent or outside of the province
or city, the judgment may be promulgated by the
clerk of court.
RULES ON THE VALIDITY OF PROMULGATION OF
JUDGMENT
1. The judgment must have been rendered and
promulgated during the incumbency of the judge
who signed it.
2. Presence of counsel is not necessary
3. The judgment must be read in its entirety for double b. Filing a motion for leave of court to avail himself of
jeopardy to attach. the remedies, stating the reason for his absence
 If court finds it justified he is allowed to avail of
Who may promulgate the judgment?
the remedies from date the court finds his
1. Judge of the court in which it was rendered absence justified.
2. Clerk of said court in the absence of the judge
Section 7. Modification of judgment. — A judgment of
who rendered judgment
conviction may, upon motion of the accused, be
3. Executive judge of RTC having jurisdiction over
modified or set aside before it becomes final or before
the place of confinement or detention when
appeal is perfected. Except where the death penalty is
accused is confined or detained and upon the
imposed, a judgment becomes final after the lapse of the
request of the judge who rendered judgment
period for perfecting an appeal, or when the sentence
Permanent and Temporary Vacancy of Judge has been partially or totally satisfied or served, or when
the accused has waived in writing his right to appeal, or
TEMPORARY- judgment written by said judge can still be has applied for probation. (7a)
used even if judge is absent.
What is the difference between modification of
PERMANENT- judgment written by said judge cannot be judgment and New Trial?
promulgated if he is absent (Demotion, Promotion,
Death or Retirement) Modification of New Trial
Judgment
PROMULGATION IN ABSENTIA No new hearings or Irregularities are
Regardless of the gravity of the offense, promulgation of proceedings of any kind expunged from the
or change in the record or record and/or new
judgment in absentia is allowed under the rules. The
evidence. A simple evidence is introduced.
following elements are necessary for its validity.
modification is made on
a. Judgment is recorded in the criminal docket the basis of what is on
b. A copy thereof is served upon the accused in his record.
last known address or to his counsel

What are the two instances when a judgment may be
promulgate without the personal presence of the
accused?
a. When judgment is for a light offense
b. In cases where despite due notice to the accused or
his bondsman or warden and counsel, the accused
failed to appear at the promulgation (in absentia)
When does a judgment become final?
1. When period for perfect the appeal has lapsed
2. When the sentence is partially or totally satisfied or
served
3. When the accused expressly waives in writing his
right to appeal
4. When accused applies for probation

If judgment is for acquittal, presence of the accused IS *Exception is when death penalty is imposed.
NOT NECESSARY. **A judgment of Acquittal becomes final immediately
What happens if a promulgation of a judgment of after promulgation and cannot be recalled for correction
conviction is done without the accused? or amendment.

He loses remedies available under the ROC specifically:
a. Filing a motion for new trial or for reconsideration
b. An appeal from the judgment of conviction
He may regain standing to avail of the remedies within
15 days from promulgation by:
a. Surrender
When does the trial court lose jurisdiction over the
judgment even before the lapse of 15 days?
1. When defendant voluntarily submits to the
execution of judgment
2. When defendant perfects his appeal
3. When accused withdraws appeal
4. When accused expressly waives in writing his right to
appeal
5. When accused files a petition for probation
Section 8. Entry of judgment. — After a judgment has
become final, it shall be entered in accordance with Rule
36. (8)
How is an entry of judgment made?
By the recording of the judgment or order in the book of
entries of judgment.
The record shall:
a. Contain the dispositive portion of the judgment
b. Be signed by the clerk with a certificate that such
judgment has become final and executory.
MITTIMUS is a process issued by the court after
conviction to carry out the final judgment, such as
commanding a prison warden to hold the accused in
accordance with the terms of the judgment. It shall be
stayed during the pendency of the motion for rehearing
or reconsideration
Section 9. Existing provisions governing suspension of
sentence, probation and parole not affected by this Rule.
— Nothing in this Rule shall affect any existing provisions
in the laws governing suspension of sentence, probation
or parole. (9a)
Exceptions for Suspension of Sentence of Youthful
Offender:
1. Offender has enjoyed previous suspension of
sentence
2. Offender is convicted of crime punishable by death
or life imprisonment
3. Offender is convicted by military tribunal
4. Offender is already of age at the time of sentencing
even if he was a minor at the time of the
commission of the crime.
Section 4. Grant of Probation. Subject to the provisions
of this Decree, the court may, after it shall have
convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the
execution of said sentence and place the defendant on
probation for such period and upon such terms and
conditions as it may deem best.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial
court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of
the application shall be deemed a waiver of the right to
appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be
appealable. (PD 968)
Who are disqualified from probation?
Section 9. Disqualified Offenders. The benefits of this
Decree shall not be extended to those:
(a) Sentenced to serve a maximum term of imprisonment
of more than six years;
(b) Convicted of any offense against the security of the
State;
(c) Who have previously been convicted by final
judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of not less
than Two Hundred Pesos;
(d) Who have been once on probation under the
provisions of this Decree; and
(e) Who are already serving sentence at the time the
Probation Law of 1976 became applicable.
When should a court deny probation?
1. Offender is in need of treatment that can be
provided most effectively by his commitment to an
institution
2. There is an undue risk that offender will commit
another crime during the period of probation
3. When probation will depreciate the seriousness of
the crime
Sentence Imposed Period of Probation
Not more than 1 year Not more than two years
More than 1 year Not more than 6 years
Fine only but offender At least equal to the
serves subsidiary number of days of
imprisonment subsidiary imprisonment
but not more than twice
such period.
PAROLE is the conditional release of an offender from a
penal or correctional institution after he has served the
minimum period of his prison sentence under the
continued custody of the state and under conditions that
permit his reincarceration if he violates the conditions of
his release.