1. Requisites of a Valid Judgment

JUDGMENT

A judicial act 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.

REQUISITES OF A JUDGMENT

Requisites of a judgment

• Written in official language
• Personally and directly prepared by the judge and signed by him
• Shall contain clearly and distinctly:
• Statement of the facts
• Law upon which it is based (Rule 120, Sec. 1)

The parties to a litigation should be informed of how it was decided, with an explanation of factual and legal reasons that led to the conclusions of the trial court. A decision that does not clearly and distinctly state the facts and the law on which it is based leaves the parties in the dark as to how it was reached and is precisely prejudicial to the losing party, who is unable to pinpoint possible errors of the court for review by a higher tribunal. (Lumanog, et al. v. People, G.R. No. 182555, 2010)

The jurisdictional requirements before a judgment may be validly rendered are jurisdiction over the subject matter, the territory, and the person of the accused. (Antiporda, Jr. v. Garchitorena, G.R. No. 133289, 1999)

Requisites:

• In writing in the official language;
• Personally and directly prepared by the judge;
• State clearly and distinctly the facts and the law on which it is based;
• Contains a dispositive portion;
• Signed by the judge; and
• Filed with the clerk of court.

MEMORANDUM DECISION

Rendered by an appellate court and references the finding of facts and conclusions of law contained in the decision under review. this is done in order to avoid repetition and cumbersome reproduction of the decision of the lower court in the decision of the higher court. In order to be valid, however, it must provide direct access to the facts and law being adopted, which must be contained in a statement attached to the decision and made an indispensable part of the decision. (Francisco v. Permskul, G.R. No. 81006, 1989).

Memorandum Decisions are supported by BP 129 and Rule 51 of the Rules of Court.

Even though memorandum decisions are permitted by the court under certain circumstances, it cannot merely refer to the conclusions of law of the lower court, the appellate court must likewise make full findings of fact and conclusions of law on its own (Ong Chia Kwan v. CA, G.R. No. 113006, 2000).

The constitutional requirement of a valid judgment will not be violated when for as long as a memorandum decision states the nature of the case, summarize the facts with references to the record and contains a statement of the applicable of the applicable laws and jurisprudence and the tribunal's assessment and conclusions on the case. It would be more prudent for a memorandum decision to do so since it would enable the court to make an appropriate finding as to whether or not the dispositive conclusion of the judgment sought to be enforced is consistent with the findings of facts and conclusions of law made by the tribunal that rendered the decision. Otherwise, the judgment sought to be enforced is consistent with the findings of facts and conclusions of law made by the tribunal that rendered the decision. otherwise, the merits. (Oil and Natural Gas Commission v. CA, G.R. No. 114323, 1998)

For a Judgment to be Valid

• In writing, personally and directly prepared by the Judge
• State clearly and distinctly the facts and law on which it is based
• Signed by judge and filed with clerk of court (Rule 36, Sec. 1)