JUDGMENT a) State whether or not the vidence of the

prosecution absolutely failed to prove the

A judgment is the adjudication by the court that the
guilty of the accused or merely failed to
accused is guilty or not guilty of the offense charged
prove his guilty beyond reasonable doubt
and the imposition on him of the proper penalty and
b) Determine if the act or omission from which
civil liability, if any (Sec. 1, Rule 120)
the civil liability might arise did not exist

Requisites of a Judgment
Promulgation of judgment
a) It must be written in the official language
The judgment is promulgated by reading it in the
b) It must be personally and directly prepared
presence of the accused and any judge of the court in
and signed by the judge
which it was rendered. However, if the conviction is
c) It must contain clearly and distinctly a
for a light offense, the judgment may be pronounced
statement of the facts and the law upon
in the presence of his counsel or representative.
which it is based (Sec. 1, Rule 120)
When the judge is absent or outside of the province
or city, the judgment may be promulgated by the
clerk of court.
Contents of judgment of conviction
a) The legal qualification of the offense
constituted by the acts committed by the Promulgation in absentia
accused
In case the accused fails to appear at the scheduled
b) The aggravating and mitigating
date of promulgation of judgment despite notice, the
circumstances which attended the
promulgation shall be made by recording the
commission of the offense
judgment in the criminal docket and serving him a
c) The participation of the accused in the
copy thereof at his last known address or thru his
offense whether as principal, accomplice, or
counsel.
accessory
d) The penalty imposed upon the accused
e) The civil liability or damages caused by his
Effect of failure of accused to appear during
wrongful act or omission to be recovered
promulgation
from the accused by the offended party, if
there is any, unless the enforcement of the If the judgment is for conviction and the failure of
civil liability by a separate civil action has the accused to appear was without justifiable cause,
been reserved or waived (Sec. 2, Rule 120) 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
After a judgment of conviction and cancellation of judgment, however, the accused may surrender
of bail bond and file a motion for leave of court to avail of these
remedies. He shall state the reasons for his absence
Remedy: filing with the CA a motion to review said
at the scheduled promulgation and if he proves that
order
his absence was for a justifiable cause, he shall be
allowed to avail of said remedies within fifteen (15)
days from notice.
Contents of judgment of acquittal
^ Immediately final
Kinds of acquittal
 a) Acquittal on the ground that the accused
is not the author of the act or omission
complained of – This instance closes the
door to civil liability, for a person who has
been found to be not the perpetrator of any
act or omission cannot and can never be held
liable for such act or omission. There being
no delict, civil liability ex delicto is out of
the question, and the civil action, if any,
which may be instituted must be based on
grounds other than the delict complained of.
This is the situation contemplated in Rule
111 of the Rules of Court.
b) Acquittal based on reasonable doubt on
the guilt of the accused – In this case, even
if the guilt of the accused has not been
satisfactorily established, he is not exempt
from civil liability which may be proved by
preponderance of evidence only.
When judgment becomes final
a) After the lapse of the period for perfecting
an appeal, or
b) When the sentence has been partially or
totally satisfied or served, or
c) When accused has waived in writing his
right to appeal, or
d) Has applied for probation (Sec. 7, Rule 120)
Remedy if excessive penalty and already serving
sentence
Writ of habeas corpus
Produce the body and explain why the person should
remain in custody
GR: Immutability of judgment
XPNS:
a) The correction of clerical errors;
b) The so-called nunc pro tunc entries which
cause no prejudice to any party;
c) Void judgments; and
d) Whenever circumstances transpire after the
finality of the decision rendering its
execution unjust and inequitable.
NEW TRIAL OR CONSIDERATION
Grounds
The court shall grant a new trial on any of the
following grounds:
a) That errors of law have been committed
during trial
b) That irregularities prejudicial to the
substantial rights of the accused have been
committed during trial
c) That new and material evidence has been
discovered (Sec. 2, Rule 121)
Requisites for newly discovered evidence (Berry
Rule)
The requisites for newly discovered evidence under
Section 2, Rule 121 of the Revised Rules of
Criminal Procedure are:
a) The evidence was discovered after the trial;
b) Such evidence could not have been
discovered and produced at the trial with
reasonable diligence; and
c) That it is material, not merely cumulative,
corroborative or impeaching, and is of such
weight that, if admitted, will probably
change the judgment.
Grounds for reconsideration
a) Errors of law in judgment which requires no
further proceedings
b) Errors of fact which also requires no further
proceedings (Sec. 3, Rule 121)
Period of filing
Period of filing of motion for reconsideration - 15
days from the receipt of the decision of the court.
Not extendible. Failure to file Motion for
Reconsideration on time renders the Decision final
Effects of granting new trial or reconsideration
The effects of granting a new trial or reconsideration
are the following:
When a new trial is granted on the ground of errors
of law or irregularities committed during the trial, all
proceedings and evidence affected thereby shall be
set aside and taken anew. The court may, in the
interest of justice, allow the introduction of
additional evidence.
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.
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
Neypes doctrine
Period of appeal from judgment – 15 days from
notice of judgment
If motion for reconsideration or new trial is denied –
15 days from notice of the final order
^ New 15-day period may be availed of only if either
motion is filed; otherwise, the decision becomes
final and executory after the lapse of the original
appeal period from notice of judgment
Application of Neypes doctrine in criminal cases
Applicable because the law does not distinguish, so
the court should also not
APPEAL
Nature
Right to appeal is not a natural right nor a part of
due process but merely a statutory privilege and may
be exercised only in the manner and in accordance
with the provisions of law.
Once it is granted by law, its suppression would be a
violation of due process.
Effect of an appeal
Throws away the previous judgment and may review
any matter it deemed fit
Subject of an appeal
An appeal may be taken from a judgment or final
order that completely disposes of the case, or of a
particular matter therein when declared by these
Rules to be appealable.
No appeal may be taken from:
a) An order denying a motion for new trial or
reconsideration;
b) An order denying a petition for relief or any
similar motion seeking relief from
judgment;
c) An interlocutory order;
d) An order disallowing or dismissing an
appeal;
e) An order denying a motion to set aside a
judgment by consent, confession or
compromise on the ground of fraud, mistake
or duress, or any other ground vitiating
consent;
f) An order of execution;
g) A judgment or final order for or against one
or more of several parties or in separate
claims, counterclaims, cross-claims and
third-party complaints, while the main case
 is pending, unless the court allows an appeal
therefrom; and
h) An order dismissing an action without
prejudice. (Sec. 1, Rule 41)
Appeal from First Level Courts
To the Regional Trial Court, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Court, or Municipal Circuit
Trial Court by filing a Notice of Appeal with the
court which rendered the judgment or final order
appealed from and by serving a copy thereof upon
the adverse party.
Appeals from the Regional Trial Court
Under Rule 41 of the Rules, an appeal from the
RTC’s decision may be undertaken in three (3)
ways, depending on the nature of the attendant
circumstances of the case, namely:
(1) an ordinary appeal to the Court of Appeals
(CA) in cases decided by the RTC in the exercise of
its original jurisdiction;
(2) a petition for review to the CA in cases decided
by the RTC in the exercise of its appellate
jurisdiction; and
(3) a petition for review on certiorari directly filed
with the Supreme Court where only questions of
law are raised or involved.
The first mode of appeal under Rule 41 of the Rules
is available on questions of fact or mixed questions
of fact and of law.
The second mode of appeal, governed by Rule 42 of
the Rules, is brought to the CA on questions of fact,
of law, or mixed questions of fact and of law.
The third mode of appeal under Rule 45 of the Rules
of Court is filed with the Court only on questions of
law. It is only where pure questions of law are
raised or involved can an appeal be brought to the
Court via a petition for review on certiorari under
Rule 45. (Far Eastern Surety vs. People, G.R. No.
170618, 20 November 2013)
However, where the penalty imposed by the
Regional Trial Court is death, reclusion perpetua, or
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 perpetua, or life
imprisonment is imposed, shall be by filing a notice
of appeal and the appeal shall be with the Court of
Appeals.
Appeals from the Court of Appeals
Cases decided by the Court of Appeals may be
appealed to the Supreme Court and is generally by
Petition for Review on Certiorari under Rule 45.
In cases where the Court of Appeals imposes death,
reclusion perpetua, or 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 perpetua, or life imprisonment is imposed,
appeal is done by filing a notice of appeal.
GR: Petition for Review on Certiorari under Rule 45
XPN: Notice of appeal, when the CA imposes death,
reclusion perpetua, or 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 perpetua, or
life imprisonment is imposed
Effect of appeal by any of several accused
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
Grounds for dismissal of appeal
An appeal may be dismissed by the Court of
Appeals, on its own motion or on that of the
appellee, on the following grounds:
a) Failure of the record on appeal to show on
its face that the appeal was taken within the
period fixed by these Rules;
b) Failure to file the notice of appeal or the
record on appeal within the period
prescribed by these Rules;
c) Failure of the appellant to pay the docket
and other lawful fees as provided in section
5, Rule 40 and section 4 of Rule 41; (Bar
Matter No. 803, 17 February 1998)
d) Unauthorized alterations, omissions or
additions in the approved record on appeal
as provided in section 4 of Rule 44;
e) Failure of the appellant to serve and file the
required number of copies of his brief or
memorandum within the time provided by
these Rules;
f) Absence of specific assignment of errors in
the appellant's brief, or of page references to
the record as required in section 13,
paragraphs (a), (c), (d) and (f) of Rule 44;
g) Failure of the appellant to take the necessary
steps for the correction or completion of the
record within the time limited by the court in
its order;
h) Failure of the appellant to appear at the
preliminary conference under Rule 48 or to
comply with orders, circulars, or directives
of the court without justifiable cause; and
i) The fact that the order or judgment appealed
from is not appealable. (Sec. 1, Rule 50)
PROVISIONAL REMEDIES
Nature
Provisional remedies are temporary, auxiliary
(dependent to the main action), and ancillary
remedies available to a litigant for the protection and
preservation of his rights while the main action is
pending. They are writs and processes which are not
main actions and they presuppose the existence of a
principal action.
Provisional remedies are resorted to by litigants for
any of the following reasons:
a) To secure the judgment;
b) To preserve the status quo; or
c) To preserve the subject matter of the action.
Kinds of provisional remedies
a) Preliminary attachment (Rule 57);
b) Preliminary injunction (Rule 58);
c) Receivership (Rule 59);
d) Replevin (Rule 60); and
e) Support pendent lite (Rule 61)
PRELIMINARY ATTACHMENT (RULE 57)
What Are Its Purposes?
a) To seize the property of the debtor in
advance of the final judgment and to hold it
for purposes of satisfying the said judgment
b) To enable the court to acquire jurisdiction
over the action by the actual or constructive
seizure of the property in instances where
summons cannot be effected.
What Are The Requirements?
a) Affidavit – which must contain all the
allegations required and the circumstances
on why it should be granted.
b) Bond – it is to answer for the damages and
costs, which may be adjudged, to the
adverse party.
The defendant can file a counter bond at the courts
discretion but the counter bond must not be lower
than the bond filed by the petitioner. Its purpose is to
satisfy the judgment.
Note: No notice to the adverse party or hearing of
the application is required.
When Shall It Be Discharged?
a) The debtor has posted a counter bond.
b) The attachment was improperly issued, i.e.,
when there is no ground for attachment, or
the affidavit and/or bond filed are defective
or insufficient.
c) The attachment is excessive.
d) The property attached is exempt from
execution thus, also exempt from
attachment.
e) The judgment is against the attaching party.
PRELIMINARY INJUCTION (RULE 58)
What is Preliminary Injunction?
A judicial writ, process or proceedings whereby a
party is ordered to do or refrain from doing a
particular act.
GR: Prior notice is indispensable for the issuance of
a writ of Preliminary Injunction (PI) and a
Temporary Restraining Order(TRO).
XPN: If the matter is of extreme urgency and the
applicant may suffer injustice and injury, the court
may issue an ex parte TRO effective for only
seventy-two (72) hours from issuance, renewable
after summary hearing for a period not exceeding
twenty(20) hours which includes the original 72
hours if previously granted.
The Kinds Of Injunction
a) Preventive or prohibitive injunction requires
a person to refrain from doing a particular
act.
b) Mandatory injunction requires the
performance of a particular act.
What Is Its Purpose?
To preserve the status quo, i.e., the last actual,
peaceable, uncontested status which precedes the
pending controversy.
RECEIVERSHIP (RULE 59)
Who is a Receiver?
Person appointed by the court in behalf of all the
parties to an action for the purpose of preserving the
property involved in the suit and to protect the rights
of all the parties under the direction of the court.
As a rule, a party to the case nor the clerk of court
should not be appointed.
Note: No action maybe filed against the receiver
without leave of court.
Ex parte appointment of a receiver is no longer
authorized, a hearing must be conducted for that
purpose.
What Are The Requirements?
a) Affidavit – that the applicant has interest in
the property that is the subject of the
litigation and there is an inevitable damage
to it thus, the court must appoint a receiver.
b) Bond – in the amount fixed by the court, to
cover all the damages by reason of the
appointment of a receiver. The court may
require additional bond as further security.
REPLEVIN (RULE 60)
What Is Its Purpose?
To recover the possession of personal property.
What Are The Requirements?
a) Affidavit – must allege that the applicant is
the owner or entitled to possess the property,
the description of the property, the actual
‘market’ value of the property, and the
person and why he withheld the property
from the applicant.
b) Bond – the amount to be posted must double
the value of the property as stated in the
affidavit.

SUPPORT PENDENTE LITE (RULE 61)

What Is Its Purpose?
a) To compel adverse party to provide support
while action is pending in court.
b) No bond is required from the applicant.
c) The application must be verified and shall
be set for hearing not more than three (3)
days from the filing of the petition.