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;
shall contain clearly and distinctly a statement of the facts and the
law upon which it is based.
Section 2. Contents of the judgment. —
Judgment is of conviction, 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.
Judgment of acquittal, shall state:

the evidence of the prosecution absolutely failed to prove the guilt

of the accused
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
Section 3. Judgment for two or more offenses. —
Two or more offenses are charged in a single complaint or
information;
 if accused fails to object to it before trial;
the court may convict him of as many offenses as are charged and
proved
impose on him the penalty for each offense, setting out separately
the findings of fact and law in each offense. (3a)
Section 4. Judgment in case of variance between allegation and
proof. —
VARIANCE BETWEEN CHARGE AND OFFENSE PROVED

when there is variance between the offense CHARGED and the

offense PROVED;
the offense as CHARGED is included in the offense PROVED, or
the offense CHARGED is necessarily includes the offense proved,
the accused shall be convicted of the offense proved which is
included in the offense charged,
the accused shall be convicted offense charged which is included in
the offense proved.
NECESSARILY INCLUDED IN THE OFFENSE CHARGED.

Example: A was charged of Murder. During the trial, the felony

proved was only Homicide. Thus, A will be convicted of Homicide
which is necessarily included in the offense charge. Here,
Homicide is included in the offense charge (Murder).
NECESSARILY INCLUDED IN THE OFFENSE PROVED.

Example: During the trial, the felony proved was Murder, but the
information filed is Homicide. Thus, A will be convicted of
Homicide which is necessarily included in the offense proved. Here,
Homicide (the actual charge) is included in the offense proved
(Murder).
A will not be convicted of Murder because it is not the information
filed against him. It will be a violation of the rights of the accused at
the trial.
Section 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.
(Proved: Homicide Charge: Murder)
An offense charged is necessarily included in the offense proved,
when the essential ingredients of the former constitute or form a part
of those constituting the latter.
(Proved: Murder Charge- Homicide)
Section 6. Promulgation of judgment. —
FOR NON-LIGHT OFFENSE
The judgment is promulgated by reading it in the presence of the
accused and any judge of the court in which it was rendered.

FOR 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.
IF THE ACCUSED IS DETAINED IN ANOTHER PLACE
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.
NOTICE OF PROMULGATION

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.
ACCUSED FAILED TO APPEAR DESPITE NOTICE
In case the accused fails to appear at the scheduled date of
promulgation of judgment despite notice,
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.
REMEDY OF THE ACCUSED ABSENT DURING THE
PROMULGATION

IF ABSENCE IS WITHOUT JUSTIFIABLE CAUSE

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.
IF ABSENCE IS WITH JUSTIFIABLE CAUSE

Within fifteen (15) days from promulgation of judgment

the accused may surrender and file a motion for leave of court to
avail of the remedies.
In the motion, the accused shall state the reasons for his absence at
the scheduled promulgation and the justifiable cause.
he shall be allowed to avail the remedies (appeal, etc.) within
fifteen (15) days from notice.
Section 7. Modification of judgment. — A judgment of conviction
may, upon motion of the accused, be modified or set aside before it
becomes final or before appeal is perfected.
JUDGMENT BECOMES FINAL:
 after the lapse of the period for perfecting an appeal,
when the sentence has been partially or totally satisfied or served,
when the accused has waived in writing his right to appeal,
has applied for probation
(Except where the death penalty is imposed, because of automatic
appeal.
Section 8. Entry of judgment. — After a judgment has become final,
it shall be entered in accordance with Rule 36.
THANK YOU