L. Judgment (Rule 120)

Judgment

It 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. (Rule 120, Sec. 1)

Judgment of Conviction

• Legal qualification of the offense constituted by the acts committed by the accused
• Aggravating and mitigating circumstances
• Participation of the accused whether as principal, accomplice or accessory
• Penalty imposed
• Civil liability or damages, unless reserved or waived (Rule 120, Sec. 2)

Judgment of Acquittal

• State whether or not evidence of the prosecution:
• Absolutely failed to prove guilt
• Merely failed to prove guilt beyond reasonable doubt
• In either case, judgment shall determine if the act or omission from which the civil liability might arise did not exist (Rule 120, Sec. 2).

A verdict of acquittal is immediately final. (People v. Serrano, G.R. No. 135451, 1999)

Award of Indemnity Despite Acquittal

Unless there is a clear showing that the act from which the civil liability might arise did not exist, the judgment must make a finding on the civil liability of the accused in favor of the offended party (Sec. 2 (2), Rule 120).

Exception/s:

• Judgment in light offenses
• May be pronounced in the presence of the accused’s counsel or representative
• May be promulgated by the clerk of court if the judge is absent or outside the province or city
• Judgment if accused is confined or detained in another province or city
• May be promulgated by the executive judge of the RTC having jurisdiction over the place of confinement or detention
• Upon request of the court which rendered judgment (Rule 120, Sec. 6).

Modification of Judgment

A judgment of conviction may be modified or set aside upon motion of the accused, before the judgment becomes final or before appeal is perfected. (Rule 120, Sec. 7).

General Rule: Judgment should be rendered within 90 days from submission

Exceptions:

• It must be rendered within 30 days in cases under Summary Procedure
• It must be rendered within 15 days in drug cases

WHEN DOES JUDGMENT BECOME FINAL

General Rule: Judgment becomes final after:

• Lapse of period for appeal
• Sentence partially or totally served
• Accused waives in writing his right to appeal
• Accused has applied for probation

Exception: when the death penalty is imposed.

Note: The accused who fails to appear at the promulgation of the judgment of conviction loses the remedies available under the Rules of Court against the judgment, specifically: (a) the filing of a motion for new trial or for reconsideration (Rule 121), and (b) an appeal from the judgment of conviction (Rule 122).

However, the Rules of Court permits him to regain his standing in court in order to avail himself of these remedies within 15 days from the date of promulgation of the judgment conditioned upon: (a) his surrender; and (b) his filing of a motion for leave of court to avail himself of the remedies, stating therein the reason for his absence. Should the trial court find that his absence was for a justifiable cause, he should be allowed to avail himself of the remedies within 15 days from notice of the order finding his absence justified and allowing him the available remedies from the judgment of conviction (Rule 120, Sec. 6). (Salvador v. Chua, G.R. No. 212865, 2015)

Probation

Probation is a mere privilege, and the grant is discretionary upon the court. The offender should apply for probation after conviction within the period for perfecting an appeal.

An application for probation may no longer be filed once the defendant has already perfected an appeal from the judgment of conviction.

Probation does not release civil liability.

A denied application for probation cannot be appealed.

Judgment

The court shall render judgment within ten (10) days from the time the petition is submitted for decision. (Sec. 6, A.M. No. 07-9-12-SC)