CLJ6- CRIMINAL PROCEDURE & COURT TESTIMONY
➢ IN SHORT, it is not only the right of the
JUDGEMENT
➢ Is broadly defined as the decision or the
sentence of the law given by a court or
other tribunal as the result of the
proceedings instituted therein which
settles the issues, fixes the rights and
liabilities of the parties, and determines
the proceeding, and is regarded as the
sentence of the law pronounced by the
court on the action or question before it.
➢ It is the law’s final word pronounces by a
competent authority in a controversy
submitted to it.
CONTENTS OF JUDGEMENT
1) Legal qualifications of offense constituted
by the acts committed by the accused.
2) Aggravating or mitigating circumstances
w/o attended commission of the offense.
3) Participation of the accused; principal,
accessories
4) Specific penalty
5) Civil liability
VERBAL ORDER OF ACQUITTAL OR
DISMISAL INVALID
➢ Judgment in a criminal case must be
written in the official language, personally
and directly by the judge and signed by him
and shall contain clearly and distinctly a
statement of the facts proved or
admitted by the accused and the law upon
which such judgement is based.
➢ A verbal judgment does not meet the
requirement making it invalid and without
legal force or effect.
PROOF BEYOND REASONABLE DOUBT
➢ The requirement of proof beyond
reasonable doubt calls for MORAL
CERTAINTY of guilt.
➢ It is such proof to the satisfaction of the
court, keeping in mind the presumption of
innocence, as precludes every reasonable
hypothesis except which it is given to
support it.
accused to be freed, it is the court’s
constitutional duty to acquit him.
ACQUITTAL - is finding of not guilty based on the
merits, that is, the accused is ACQUITTED
because the evidence does not show that his guilt
is beyond reasonable doubt, or a DISMISSAL OF
THE CASE after the prosecution has rested its
case and upon motion of the accused on the ground
that the evidence fails to show beyond doubt that
the accused is guilty.
➢ Dismissal of a criminal case upon the motion
of the accuses for violation of the accused’s
right to speedy trial amounts to an
acquittal and his subsequent indictment for
the same offense would put him on double
jeopardy.
➢ The dismissal is equivalent to acquittal.
JUDGEMENT FOR ACQUITTAL CONTAINS
THE FOLLOWING:
1) State whether or not the evidence of the
prosecution
a. Absolutely failed to prove the guilt of
the accused
b. Merely failed to prove the guilt of
beyond reasonable doubt
2) Determine if the act or omission from
which the civil liability might arise did not
exist.
Effects of Acquittal – always final and executory
- NO APPEAL
ACQUITTAL VS DISMISSAL
➢ ACQUITTAL is always based on the
merits, that is, the accused is acquitted
because the evidence does not show that
his guilt was proved beyond reasonable
doubt.
➢ DISMISSAL as a rule, terminates the
case, but it is not on the merits and no
finding of guilt is made, either because the
court is not a court of competent
jurisdiction, or the evidence does not show
that offense was committed within the
territorial jurisdiction of the court, or the
complaint or information is not valid or
sufficient in form and in substance
ACQUITTAL ON REASONABLE DOUBT DOES
NOT BAR CIVIL ACTION ON QUASI-DELICT
➢ An acquittal of an accused based on
reasonable grounds does not bar the
offended party from filing a separate civil
action based on quasi- delict.
➢ An acquittal EXTINGUISHES civil
liability ONLY when the judgement includes
a declaration that the facts from which
the civil liability might arise did not exist.
JUDGEMENT OF CONVICTION BECOMES
FINAL
➢ It becomes final after the lapse of the
period for perfecting an appeal, when the
sentence has been partially or totally
satisfied or served, or the accused has
expressly waived in writing his right to
appeal or he applies for probation.
JUDGEMENT OF CONVICTION BECOMES
FINAL
➢ Before the judgment of conviction becomes
final, the court has the plenary power to
make, either on motion of one of the
parties, or motu proprio , such amendments
or alteration as it may deem best, within
the frame of law, to promote the ends of
justice.
➢ THEREAFTER, the trial court is divested
of authority to amend or alter the
judgement, EXCEPT to clerical errors.
JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
General Rule: When there is variance between
the offense charged in the complaint or
information, and that proved, 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 the offense charged which is included
in the offense proved.
JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
IN SHORT: when a person is charged with a crime
and the evidence does not show that he is guilty
of the crime charged, but does show that he is
guilty of some lesser offense, the court may
sentence him for the lesser offense PROVIDED
the lesser offense is cognate offense and is
included in the complaint or information files in
court.
JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
Exception: Accused may be convicted of the
offense proved included in that which is charged,
or of the offense charged include which is proved,
does not apply where facts supervened after the
filing of information which changed the nature of
the offense.
JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
EXAMPLE: Charged filed is frustrated murder,
later on the victim died. The information or
complaint should be amended into murder
otherwise the conviction will still lie on the charge
of frustrated murder as the case may be.
STATE’S LIABILITY FOR UNJUST
CONVICTION
R.A.No. 7309 created a Board of Claims under
the Department of Justice to receive, evaluate,
process and investigate claims of unjust
imprisonment or detention and victims of violent
crimes.
➢ Any person may file claim for compensation
is “any person who was UNJUSTLY
accused, convicted, imprisoned, but
subsequently released by virtue of a
judgement of acquittal.”
PROMULGATION OF JUDGEMENT -is an
official proclamation or announcement the decision
of the court.
Requisites:
1) Filing of the decision with, and receipt
thereof by, the clerk of court and entering
or recording the same in criminal docket.
(indispensable)
 2) Reading the judgement or sentence in the
presence of the accused and the judge of
the court who rendered it, or if
notwithstanding due notice to him in his
last known address or his bondsman and his
counsel if he fails on his promulgation.
PROMULGATION OF JUDGEMENT - The
presence of the accused is MANDATORY in all
cases:
1) Except where the conviction is for light
offense;
2) Except where the judgement is for
acquittal, either of which the accused may
appear through counsel or representative.
The ABSENCE OF THE COUNSEL is not a
violation of a substantial right of the accused, and
will not affect the validity of the promulgation of
the judgement.
PROMULGATION OF JUDGEMENT WHERE
JUDGE IS ABSENT
For light offense: (if the judge is absent or out of
the province) the clerk of court may promulgate
the same.
For grave offense: the promulgation may be
assigned or transferred to other court of equal
jurisdiction.
MODIFICATION OF JUDGEMENT
➢ The court has the power to modify its
judgement of conviction, on its own and
without notice to the either party, on the
basis of the evidence in the records, so long
as the judgement has not become final, as
it still has jurisdiction over the case.
➢ Within the period of appeal, UNLESS
waives his right to appeal or accepts the
judgement and starts serving the
sentence, in which the judgement becomes
final, the trial court may still modify or set
aside such judgement of conviction, without
placing the accused twice in jeopardy.
ENTRY OF JUDGEMENT
➢ If no appeal or motion for new trial or
reconsideration is filed within the time
provided in these Rules, the judgement or
final order shall forthwith be entered by
the clerk in the book of entries of
judgement.
➢ The date of finality of the judgment or
final order shall be deemed to be the date
of its entry.
➢ The record shall contain the dipositive part
of the judgement or final order and shall be
signed by the clerk, with a certificate that
such judgement or final order has become
final and executory.
RULES ON PROBATION
➢ Application for probation is after the
accused shall have been convicted by the
trial court and within the period of
perfecting an appeal.
➢ An accused convicted of a crime with a
penalty not exceeding 6 years may apply
for probation except when he is
disqualified.
➢ It is a mere privilege. Thus, if the
probationer is unrepentant, the state is
not bared from revoking the same.
➢ Probation is revocable before final
discharge of the probationer by the court.
Thus, the expiration of the probation
period alone does not automatically
terminate probation.
➢ Not coterminous with its period. Thus
there must first be issued by the court
and recommendation of the probation
officer.— ONLY from such issuance can
the probationer be deemed terminated.
➢ The period of probation may either be
shortened or made longer, but not to
exceed the period set in the law.
➢ It only effects on the criminal liability of
the case as it merely provides for the
suspension of the sentence, and has no
bearing on civil liability.
➢ A MAJOR ROLE is played by the
probation officer in the release of the
probationer because he is the one in the
best position to report all information
relative to the conduct and mental and
physical condition of the probationer in his
environment, and the existing institutional
 and community resources that he may
avail himself of when necessary.
SUSPENSION OF SENTENCE OF YOUTHFUL
OFFENDER
➢ A child, minor or youth including one who is
emancipated in accordance with the law,
who is over 9 year old but below 18 years
of age at the time of the commission of
the crime shall be exempt from criminal
liability and shall be committed to the care
of his parents or nearest relative, or family
friend or to the DSWD program in the
discretion of the court and subject to its
supervision UNLESS he acted with
discernment.
1. Any decision of the inferior court shall be
appealable before the Regional Trial Court.
2. The object of the different remedies after
judgement is to give convicted the chance
to question the legality of the judgement
rendered by the lower court. -FALSE
3. If the decision shall be rendered by
Municipal Trial Court in Cities of Lipa in the
crime of theft on January 15, 2021, the
same shall be final and executory a month
after that. - FALSE
4. PUBLIC PROSECUTOR -the person who
prosecute the case based in your criminal
complaint and the trial.
5. The court may NOT convict a certain
Pedro, the accused for as many crime
provided that of these crimes are proven
during trial. (Exception: Art. 48 Complex
Crime)
6. Any decision on motion for reconsideration or
new trial based on the newly discovered
evidence shall be appealable to any
appellate court. -FALSE
7. If during the trial, the accused Pedro who
was charged of theft was found out that
it seems that Estafa was committed by
him, the court should penalize him of
Estafa which is the crime proven.
ANSWER: No, the elements of either does
not cover the other.
8. The appellate court in all criminal cases
shall NOT ALWAYS be the Court of
Appeals.
9. Judgement in criminal case is written in
OFFICIAL LANGUAGE by the judge and
signed by him and shall contain directly and
distinctly A STATEMENT OF THE FACTS
PROVED OR ADMITTED BY THE
ACCUSED and THE LAW which it is based.
10. A motion for reconsideration shall be
granted only if either of the errors of law
or fact in the judgement only are present.
11. It is the court which shall ascertain if the
accused who was represented by a counsel
de officio during trial shall be allowed to
have the same representative during
appeal.
12. It is necessary that all kinds of jurisdiction
be acquired before any proceedings in court
commence otherwise the same shall be held
invalid.
13. If the remedy chosen is a motion for
reconsideration, it means that the
judgement of the trial court is defective.
14. A motion for new trial shall be decided by
______
15. The person charged of any criminal case
shall have the same constitutional rights
during and after trial. – FALSE
16. All trial courts shall have the same original
jurisdiction and appellate jurisdiction for
decisions rendered by any inferior court
17. The promulgation of a judgement shall be
made personally only by the judge who
personally made and signed the same. –
FALSE
18. A person deprived of liberty who was
released on bail during trial shall be given
the same right after judgement before
the appellate court. -FALSE