Rule 120 or information and the offense as charged is either included in the APPEAL

JUDGEMENT offense proved or necessarily includes the offense proved. The accused In cases, however, where the Court of Appeals imposes reclusion perpetua,
shall be convicted of the offense proved which is included in the offense or life imprisonment, the judgement of the C.A may be appeald to
Judgement – is the adjudication by the court that the accused is guilty or not charged. He may also be convicted of the offense charged which is the Supreme Court by notice appeal filed with the Court of Appeals
guilty of the offense charged and the imposition on him of the proper penalty included in the offense proved.
and civil liability, if any (Sec. 1, Rule 120, Rules of Court) “Harmless error” rule - not all error committed by the trial court are grounds
Ex. If the accused is charged with murder but it was homicide that was for reversal of the appealed judgement. If the error is slight and
proven, the accused shall be convicted of homicide, the offense proved. insignificant, the error will be disregarded because it has not caused
REQUISITES OF A JUDGEMENT Homicide is included in the offense charged which is murder prejudice to a party.

Accused is charged with qualified rape, but it was acts of lasciviousness

1. It must be written in the official language
that was proven, the accused shall be convicted.
2. It must be personally and directly prepared and signed by the
judge
PROMULGATION OF JUDGEMENT
3. It must contain clearly and distinctly a statement of the facts, and
General Rule: a judgement is promulgated by reading it in the presence
the law upon which it is based.
of the accused and any judge of the court in which it was rendered.
The jurisdictional requirement before a judgement may be validly rendered in a
criminal case are
Exception: if the conviction is merely for a light offense, the judgment
1. Jurisdiction over the subject matter
may be pronounced in the presence of his counsel or representative. The
2. Jurisdiction over the territory
judgement may be promulgated by the clerk of court of judge is absent
3. Jurisdiction over the person of the accused.
or outside the province or city.

CONTENTS OF A JUDGEMENT OF CONVICTION; CONTENTS OF

*If the accused is confined or detained in another province or city, the
JUDGEMENT OF ACQUITTAL
judgement may be promulgated by the executive judge of the RTC
having jurisdiction over the place of confinement or detention upon
A judgement of conviction shall state
request of the court which rendered the judgement (Sec. 6, Rule 120,
1. The legal qualification of the offense constituted by the acts
Rules of Court)
committed by the accused.
*How accused is to be notified of the promulgation? – the notice shall be given
2. The aggravating and mitigiating circumstances which attend the
by the clerk of court to the accused personally or through his bondsman
commission of the offense.
or warden and counsel.
3. The participation of the accused in the offense whether as
*If the accused was tried in absentia because he jumped bail or escaped from
principal, accomplice, or accessory
prison, the notice to him shall be served at his last known address (Sec.
4. The penalty imposed upon the accused,
6, Rule 120 of Rules of Court)
5. The civil liability or damages he has caused.
A judgement of acquittal shall:
RULE IF THE ACCUSED FAILS TO APPEAR IN THE
1. State whether or not the evidence of the prosecution is
PROMULGATION OF JUDGEMENT
absolutely failed to prove the guilt of the accused or merely
1. If the accused fails to appear at the schedules promulgation of
failed to prove his guilt beyond reasonable doubt.
judgement despite notice, the promulgation shall not be
2. Determine if the act or omission from which the civil liability
suspended; instead, it shall be made by
might arise did not exist,
a. Recording the judgement in the criminal docket and
A verdict of acquittal is immediately final (People VS Serrano)
b. Serving him a copy thereof at his last known address or
through his counsel
Rule when there are two or more offenses in a single information or
(Sec. 6, Rule 120, Rules of Court)
complaint (duplicitous complaint or information – the accused can
file a motion to quash under Sec. 3(f), Rule 117, Rules of Court because
2. If the judgement is for conviction and failure of the accused to
of the rule that a complaint or information must charge only one
appear was without justifiable cause, the consequences are
offense, except when the law prescribes a single punishment for various
more severe. He shall also lose the remedies available in the
offense Sec. 13, Rule 110, Rules of Court.
Rules of Court against the judgement and the court shall order
his arrest. (Jaylo Vs. Sandiganbayan)
Judgement rendered by judge who did not hear case - People vs
Lagman and People vs. Alfredo, the court held that the judge may relay
REMEDIES AGAINST A JUDGEMENT OF
on the records of the case, the judge does not render erroneous
CONVICTION
judgement where the judge who rendered the judgment was not the one
1. Modification of the judgement
who has the proceeded the trial, especially where the evidence on record
2. Re-opening of the proceedings
is sufficient to support its conclusion.
3. Motion for new trial
4. Motion for reconsideration
Variance Doctrine; variance between the allegation and proof
5. Appeal from the judgement.
The variance referred to Sec. 4 of Rule 120 is a situation where the
offense proved is different from the offense as charged in the complaint