Judgment Flashcards
(34 cards)
What is the Judgment?
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, Rule 120]
What are the requisites of a judgment?
Written in the official language
If given verbally, it is incomplete [People v. Catolico, G.R. No. L-31260 (1972)]
a. Personally and directly prepared by the judge
b. Signed by the judge
c. Contains clearly and distinctly a statement of the facts and the law upon which judgment is based
[Sec. 1, Rule 120]
There is sufficient compliance if the decision summarizes the evidence of both parties, synthesizes the findings and concisely narrates how the offense was committed.What
What are the jurisdictional requirements for a valid judgment?
Jurisdictional requirements
a. Jurisdiction over the subject matter
b. Jurisdiction over the territory
c. Jurisdiction over the person of the accused
[Riano, 499, 2016 Ed., citing Cruz v. CA, G.R. No. 123340 (2002) and Antiporda v. Garchitorena, G.R. No. 133289 (1999)]
What are the requirements for the judge who reders the decision/judgment?
The judge who presided over the entire trial would be in a better position to ascertain the truth or falsity of the testimonies. But the judge who only took over can render a valid decision by relying on the transcript. It does not violate due process [People v. Badon, G.R. No. 126143 (1999)]
The fact alone that the judge who heard the evidence was not the one who rendered the judgment but merely relied on the record of the case does not render his judgment erroneous or irregular, especially when the evidence on record is sufficient to support its conclusion [People v. Alfredo, G.R. No. 188560 (2010)]
What shall a judgment of conviction state?
The judgment of conviction shall state:
- The legal qualification of the offense constituted by the acts committed by the accused and the aggravating/mitigating circumstances which attended its commission
- The participation of the accused in the offense, whether as principal, accomplice or accessory after the fact
- The penalty imposed upon the accused
- The civil liability or damages caused by his wrongful act/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/waived
[Sec. 2, Rule 120]
What is proof beyond reasonable doubt?
It is that degree of proof which produces conviction in an unprejudiced mind [People v. Bacalzo, G.R. No. 89811 (1991)]
On what must the conviction of the accused rest?
Conviction of the accused must rest, not on the weakness of the defense, but on the strength of the prosecution. The burden to prove guilt beyond reasonable doubt is on the prosecution [Boac v. People, G.R. No. 180597 (2008)]
A judgment for two or more offense is also called what?
duplicitous complaint or information
What is a ‘judgment for two or more offense’ aka ‘duplicitous complaint or information’?
When two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense [Sec. 3, Rule 120]
What is the Variance Doctrine?
Variance between Allegation and Proof
General rule: The defendant can be convicted only of the crime with which he is charged [Riano 504, 2016 Ed.]
However, a minor variance between the information and the evidence does not alter the nature of the offense, nor does it determine or qualify the crime or penalty, so that even if a discrepancy exists, this cannot be pleaded as a ground for acquittal [People v. Noque, G.R. No. 175319 (2010)]
Exception: When there is variance between the offense charge 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 [Sec. 4, Rule 120] 1. The accused can be convicted of an offense only when it is both charged and proven.
2. The mere fact that the evidence presented would indicate that a lesser offense outside the court’s
jurisdiction was committed does not deprive the court of its jurisdiction, which had vested in it under the allegations in the information [People v. Ocaya, G.R. No. L-47448 (1978)]
Exception to the exception: Where there are facts that supervened after the filing of the information which change the nature of the offense.
When does an offense charge necessarily include the offense proved?
An offense charged necessarily includes the offense proved when some of the essential elements/ingredients of the former, as alleged in the complaint/information, constitute the latter.
Examples: Murder includes homicide; Serious physical injuries include less serious or slight physical injuries; Robbery includes theft [Riano]
When is an offense charged necessarily included in the offense proved?
An offense charged is necessarily included in the offense proved when the essential ingredients of the former constitute or form part of those constituting the latter [Sec. 5, Rule 120]
Examples: Less serious physical injuries are included in serious physical injuries; Acts of lasciviousness are included in rape; Theft is included in robbery [Riano]
Is the right to be informed violated in cases of “when an offense includes or is included in another”?
NO.
The right to be informed of the charges has not been violated because where an accused is charged with a specific crime, he is duly informed also of lesser crimes/offenses included therein [People v. Noque, G.R. No. 175319 (2010)]
What should a judgment of acquittal state?
The judgment of acquittal 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.
In either case, the judgment shall determine if the act or omission complained from which the civil liability might arise did not exist. [Sec. 2, Rule 120]
What is the difference between a judgment of acquittal and dismissal?
Both: Terminates the case
Acquittal:
Decision on the merits based on a finding that the accused is not guilty
Dismissal:
Not on the merits but no finding that accused is not guilty
What is reasonable doubt?
Reasonable doubt is doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest upon the certainty of guilt [People v. Nito, G.R. No. 70305 (1993)]
Does an acquittal based on failure to prove guilt beyond reasonable doubt extinguish civil liability?
NO.
Acquittal based on failure to prove guilt beyond reasonable doubt does not extinguish the civil liability arising from his acts, since the civil liability arose not from a crime but from the damage caused by such acts, which can be proven by a lower quantum of evidence. Thus, it does not bar a separate civil action based on quasi-delict [Lontoc v. MD Transit, G.R. No. L-48949 (1988)]
When does acquittal extinguish civil liability?
The court may hold the accused civilly liable even when it acquits him. Acquittal extinguishes civil liability only when the judgment includes a declaration that the facts from which the civil liability might arise did not exist [Lontoc v. MD Transit, G.R. No. L-48949 (1988)]
Thus:
- The court may nonetheless hold the accused civilly liable in favor of the offended party, or it may deny the award of civil damages expressly or impliedly by being silent on the matter.
- The losing party may appeal the ruling on the civil liability, as in any other ordinary appeal, in his name and not in the name of the People.
___________ of judgment is an official proclamation or announcement of the decision of the court.
Promulgation
Promulgation of judgment is an official proclamation or announcement of the decision of the court [Pascua v. Court of Appeals, G.R. No. 140243 (2000), citing Jacinto, Sr. 521, Commentaries and Jurisprudence on the Revised Rules of Court [Criminal Procedure], 1994 Ed.]
What are the requisites for the promulgation of judgment?
a. There must be a court legally organized or constituted; and there must be a judge, or judges, legally appointed or elected and actually acting, either de jure or de facto [Luna v. Rodriguez, G.R. No. 12647 (1917)]
b. Said judgment must be duly signed and promulgated during the incumbency of the judge who penned it [Payumo v. Sandiganbayan, G.R. No. 151911 (2011)]
c. 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, Rule 120]
What is the effect of failure to promulgate judgment?
Where there is no promulgation of judgment, no right to appeal accrues.
[Pascua v. CA, G.R. No. 140243 (2000)]
Is reading the dispositive portion of the decision sufficient in the promulgation of judgment?
NO.
Where there is no promulgation of judgment, no right to appeal accrues. Merely reading the dispositive portion of the decision is not sufficient [Pascua v. CA, G.R. No. 140243 (2000)]
How is the notice on the promulgation of judgment executed?
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 was 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, Rule 120]
What is a Sin perjuico judgment?
It is a judgment without a statement of the facts in support of its conclusion to be later supplemented by the final judgment. This practice is discouraged by the courts [Dizon v. Lopez, A.M. No. RTJ-96-1338 (1997)] This is a practice which should not be followed and cannot be looked upon with favor [Director of Lands v. Sanz, G.R. No. 21183 (1923)]
