RULE 120 - JUDGMENT

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 fact
s and the law upon which it is based.

WHAT IS A JUDGMENT?
^ 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

WHAT IS THE FORM REQUIRED FOR THE

JUDGMENT?
1. It must be written in the official language 2. Personally and directly
prepared by the judge 3. Signed by him 4. It shall contain clearly and
distinctly a statement of the facts and the law upon which it is
based. Sec. 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 th
e 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.

IF THE JUDGE HAS VERY STRONG BE

LIEFS AGAINST THE IMPOSITION OF THE

DEATH PENALTY, CAN HE REFUSE TO

IMPOSE
IT UPON AN ACCUSED WHO IS GUILT
Y OF AN OFFENSE PUNISHABLE WITH
DEATH?
^ No, the judge must impose the proper penalty provided for by the law, even
if he is against it. ^ If he refuses to do so, it is grave abuse of discretion
amounting to lack of jurisdiction.

WHAT ARE THE CONTENTS OF THE

JUDGMENT?
1. If the judgment is of conviction, it shall state the
following: a. The legal qualification of the offense constituted by the acts
committed by the accused and the aggravating and mitigating circumstances
which attended the commission b. The participation of the accused as
principal, accomplice, or accessory c. The penalty imposed upon the
accused d. The civil liability or damages, if any, unless the
enforcement of the civil liability has been reserved or waived by the
offended party. 2. If the judgment is of acquittal a. Whether the evidence
of the prosecution absolutely failed
to prove the guilt of the accused or merely failed to proved it beyond
reasonable doubt b. If the act or omission from which the civil liability might
arise doesnt exist

IS IT NECESSARY FOR THE VALIDITY OF

THE JUDGMENT THAT THE DECISION BE
PROMULGATED BY THE SAME JUDGE WHO
HEARD THE CASE?
^ No, a judgment promulgated by a judge other than the one who heard the
case is valid, provided that the judge who rendered the judgment relied on the
records taken during the trial as basis for his decision

WHY SHOULD THE DECISION BE IN

WRITING, SETTING FORTH THE FACTS
AND THE LAW ON WHICH IT IS BASED?

^ The decision should be in writing to inform the parties the reason for the
decision so that in case any of them appeals, such party
can point out to the appellate court the findings of facts or the rulings on
point of law with which he disagrees ^ The written decision also becomes the
basis of the appellate court to pass judgment
upon ^ Finally, it will assure the parties the judge reached judgment by
going through the process of legal reasoning

IS A VERBAL JUDGMENT VALID?

^ No, a verbal judgment is incomplete because it doesnt contain
findings of fact, and it is not signed by the
judge ^ It may however be corrected by putting it in writing and in the
prescribed form ^ When it is put in writing, it becomes a full blown judgment

IS AN ERRONEOUS JUDGMENT VALID?

^ Yes. An error in judgment will not invalidate a decision, so long as it
conforms with the requirements of the law

IS IT VALID FOR A JUDGE TO RENDER

A JUDGMENT WHICH
IMPOSES A PENALTY THAT DOESNT EXI
ST OR ONE THAT IS IMPOSSIBLE TO
FULFILL?
^ Such judgment is
void ^ The error goes into the very essence of the penalty and doesnt
merely arise from the misapplication thereof

DOES THE JUDGE NEED TO DESIGNAT

E THE PARTICULAR PROVISION OF LAW
VIOLATED?
^ If possible, he should ^ But if he fails to do so, the judgment is not void,
as long as his conclusions are based on some provision of law

CAN THE JUDGE IMPOSE AN ALTERNATI

VE PENALTY OF EITHER RECLUSION

PERPETUA OR A FINE OF P10,000?

^ No, the judge cannot impose alternative penalties ^ The penalty imposed
must be
definite ^ When the judge imposes alternative penalties, giving the
defendant the right to choose which to serve, he gives discretion belonging to
the court to the accused

CAN THE JUDGE IMPOSE THE PENALTY

OF RECLUSION PERPETUA AND A FINE OF
P10,000?
^ Yes, because in this case, the penalty is definite ^ The difference here
with the example above is the use of the word and instead of or

WHAT IS THE IMPORTANCE OF USING THE

PROPER TERMINOLOGY IN THE
IMPOSITION OF IMPRISONMENT
PENALTIES?
^ The judge should use the proper terminology of the penalties since
each penalty has its distinct accessory penalties and effects

DOES THE FAILURE TO USE THE PROPE

R TERMINOLOGY IN THE IMPOSITION OF
PENALTIES RENDER THE JUDGMENT
VOID?
^

No, this doesnt go to the essence of the penalty itself

WHAT IS THE REMEDY OF THE OFFENDED

PARTY IF THE JUDGMENT FAILS TO
AWARD CIVIL LIABILITY?
^ The offended party can appeal (Rule 45errors of judgment,
findings of fact, and errors of law), file certiorari (Rule 65jurisdiction), or
file for mandamus

WHAT CONSTITUTES CIVIL LIABILITY

ARISING FROM CRIME?
^ Civil liability arising from crime includes actual damages, moral
damages, exemplary damages, and loss of earning capacity

WHAT IS THE EFFECT OF A JUDGMENT

OF ACQUITTAL ON THE CIVIL ASPECT OF
THE CASE?
^ It will not prevent a judgment against the accused on the civil aspect
of the case where
o
The acquittal is based on reasonable doubt as only preponderance of
evidence is required o
Where the court declared that the liability of the
accused is only civil o
Where the civil liability of the accused doesnt arise
from or isnt based upon the crime of which the accused is acquitted
Sec. 3. Judgment for two or more offenses.
When two or moreoffenses are charged in a single complaint or info
rmation 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.

WHAT IS THE EFFECT OF THE FAILURE OF

THE ACCUSED TO OBJECT
TO A COMPLAINT OR INFORMATION TH
AT CHARGES MORE THAN ONE OFFENSE
BEFORE HE IS ARRAIGNED?
^ The court may convict him of as many offenses as are charged and
proved and impose on him the penalty of each offense ^ The court must set
out separately the findings of fact and law in each offense Sec. 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.

WHAT IS THE RULE IN CASE THE OFFENSE

CHARGED IS DIFFERENT FROM THE
OFFENSE PROVED?
^ The accused can only be convicted of the lesser offense which is included
in the graver offense either proved or
charged ^ The reason for this is that the accused can only be convicte
d of the offense which is both charged and proved ^ For example, if the
offense charged is rape and the offense proved is acts of lasciviousness, the
accused can only be convicted of acts of
lasciviousness ^ If the offense charged is less serious physical injuries a
nd the offense proved is serious physical injuries, then the defendant
should only be convicted of the offense charged

X WAS CHARGED WITH WILLFUL

HOMICIDE. WHAT WAS PROVED
WAS HOMICIDE THROUGH RECKLESS I
MPRUDENCE.
UNDER WHICH SHOULD X
BE CONVICTED?
^ X should be convicted of homicide through reckless
imprudence ^ The offense done through negligence is lesser than one d
one willfully

X WAS CHARGED WITH RAPE BY FORCE

AND INTIMIDATION. AT THE TRIAL, IT
WAS PROVED THAT X RAPED A MENTAL
RETARDATE. CAN X BE CONVICTED OF
RAPE OF A MENTAL RETARDATE?
^

THERE ARE CONFLICTING DECISIONS

^ People v. Abiera says that the accused charged with rape through one
mode of commission may still be convicted of the crime if the
evidence shows another mode of commission, provided that the accused
didnt object to such evidence ^ People v. Padilla says on the other hand that
the accused cannot

be convicted of rape of a mental retardate if the commission of such is

not alleged in the information ^ The latter ruling is a better ruling because to
convict the accused would violate his right to be informed of the nature and
cause of the accusation against him

X WAS CHARGED WITH RAPE. WHAT WAS

PROVED AT THE TRIAL WAS QUALIFIED
SEDUCTION. CAN X BE CONVICTED OF
QUALIFIED SEDUCTION?
^ No, although qualified seduction is a lesser offense than rape, the elements
of two are different. ^ Qualified seduction is not included in the crime of
rape. ^ Therefore if the court convicts him of qualified seduction, it will
violate his right to be informed of the nature and cause of the
accusation against him, since some elements of qualified seduction were
not
charged Sec. 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 part of
those constituting the latter.

WHEN DOES AN OFFENSE CHARGED NE

CESSARILY INCLUDE THE OFFENSE
PROVED?
^ An offense charged necessarily includes an offense proved when
some of the essential elements or ingredients of the offense charged
constitute the offense
proved ^ For example, when the offense charged is homicide and what
is proven is physical injuries, then the offense charged necessarily includes
the offense
proved ^ Some of the essential elements of homicide constitute physical
injuries

WHEN IS AN OFFENSE CHARGED NECESSARILY IN

CLUDED IN THE OFFENSE PROVED?
^

An offense charged is necessarily included in the offense proved,

when the essential ingredients of the former constitute or form part of

those constituting the
latter ^ For example when the offense charged is acts of lasciviousness
and the offense proved is rape, the essential elements of acts of
lasciviousness is necessarily included in the crime of rape. Therefore, the
offense charged is necessarily included in the crime proved

MAY AN ACCUSED CHARGED OF MURD

ER BE CONVICTED OF RECKLESS
IMPRUDENCE RESULTING IN HOMICIDE?
^ Quasi-offense of reckless imprudence resulting in homicide is
necessarily included in the charge of murder