Rule 120 – Judgement
Section 1 Pangilinan vs CA
Judgement
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.
Requisites
1. It must be written in the official language;
2. It must be personally and directly prepared &
signed by the judge; and
3. It must contain clearly and distinctly a
1. statement of the facts; &
2. the law upon which it is based
Jurisdiction requirements before a judgment may be
validly rendered
1. Jurisdiction over the subject matter
2. Jurisdiction over the territory
3. Jurisdiction over the person of the accused
People v. Alfredo
Alleged by the accused that the judge who penned the
appealed decision is different from the judge who heard
the testimonies of the witnesses, thus he is in no position
to render a judgment.
The Court did not agree. The fact that the trial judge who
rendered 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 the judgment erroneous, especially
where the evidence on record is sufficient to support its
conclusion.
Section 2
Contents of the Judgment
Judgement if Conviction
1. The legal qualification of the offense
constituted by the acts committed by the
accused;
2. The aggravating and mitigating circumstances
which attended the commission of the offense;
3. The participation of the accused in the offense
whether as principal, accomplice, accessory;
4. The penalty imposed upon the accused;
5. 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
Judgment of acquittal
1. State whether or not the evidence of the
prosecution
1. absolutely failed to prove the guilt of the
accused, or
2. merely failed to prove his guilt beyond
reasonable doubt;
2. Determine if the act or omission from which the
civil liability might arise did not exist.
A verdict of acquittal is immediately final.
Section 3
Duplicity of Suits
The complaint or information must charge only one
offense. Except, when the law prescribes a single
punishment for various offenses. (13, 110)
Remedy to fill a Motion to Quash
That more than one offense is charged except when
a single punishment for various offenses is
prescribed by law. (3(f), 117)
Waiver of Duplicity of Suits
If the accused fails to object on the ground of
duplicity of the offense, before trial, constitutes a
waiver.
Judgment for Two or More Offenses
The court may convict the accused 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.
Section 4-5
Variance Doctrine (Sec. 4)
1. The offense charged is different from the
offense proved; and
2. The offense as charged is either:
a. included in the offense proved or
b. necessarily includes the offense proved
Navarrete vs People
The accused may be convicted only of the crime with
which he is charged. An exception to this rule is the rule
on variance in Section 4, Rule 120.
Judgment in Case of Variance Between Allegation and
Proof (Sec. 4)
The accused shall either be convicted of the offense:
a. proved which is included in the offense
charged;
b. charged which is included in the offense proved
Effect of Non-appearance of the accused
The application of the rules presupposes that the court He shall:
rendering the judgment has jurisdiction over the case 1. lose the remedies available in ROC against the
based on the allegations of the information. judgment; and
2. lhe court shall order his arrest
When an offense necessarily includes the offense
proved (Sec. 5)
If:
When some of the essential elements or ingredients
1. the judgment is for conviction; and
of the offense charged constitute the offense
2. failure of the accused to appear was without
proved;
justifiable cause
When an offense is necessarily included in the
Grace period of surrender
offense proved (Sec. 5)
Within fifteen (15) days from promulgation of
When the essential ingredients of the former
judgment
constitute or form part of those constituting the
1. The accused may surrender
latter.
2. File a motion for leave of court to avail of these
remedies.
People v. Sumingwa
Following the "variance doctrine" embodied in Sec. 4, in
3. He shall state the reasons for his absence at the
relation to Sec. 5, Rule 120 of the Rules of Court, an scheduled promulgation
accused charged with qualified rape can be found guilty 4. Prove that his absence was for a justifiable
of the lesser crime of acts of lasciviousness committed cause
against a child.
When absence is for justifiable cause
People v. Corpuz The accused shall be allowed to avail of said
The information alleges force and intimidation as the remedies within fifteen (15) days from notice.
mode of committing the rape; while during trial it was
proved that the victim was asleep at the time it happened Remedies
and only woke up to find the male organ of the accused is
inside her mouth.
Section 7
It is binding upon the accused when he did not object to Modification of Judgment
the evidence showing that the crime was committed in a A judgment of conviction may be modified or set
different manner than what was alleged. aside:
1. upon motion of the accused;
This variance is not fatal to the conviction of the accused 2. before it becomes final or before appeal is
for rape by sexual assault. perfected
Section 6 Exception
Promulgation of Judgment Where the death penalty is imposed, A judgment
The judgment is promulgated by reading it becomes final:
1. in the presence of the accused; and 1. after the lapse of the period for perfecting an
2. by any judge of the court in which it was appeal
rendered 2. Sentence has been partially or totally satisfied
or served
Notice to the accused 3. Accused has waived in writing his right to
The proper clerk of court shall give notice to the appeal
accused requiring him to be present at the 4. Accused has applied for probation
promulgation of the decision, either:
a. personally Section 8
b. through his bondsman Entry of Judgment
c. though the warden After a judgment has become final, it shall be
d. through his counsel entered in accordance with Rule 36.
Notice to the Accused tried in absentia Section 9
The notice to him shall be served at his last known Existing Provisions Governing Suspension of
address. (he jumped bail or escaped from prison) Sentence, Probation and Parole not Affected by this
Rule
In presence of the accused Nothing in this Rule shall affect any existing
If the conviction is for a light offense, the judgment provisions in the laws governing suspension of
may be pronounced in the presence of his counsel sentence, probation or parole.
or representative.
Judgement by recording in the Criminal Docket
In case the accused fails to appear at the scheduled
date of promulgation of judgment despite notice,
the promulgation shall be made by:
1. recording the judgment in the criminal docket
and
2. serving him a copy thereof at
 His last known address or
 Thru his counsel.
Judgement may be promulgated by the Clerk of Court
When the judge is:
a. absent or
b. outside the province or city
Judgement by the Executive Judge of the RTC having
jurisdiction over the place of confinement or
detention
1. When accused is:
a. confined in another province or city
b. detained in another province or city
2. Upon request of the court which rendered the
judgment.
Such court shall have the authority to
1. to accept the notice of appeal
2. to approve the bail bond pending appeal
Exception
The application for bail can only be filed and
resolved by the appellate court trial court
convicting the accused changed the nature of
the offense from non-bailable to bailable.