FIRST VIDEO

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RULE 120 of Rules of Court and Republic Act No. 10172

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RULE 120 of Rules of Court

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JUDGMENT

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What is judgment in criminal cases?

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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. (Sec 1)

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Requisites of judgement?

a. It must be written in the official language,

b. personally and directly prepared by the judge and signed by him and;

c. it shall contain clearly and distinctly a statement of the facts and the law upon which it is
based. (S1)

0:01:34: What are the contents of the Judgment?

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(1) Judgment of Conviction

(2) Judgment of Acquittal

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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.

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In case the judgment is of acquittal,

(1) 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.

(2) In either case, the judgment shall determine if the act or omission from which the civil liability
might arise did not exist. (S2)

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RIMANDO vs. ALDABA (2014) J Perlas Bernabe

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BP 22: The civil liability does not exist

Estafa: Court rendered him civilly liable

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Rimando is not correct. His acquittal and subsequent exoneration in the BP 22 has no effect in estafa
case EVEN if both cases we found on the same factual circumstances. This is because they present
different causes of action which under the law separate, distinct and independent from each other.
THEREFORE, both cases can proceed to their final adjudication- both as to their criminal and civil liability
aspect.

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What is the Variance doctrine?

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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. (S4)

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PEOPLE V. SEVILLA 2014

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falsification of public document VS reckless imprudence resulting to falsification of public document

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Was the conviction proper?

Held: Yes. Applying the variance doctrine, if there is variance between the allegation and proof, a
defendant may be convicted of the offense proved when the offense charged is included in or
necessarily includes the offense proved. There is variance in this case. THE QUESTION THAT HAS TO BE
RESOLVED THEN IS WHETHER RECLESS IMPRUDENCE RESULTING TO FALSIFICATION OF PUBLIC
DOCUMENT IS NECESSARILY INCLUDED IN INTENTIONAL FELONY OF FALSIFICATION OF PUBLIC
DOCUMENT. THE ANSWER IS IN AFFIRMATIVE.

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PEOPLE V. CAOILI 2017

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Rape by sexual inter course VS Rape by sexual assault

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(1) Was the order of the CA to remand the case proper?

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Was the order of the CA to remand the case proper?

No. The last par of Sec 14 of Rule 110 and Sec 19 of Rule 119 are applicable only before judgment has
been rendered. When the judgment was reviewed by the CA, the RTC had already rendered a judgment
of conviction.

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May the CA convict the accused of rape by sexual assault based on the variance doctrine?

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May the CA convict the accused of rape by sexual assault based on the variance doctrine?

No. The variance doctrine allows the conviction of an accused for a crime proved which is different from
but necessarily include in the crime charged. Rape by sexual assault is not necessarily included or
submitted in rape through sexual intercourse. The accused may however be convicted of lascivious
conduct against a child under Sec 5(b) of RA 7610.

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How is Judgment promulgated?

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The judgment is promulgated by reading it in the presence of the accused and any judge of the court in
which it was rendered. (Sec 6)

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 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. (Sec 6)

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How is judgment promulgated if the accused is confined or detained in another province or city?

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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. (Sec 6)

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How is notice of the promulgation given to the accused?

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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. (Sec 6)

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How should the judgment be promulgated if the accused fails to appear at the scheduled date of
promulgation despite notice?

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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. (Sec 6)

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What is the recourse of the accused who has lost his remedies for failure to appear during the
promulgation of judgment of conviction?

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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. (Sec 6)

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What is the effect of promulgation of judgment?

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People v. Alejandro, January 11, 2018

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Can the judgment of acquittal be recalled?

A: No. In our jurisdiction, We adhere to the finality-of-acquittal doctrine, that is, a judgment of acquittal
is final and unappealable. In criminal cases, a judgment of acquittal is immediately final upon its
promulgation. It cannot be recalled for correction or amendment except in the cases already mentioned
nor withdrawn by another order reconsidering the dismissal of the case since the inherent power of a
court to modify its order or decision does not extend to a judgment of acquittal in a criminal case.

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Salvador v. Chua (2015)

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Yes. As a general rule only the OSG can represented in CA in criminal proceedings. The exception is when
the aggrieved party there is grave abuse of discretion amounting to lack or excess of jurisdiction on the
part of the trial court.

There was grave abuse of discretion on the part of RTC since its order giving due course to the
Petitioner’s appeal was in clear violation of Sec 6 R120 which requires that the accused’s failure to
appeal during the promulgation was with justifiable cause and that the accused should prove such
justifiable cause. Here the certification purportedly issued by Dr. Cavid was proven spurious.

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When is judgment of conviction final?

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a. After the lapse of period to appeal

b. Partial or total service of sentence

c. Waiver in writing of the right to appeal

d. Accused applied for probation

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Republic Act No. 10172

AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO
CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY AND MONTH IN THE DATE OF BIRTH OR
SEX OF A PERSON APPEARING IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING
FOR THIS PURPOSE REPUBLIC ACT NUMBERED NINETY FORTY-EIGHT

SECOND VIDEO

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“SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname.

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As a general rule, an entry in a civil register cannot be changed of corrected without judicial order.

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Exception:

(1) Clerical or typographical errors;

(2) Change first name or nick name

(3) the day and month in the date of birth or sex of a person where it is patently clear that there
was a clerical or typographical error or mistake in the entry

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Where can you correct such entries?

(1) city or municipal civil registrar or

(2) consul general

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What is clerical errors?

(3) ‘Clerical or typographical error’ refers to a mistake committed in the performance of clerical work in
a. writing

b. copying,

c. transcribing or typing an entry in the civil register

that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the
entry of day and month in the date of birth or the sex of the person or the like, which is visible to the
eyes or obvious to the understanding, and can be corrected or changed only by reference to other
existing record or records: Provided, however, That no correction must involve the change of nationality,
age, or status of the petitioner.”

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“SEC. 5. Form and Contents of the Petition. – The petition for correction of a clerical or typographical
error, or for change of first name or nickname, as the case may be,

(1) shall be in the form of an affidavit,

(2) subscribed and sworn to before any person authorized by law to administer oaths.

(3) The affidavit shall set forth facts necessary to establish the merits of the petition and shall show
affirmatively that the petitioner is competent to testify to the matters stated.

(4) The petitioner shall state the particular erroneous entry or entries, which are sought to be
corrected and/or the change sought to be made.

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The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book containing the
entry or entries sought to be corrected or changed;

(2) At least two (2) public or private documents showing the correct entry or entries upon which the
correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul general
may consider relevant and necessary for the approval of the petition.

(4) No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall
be entertained except if the petition is accompanied by earliest school record or earliest school
documents

such as, but not limited to, medical records, baptismal certificate and other documents issued by
religious authorities;

(5) nor shall any entry involving change of gender corrected except if the petition is accompanied by
a certification issued by an accredited government physician attesting to the fact that the petitioner has
not undergone sex change or sex transplant.

(6) The petition for change of first name or nickname, or for correction of erroneous entry
concerning the day and month in the date of birth or the sex of a person, as the case may be, shall be
published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.

(7) Furthermore, the petitioner shall submit a certification from the appropriate law enforcements,
agencies that he has no pending case or no criminal record.
(8) The petition and its supporting papers shall be filed in three (3) copies to be distributed as
follows: first copy to the concerned city or municipal civil registrar, or the consul general; second copy to
the Office of the Civil Registrar General; and third copy to the petitioner.”