Rule 120 – Judgment

 General rule in conviction of accused based on

allegation and what was proven.

 Exception – Read section 4 of Rule 120

 Instances that court can
promulgate judgment even if
 What are the rules when a minor has the accused is not present
reached his age during the promulgation
of his sentence?
1. He is no longer entitled to the benefit of
suspension of sentence
2. The time he spent in the commitment while his
case was ongoing shall be credited to his actual
service of sentence
3. He shall be entitled to the privileged mitigating
circumstance of minority. For that, his penalty
should be next lower in degree to that prescribed
by law.

E.g., In the case of People v. Francisco, wherein  Rule on Modification (Sec. 7)

Fredirico ore was a minor during the time he was
convicted of murder and he was considered
youthful offender, hence, committed under the care
of an accredited government institution for those
children in conflict with the law. But, at the time of
the promulgation of final judgment, he was already
21 years old. For this, he is no entitled anymore to
the benefit of suspension of the sentence but  What are the remedies of the
instead serve the actual sentence provided that the
offended party if the court fails
time he committed under the care of an institution
will credited to the actual sentence he shall serve to include civil liability in the
for. And his penalty was next lower in degree to that judgment?
prescribed which is reclusion perpetua.
Therefore, he shall be punished with reclusion
temporal.
- It is like ordering a of an officer to detain such
person or execute the penalty imposed upon an
accused or convicted person.

 Remedies of the convicted include

applying for probation but who are
disqualified?