Maraming salamat po, Atty. Your videos are very helpful, substantive and clear. Hope you can share more. May God bless you and reward you for your kindness and generosity to share even to your non- students, if i may say.
BARWEL, ANGELO V. LSPU-SPCC BS CRIMINOLOGY 3-C3 Thank you so much Attorney Reyes for this video lecture. These are the summarization of what I've learned in this particular video lecture. JUDGEMENT -It is adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any. It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and is regarded as the sentence of the law pronounced by the court on the action or question before it (Sec 1, Rule120). DIFFERENCE BETWEEN A JUDGMENT AND A RATIO DECIDENDI -A judgment pronounces the disposition of the case while a ratio decidendi provides the basic reason for such determination. FINAL ORDER -It disposes of the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined. REQUISITES OF JUDGEMENT -It must be; 1. Written in official language; 2. Personally and directly prepared, by the judge; 3. Signed by the judge; and 4. Contain clearly and distinctly a statement of the facts and the law upon which it is based (Sec 1, Rule 120) CONTENTS OF JUDGEMENT • The judgment must state: 1. If of conviction a. Legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances mending its commission; b. Participation of the accused whether as principal, accomplice or accessory; MITTIMUS -It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of judgment. ACQUITTAL -A finding of not guilty based on the merits, that is accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt, or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show beyond reasonable doubt that the accused is guilty. REASONABLE DOUBT -The state of the case which, after full consideration of all evidence, leaves the mind of the judge in such a condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. WHEN DOES JUDGMENT BECOME FINAL (FOUR INSTANCES) 1. After the lapse of time for perfecting an appeal 2. When the sentence has been partially or totally satisfied. 3. When the accused has expressly waived in writing his right to appeal. 4. When the accused has applied for probation (Sec. 7, Rule 120).
I learned and understand the topic regarding to rule 120 judgement ,judgement is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability if any. It is a judicial act meaning, it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it. There are the differences between a judgement and ratio decidendi, A judgement pronounces the disposition of the case while a ratio decidendi provides the basic reason for such dtermination. Final order this is subject for implementation or execution. Interlocutory order it is an order of the court and the course of the trial prior to its termination The requisites of a judgement it must be; written in official laguage, Personally and directly prepared by the judge, signed by the judge, and contain clearly and distinctly a statement of the facts and the law upon which it is based.
This is the summary of my learning in this lesson: JUDGEMENT RULE 120 Judgement is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability, if any. It is a judicial act meaning it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it. Difference between a judgment and a ratio decidendi A judgment pronounces the disposition of the case which pertains to the facts in issue while a ratio decidendi provides a basic reason for such determination. It does not resolve the fact in issue, it merely provides for some opinion made by the court. It does not directly resolve the case. A ratio decidendi can be an argument in support of the judgment which is not directly results to the case. Final Order It is finally disposes of the whole subject matter or terminates a particular issue, it does not leave anything to be done but to enforce by execution of what has been determined. This is subject for implementation or execution. Interlocutory order It is an order by the court which does not finally terminate the proceedings but is an order by the court in the course trial prior to its termination. Requisites of Final Judgment It must be (1) written in official language; (2) personally and directly prepared, by the judge; (3) signed by the judge; and (4) contain clearly and distinctly a statement of the facts and the law upon which it is based. Judgment for two or more offenses charged in the complaint or information As a rule, if there is an information, there should be one crime, one crime for every information. Due to some lapses, there are several crimes or offenses that were contained in a single information. If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense. Variance between the offense charged and proved As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. Exceptions 1.When there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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. Promulgation of Judgment This is the reading of the official proclamation or announcement of judgment of the court. This is done by reading in the presence of the accused and any judge of the court which it was rendered or when the judgment is one of conviction for a light offense, in the presence of the defendant's counsel or representative. Authority to Promulgate Judgment As a general rule, the judge who rendered the judgment will have the authority to promulgate the judgment . Exceptions: 1.When the judge is absent or outside the province or city then the judgment may be promulgated by the clerk of court; and 2.If the accused is confined or detained in another city, the judgment may be promulgated by the executive judge or the RTC having jurisdiction over the place of confinement or detention. Mittimus It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of judgment. An order of the court to detain the accused or continuous detention if he was previously committed to prison. Acquittal It is a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty. Reasonable doubt It is the state of the case which, after full consideration of all evidence, leaves the mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not. Entry of judgment This is the recording of judgment or order in the book of entries of judgment shall constitute its entry. It is the record contain the dis positive part of the judgment order and shall be signed by the clerk, with a certificate that such judgment or order has become final. Offenders who are disqualified from probation If the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities. 1. Those to serve a minimum term of imprisonment of more than 6 years; 2. Those charged with subversion or any crime against national security or public order; 3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200.
ESCONDO, REBECCA C. BS CRIMINOLOGY - 3C4 Done watching Sir, Thank you po. I’ve learned in this lecture about Rule 120 are the following: Judgement - Is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability if any. - It is a judicial act meaning it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it. Difference between a judgment and a ratio decidendi - A judgment pronounces the disposition of the case while a ratio decidendi provides a basic reason for such determination. - not resolve the fact in issue , it merely provides for some opinion made by the court, not directly resolve the case. Final Order - this is subject for implementation or execution Interlocutory order - is an order by the court which does not finally terminate the proceedings but is an order by the court in the course trial prior to its termination. Requisites of a judgment 1. It must be written in official language; 2. Personally and directly prepared, by the judge; 3. Signed by the judge; and 4. Contain clearly and distinctly a statement of the facts and the law upon which it is based. Judgment for two or more offenses charged in the complaint or information - If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense. Variance between the offense charged and proved *GR: An accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. *XPNs: Where there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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. Effect of the judgment od conviction upon a minor *GR: The courts shall promulgate the sentence and ascertain and a civil liability which the accused may have incurred the sentence however shall be suspended without the need of application pursuant to PD 603. He will be committed not in jail or BJMP detention facilities but the child in conflict with law will be committed under the care of the DSWD until he reaches the age of 21 or until the court so determines. *XPNs: 1. He enjoyed previous suspension of sentence; 2. Is convicted of a crime punishable by death or life imprisonment; 3. Convicted by a military tribunal; or 4 . Is already of age at the time of the pronouncement of the sentence even if he was a minor at the time of the commission of the crime. Rule if the minor already reached the age of majority upon the promulgation of his sentence - He is no longer entitled to a suspension of sentence and the time spent during the period of his confinement shall be credited to his actual service of sentence. Furthermore, he shall still be entitled to the privilege mitigating circumstance of minority and therefore the penalty will be reduced to one degree lower. Promulgation of Judgment - this is the reading of the official proclamation or announcement of judgment of the court. This is done by reading in the presence of the accused and any judge of the court which it was rendered or when the judgment is one of conviction for a light offense, in the presence of the defendant's counsel or representative. Authority to promulgate judgment *GR: the judge who rendered the judgment will have the authority to promulgate the judgment. *XPNs: When: 1) the judge is absent or outside the province or city then the judgment may be promulgated by the clerk of court and 2) accused is confined or detained in another city, the judgment may be promulgated by the executive judge or the RTC having jurisdiction over the place of confinement or detention. When the accused is absent in promulgation of judgment - The promulgation can be made by (a) recording such judgment in the criminal docket and (b) serving him a copy thereof in his last known address or through his counsel. - If judgment is one of conviction, the accused is absent without justifiable cause, the court shall order his arrest and he shall lose the remedies available in the rules against judgment and his bail shall be forfeited. Instances when judgment may be promulgated even if the accused is not present 1. A judgment of acquittal 2. Judgment is for a light offense, in which case judgment may be promulgated in the presence of the counsel for the accused or a representative. 3. Accused fails to attend the promulgation despite due notice or if he jumped bail to escaped from prison. Notice must be given to the bondsmen, warden accused's bailed and counsel. Rule on modification of judgement - A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final of before appeal is perfected. - Remedy when the judgment fails to award civil liability: 1. Appeal; 2. Certiorari; or 3. Mandamus Mittimus - it is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of judgment. - an order of the court to detain the accused or continuous detention if he was previously committed to prison. Acquittal - a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt - a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty. Reasonable doubt - state of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. When does judgement become final 1. After the lapse of time for perfecting an appeal. 2. When the sentence has been partially or totally satisfied. 3. When the accused has expressly waived in writing his right to appeal. 4. When the accused has applied for probation. Instances when the trial court loses jurisdiction even before lapse of the 15 days period to appeal 1. The defendant voluntarily submits to the execution of the judgment; 2. When the defendant perfects an appeal; 3. Defendant withdraws his appeal; 4. Accused expressly waives in writing his right to appeal; 5. Accused files for probation. Entry of judgment - this is the recording of judgment or order in the book of entries of judgment shall constitute its entry. - it is the record contain the dispositive part of the judgment order and shall be signed by the clerk, with a certificate that such judgment or order has become final.
TULAWE RICO O. BSCRIM-3C1 GOOD DAY, ATTY! Thank you for this lecture series. This is the summary of what I’ve learned during viewing of this particular series. JUDGEMENT- RULE 120 JUDGEMENT- The determination by the court that the accused is guilty or not guilty of the offense charged, as well as the imposition of the appropriate penalty and civil culpability, if any, A judgment is a judicial act, which means it is an act of the court that resolves disputes and establishes the parties' rights and obligations. DIFFERENCE BETWEEN JUDGMENT AND A RATIO DECIDENDI A judgment pronounces disposition of the case while ratio decidendi provides the basic reason for such determination. It does not resolve a fact in issue. It merely provides for some opinion which does not directly resolve a case. FINAL ORDER- It finally disposes of the whole subject matter or terminates a particular issue, it does not leave anything to be done but to enforce by execution of what has been determined. This is subject for implementation or execution. INTERLOCUTORY ORDER -It is issued by the court when the proceeding is not yet terminated because not all matters of the proceedings have been finished. REQUISITES OF A JUDGMENT It must be: 1. Written in the official language 2. Personally and directly prepared, by the judge 3. Signed by the judge: and 4. Contain clearly and distinctly a statement of facts and the law upon which it is based (Sec 1, Rule 120) JUDGEMENT FOR TWO OR MORE OFFENSES CHARGED IN THE COMPLAINT OR INFORMATION As a rule, if there is information there should be one crime for every information. Sometimes due to some lapse, several crimes or offenses were contained in a single information Judgment for two or more offenses charged in the complaint or information As a rule, if there is an information, there should be one crime. One crime for every information. If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense. VARIANCE BETWEEN THE OFFENSE CHARGED AND PROVED As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. Exceptions: 1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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. JUDGMENT FOR TWO OR MORE OFFENSES CHARGED IN THE COMPLAINT OR INFORMATION As a rule, if there is an information, there should be one crime. One crime for every information. If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense. VARIANCE BETWEEN THE OFFENSE CHARGED AND PROVED As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. Exceptions: 1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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. Rule if the minor already reached the age of majority upon the promulgation of his sentence He is no longer entitled to the suspension of the sentence. However, the time he spent during the period of his confinement shall be credited to his actual service of sentence. PROMULGATION OF JUDGEMENT- it is the official proclamation or announcement of judgement. (Sec 6, Rule 120) AUTHORITY TO PROMULGATE JUDGEMENT GRN; The judge of the court who renders the judgement. XPN; 1. The judge is absent or outside the province of city. Judgement maybe promulgated by the clerk of court. 2. Accused id detained or confined in another city. The judgement maybe promulgated by the executive judge of the RTC having jurisdiction over the place of confinement or detention. MITTIMUS-It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused following the terms of judgment. Order of the court to detain the accused if he is previously committed to prison. ACQUITTAL- a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond a reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty. REASONABLE DOUBT- State of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not. Offenders who are disqualified from probation ENTRY OF JUDGEMENT- Is the recording of the judgement or order in a book of entries of the judgement shall constitute to its entry. If the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities. 1. Those to serve a minimum term of imprisonment of more than 6 years; 2. Those charged with subversion or any crime against national security or public order; 3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200. 4. Those who have been in pardon 5. Those who are already serving sentence at the time of probation law of 1976 became applicable.
Rivera, Kayceline B. 3C3 Good day sir. Thank you for this video recorded lecture, this is the summary of what I've learned from this discussion: JUDGEMENT RULE 120 Judgement is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability, if any. It is a judicial act meaning it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it. Also, judgment pronounces the disposition of the case while a ratio decidendi provides the basic reason for such determination. The final order will disposes the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined. Interlocutory order is the issued by the court when the proceeding is not yet terminated because not all matters of the proceedings have been finished. Requisites of Final Judgment: 1. It must be written in official language; 2. Personally and directly prepared, by the judge; 3. Signed by the judge; and 4. It contains a clearly and distinctly statement of the facts and the law upon which it is based. As a general rule, if there is an information, there should be one crime, one crime for every information. Due to some lapses, there are several crimes or offenses that were contained in a single information. However, I If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense. When it come to variance between the offense charged and proved As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. However, there's an exception to that rule and that is if there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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. The promulgation of judgment is done by reading in the presence of the accused and any judge of the court which it was rendered or when the judgment is one of conviction for a light offense, in the presence of the defendant's counsel or representative. Authority to Promulgate Judgment According to the general rule, the judge who rendered the judgment will have the authority to promulgate the judgment Exceptions to the rule: 1.When the judge is absent or outside the province or city then the judgment may be promulgated by the clerk of court; and 2.If the accused is confined or detained in another city, the judgment may be promulgated by the executive judge or the RTC having jurisdiction over the place of confinement or detention. Mittimus is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of judgment. An order of the court to detain the accused or continuous detention if he was previously committed to prison. Acquittal is a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty. Reasonable doubt is the state of the case which, after full consideration of all evidence, leaves the mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not. The entry of judgment contains record that dis positive part of the judgment order and shall be signed by the clerk, with a certificate that such judgment or order has become final. When it come to the offenders who are disqualified from probation, if the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities. 1. Those to serve a minimum term of imprisonment of more than 6 years; 2. Those charged with subversion or any crime against national security or public order; 3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200.
rule 120 judgment is the arbitration by the court that the blamed is blameworthy or not liable for the offense charge and that the court will similarly force the appropriate punishment and save an obligation if any judgment is a legal demonstration meaning it is a demonstration from the court which settles the issue fixes the rights and liabilities of the gatherings and is viewed as the sentence of the law articulated by the court on the activity or question before it now what is the contrast between a judgment and a proportion chose ordinarily class you will actually want to peruse some court choices and not every last bit of it will frame part of judgment some of it will be a simple russia chose a judgment articulates the aura of the case it relates to current realities in issue while arasho desidendi gives a fundamental motivation to such determin assurance a russia concluded class doesn't resolve the reality and issue it only accommodates some assessment made by the court no it doesn't straightforwardly resolve the case what straightforwardly settle the case is the judgment a russia disidenti can be a contention on the side of the judgment which isn't straightforwardly identified with the reality in issue so what is a last request when you say last request it at last arranges the entire topic or it ends a specific issue no it doesn't pass on anything to be done however to authorize by execution of what not set in stone so when you say last request this is subject for execution or execution then again an interlocutory request is a request by the court which doesn't at last end the procedures no yet is a request by the court over the span of the preliminary preceding its end so what are the essentials of a judgment a judgment should be written in the authority language it should be by and by and straightforwardly ready by the adjudicator it should be endorsed by the adjudicator and finally it should contain unmistakably and particularly an explanation of current realities and the law whereupon it is based so the judgment should contain the accompanying assuming the denounced is indicted, the lawful capability of the offense comprised by the demonstrations perpetrated by the blamed and the disturbing or moderating conditions forthcoming or going to its bonus the cooperation of the charged whether as head assistant or frill the punishment forced upon the denounced and the common risk or harms brought about by the unfair demonstration or exclusion except if a different common activity has been saved or deferred in the event that the charged is cleared, the judgment should contain whether the proof of the arraignment totally neglected to demonstrate the young people of the denounced or only neglected to demonstrate his blame without question alright so and regardless the judgment will decide whether the application or oversight from which debilitated responsibility may emerge didn't exist so there are two sorts of vindication truly class an exoneration can be founded on sensible uncertainty in which case on the off chance that the quittance depends on sensible uncertainty, there can in any case be affable obligation emerging from the wrongdoing the kind of quittance which won't permit an award of common responsibility or harms emerging from the wrongdoing is the point at which the court articulates that the arraignment totally neglected to demonstrate the blame of the charged or that the demonstration or oversight from which the common obligation may emerge didn't exist OK now imagine a scenario where there are at least two offenses charged in the data and that the denounced got indicted now as an in light of the fact that when in doubt class in case there is a data there ought to be one wrongdoing nobody wrongdoing for each data except for it happens class some of the time that because of some slip by there are a few a few violations or offenses that were contained in a solitary data so what occurs in the event that that at least two um offenses were contained in a data now so if the charged is sentenced in a procedure where the data contains at least two offenses then the court might convict him of however many offenses as are charged improved and forced on him the punishment on every offense now consider the possibility that the offense charge is not the same as that which is demonstrated so for instance the wrongdoing charge is um burglary yet throughout the preliminary the declaration had set up of the uh had the wrongdoing of theft so there is a change or there is a distinction between the offense charge and offense verification so when in doubt a blamed can be sentenced for an offense just when it is both charged and confirmation so in case it isn't charged or supported or on the other hand in case it is notprove despite the fact that charge the charged can't be sentenced thereof there is an exemption one no when there is a difference between the offense charge in the protest or data and not demonstrate and the offense as charge is remembered for or is fundamentally remembered for the offense verification then the blamed will be sentenced for the offense demonstrated which is remembered for the offense charge or of the offense charge which is remembered for the offense demonstrated so what do we mean by this for instance class the wrongdoing of homicide and manslaughter if the wrongdoing charge is crime endless supply of endless supply of proof the wrongdoing demonstrated by the declaration and the narrative and item proof is that of crime rather than murder the wrongdoing charges murder and the wrongdoing demonstrated is crime in light of the fact that for instance there is a shortfall of a passing situation there is no foul play there is no utilization of permit guns and so on and so on so can the blamed charge for homicide be sentenced for the crimeof manslaughter as that demonstrated during preliminary.
LANDICHO, NEIL M. 3C2 THANK YOU SIR FOR THIS VIDEO LECTURE. RULE 120 JUDGEMENT Judgement 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. Difference between judgment and a ratio decidendi: A judgement pronounces disposition of the case whole ratio decidendi provides the basic reason for such determination. It does not resolve a fact in issue. It merely provides for some opinion which does not directly resolve a case. FINAL ORDER It disposes of the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined. It does not leave anything to be done. It is subject to implementation. INTERLOCUTORY ORDER It is issued by the court when the proceeding is not yet terminated because not all matters of the proceedings have been finished. Requisites of a judgment It must be: 1.Written in the official language 2.Personally and directly prepared, by the judge 3.Signed by the judge: and 4.Contain clearly and distinctly a statement of facts and the law upon which it is based (Sec 1, Rule 120) Judgement for two or more offenses charged in the complaint or information As a rule, if there is information there should be one crime for every information. Sometimes due to some lapse, several crimes or offenses were contained in a single information Effect of the judgment of conviction upon minor Exception: There is no such suspension of a sentence when such minor offender: 1.Has enjoyed the previous suspension of sentence 2.Is convicted of a crime punishable by death or life imprisonment 3.Is convicted by the military tribunal; or 4.Is already of age at the time of sentencing even if he was a minor at the time of the commission of the crime Rule if the minor already reached the age of majority upon the promulgation of his sentence He is no longer entitled to the suspension of the sentence. However, the time he spent during the period of his confinement shall be credited to his actual service of sentence. MITTIMUS It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused following the terms of judgment. Order of the court to detain the accused if he is previously committed to prison. AQUITTAL a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond a reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty. REASONABLE DOUBT State of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not. When does judgment become final 1. After the lapse of time for perfecting an appeal. 2. When the sentence has been partially or totally satisfied. 3. When the accused has expressed waived in writing his right to appeal. 4. When the accused has applied for probation. (If the accused applied for probation then he will be necessarily accepting the judgment of the court)
UMALI, ANGELICA JANE M. 3C2 The summary of what I’ve learned in: RULE 120 JUDGEMENT -it is adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any. -it is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and is regarded as the sentence of the law pronounced by the court on the action or question before (sec 1. Rule 120) Difference between judgment and a ration decidendi -a judgment pronounces the disposition of the case while a ratio decidendi provides the basic reason for such determination Final order -it disposes of the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined. Interlocutory order -it is issued by the court when the processing is not yet terminated because not all matters of the proceedings have been finished. Requisites of a judgment It must be; 1. Written on official language 2. Personally and directly prepared, by the judge 3. Signed by the judge, and 4. Contain clearly and distinctly a statement of the facts and the law upon which it is based (sec 1 rule 120) Judgment for two or more offenses charged in the complaint or information -when two or more offenses are charged in single complaint or information but the accused fails to object to it before trial, the court may convict him as many offenses as are charged and proved, and impose on him the penalty of each offense, setting out separately the findings of the fact and law in each offense (sec 3. Rule 120). Promulgation of judgment -Official proclamation or announcement of judgment. -Promulgated by reading it in the presence of the accused and any judge of the court which it was rendered. Instances when judgment may be promulgated even if the accused is not present 1. A judgment of acquittal 2. Judgment for light offense, in which case judgment may be promulgated in the presence of the counsel for the accused or a representative. 3. Accused fails to attend the promulgation despite due notice. Rule on modification -a judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected (sec 7. Rule 120) Remedy when the judgment fails to award civil liability 1. Appeal 2. Certiorari, or 3. Mandamus Mittimus -process issued by the court after conviction to carry out the final judgment. Acquittal -a finding of not guilty based on the merits, that is accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt. Reasonable doubt -the state of the case which, after full consideration of all evidence, leaves the mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. Entry of judgment -the recording of the judgment or order in the book of entries of judgments shall constitute its entry. -The record contain the dispositive part of the judgment order shall be signed by the clerk, with a certificate that such judgment or order has become final. Offenders who are disqualified from probation 1. Those sentenced to serve a maximum term of imprisonment of more than 6 years. 2. Those charge with subversion or any crime against national security or public order. 3. Those previously convicted by fin judgment of an offense punished by imprisonment not less than one month and one fay or a fine not less than two hundred pesos. 4. Those who have been once on pardon. 5. Those who are already serving sentence at the time the Probation Law of 1976 became applicable (sec 9, PD 968 as amended).
BOOL, HAZEL D. 3C2 GOOD DAY, ATTY! Thank you for this video lecture. SUMMARY JUDGEMENT UNDER RULE 120 The determination by the court that the accused is guilty or not guilty of the offense charged, as well as the imposition of the appropriate penalty and civil culpability, if any, is known as a judgment. A judgment is a judicial act, which means it is an act of the court that resolves disputes and establishes the parties' rights and obligations. Difference between judgment and a ratio decidendi A judgment pronounces disposition of the case whole ratio decidendi provides the basic reason for such determination. It does not resolve a fact in issue. It merely provides for some opinion which does not directly resolve a case. Final Order It finally disposes of the whole subject matter or terminates a particular issue, it does not leave anything to be done but to enforce by execution of what has been determined. This is subject for implementation or execution Interlocutory Order It is issued by the court when the proceeding is not yet terminated because not all matters of the proceedings have been finished. Requisites of a judgment It must be: 1. Written in the official language 2. Personally and directly prepared, by the judge 3. Signed by the judge: and 4. Contain clearly and distinctly a statement of facts and the law upon which it is based (Sec 1, Rule 120) Judgement for two or more offenses charged in the complaint or information As a rule, if there is information there should be one crime for every information. Sometimes due to some lapse, several crimes or offenses were contained in a single information Judgment for two or more offenses charged in the complaint or information As a rule, if there is an information, there should be one crime. One crime for every information. If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense. Variance between the offense charged and proved As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. Exceptions: 1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then the accused shall be convicted of the offense proved which is includednin the offense charged or of the offense charged which is included in the offense proved. Judgment for two or more offenses charged in the complaint or information As a rule, if there is an information, there should be one crime. One crime for every information. If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense. Variance between the offense charged and proved As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. Exceptions: 1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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. Rule if the minor already reached the age of majority upon the promulgation of his sentence He is no longer entitled to the suspension of the sentence. However, the time he spent during the period of his confinement shall be credited to his actual service of sentence. Mittimus It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused following the terms of judgment. Order of the court to detain the accused if he is previously committed to prison. Acquittal a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond a reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty. Reasonable doubt State of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not. Offenders who are disqualified from probation If the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities. 1. Those to serve a minimum term of imprisonment of more than 6 years; 2. Those charged with subversion or any crime against national security or public order; 3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200.
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Maraming salamat po, Atty. Your videos are very helpful, substantive and clear. Hope you can share more. May God bless you and reward you for your kindness and generosity to share even to your non- students, if i may say.
Thank you Atty. super helpful talaga ng lectures nyo. May God Bless you always.
BARWEL, ANGELO V.
LSPU-SPCC BS CRIMINOLOGY 3-C3
Thank you so much Attorney Reyes for this video lecture. These are the summarization of what I've learned in this particular video lecture.
JUDGEMENT
-It is adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any. It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and is regarded as the sentence of the law pronounced by the court on the action or question before it (Sec 1, Rule120).
DIFFERENCE BETWEEN A JUDGMENT AND A RATIO
DECIDENDI
-A judgment pronounces the disposition of the case while a ratio decidendi provides the basic reason for such determination.
FINAL ORDER
-It disposes of the whole subject matter or
terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined.
REQUISITES OF JUDGEMENT
-It must be;
1. Written in official language;
2. Personally and directly prepared, by the judge;
3. Signed by the judge; and
4. Contain clearly and distinctly a statement of the facts
and the law upon which it is based (Sec 1, Rule 120)
CONTENTS OF JUDGEMENT
• The judgment must state:
1. If of conviction
a. Legal qualification of the offense constituted by the acts
committed by the accused, and the aggravating or mitigating
circumstances mending its commission;
b. Participation of the accused whether as principal, accomplice
or accessory;
MITTIMUS
-It is a process issued by the court after
conviction to carry out the final judgment, such as commanding a prison warden to hold the
accused in accordance with the terms of judgment.
ACQUITTAL
-A finding of not guilty based on the merits, that is
accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt, or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show beyond reasonable doubt that the accused is guilty.
REASONABLE DOUBT
-The state of the case which, after full consideration of all evidence, leaves the mind of the judge in such a condition that he cannot say
that he feels an abiding conviction to a moral
certainty of the truth of the charge.
WHEN DOES JUDGMENT BECOME FINAL (FOUR
INSTANCES)
1. After the lapse of time for perfecting an appeal
2. When the sentence has been partially or totally satisfied.
3. When the accused has expressly waived in writing his right to appeal.
4. When the accused has applied for probation (Sec. 7, Rule 120).
I learned and understand the topic regarding to rule 120 judgement ,judgement is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability if any. It is a judicial act meaning, it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it. There are the differences between a judgement and ratio decidendi, A judgement pronounces the disposition of the case while a ratio decidendi provides the basic reason for such dtermination.
Final order this is subject for implementation or execution.
Interlocutory order it is an order of the court and the course of the trial prior to its termination
The requisites of a judgement it must be; written in official laguage, Personally and directly prepared by the judge, signed by the judge, and contain clearly and distinctly a statement of the facts and the law upon which it is based.
This is the summary of my learning in this lesson:
JUDGEMENT RULE 120
Judgement is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability, if any. It is a judicial act meaning it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it.
Difference between a judgment and a ratio decidendi
A judgment pronounces the disposition of the case which pertains to the facts in issue while a ratio decidendi provides a basic reason for such determination. It does not resolve the fact in issue, it merely provides for some opinion made by the court. It does not directly resolve the case. A ratio decidendi can be an argument in support of the judgment which is not directly results to the case.
Final Order
It is finally disposes of the whole subject matter or terminates a particular issue, it does not leave anything to be done but to enforce by execution of what has been determined. This is subject for implementation or execution.
Interlocutory order
It is an order by the court which does not finally terminate the proceedings but is an order by the court in the course trial prior to its termination.
Requisites of Final Judgment
It must be (1) written in official language; (2) personally and directly prepared, by the judge; (3) signed by the judge; and (4) contain clearly and distinctly a statement of the facts and the law upon which it is based.
Judgment for two or more offenses charged in the complaint or information
As a rule, if there is an information, there should be one crime, one crime for every information.
Due to some lapses, there are several crimes or offenses that were contained in a single information.
If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense.
Variance between the offense charged and proved
As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof.
Exceptions
1.When there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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.
Promulgation of Judgment
This is the reading of the official proclamation or announcement of judgment of the court. This is done by reading in the presence of the accused and any judge of the court which it was rendered or when the judgment is one of conviction for a light offense, in the presence of the defendant's counsel or representative.
Authority to Promulgate Judgment
As a general rule, the judge who rendered the judgment will have the authority to promulgate the judgment
.
Exceptions:
1.When the judge is absent or outside the province or city then the judgment may be promulgated by the clerk of court; and
2.If the accused is confined or detained in another city, the judgment may be promulgated by the executive judge or the RTC having jurisdiction over the place of confinement or detention.
Mittimus
It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of judgment. An order of the court to detain the accused or continuous detention if he was previously committed to prison.
Acquittal
It is a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty.
Reasonable doubt
It is the state of the case which, after full consideration of all evidence, leaves the mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not.
Entry of judgment
This is the recording of judgment or order in the book of entries of judgment shall constitute its entry. It is the record contain the dis positive part of the judgment order and shall be signed by the clerk, with a certificate that such judgment or order has become final.
Offenders who are disqualified from probation
If the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities.
1. Those to serve a minimum term of imprisonment of more than 6 years;
2. Those charged with subversion or any crime against national security or public order;
3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200.
Salamat eto pa naman report ko ngayon.
ESCONDO, REBECCA C.
BS CRIMINOLOGY - 3C4
Done watching Sir, Thank you po. I’ve learned in this lecture about Rule 120 are the following:
Judgement
- Is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability if any.
- It is a judicial act meaning it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it.
Difference between a judgment and a ratio decidendi
- A judgment pronounces the disposition of the case while a ratio decidendi provides a basic reason for such determination.
- not resolve the fact in issue , it merely provides for some opinion made by the court, not directly resolve the case.
Final Order
- this is subject for implementation or execution
Interlocutory order
- is an order by the court which does not finally terminate the proceedings but is an order by the court in the course trial prior to its termination.
Requisites of a judgment
1. It must be written in official language;
2. Personally and directly prepared, by the judge;
3. Signed by the judge; and
4. Contain clearly and distinctly a statement of the facts and the law upon which it is based.
Judgment for two or more offenses charged in the complaint or information
- If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense.
Variance between the offense charged and proved
*GR: An accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof.
*XPNs: Where there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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.
Effect of the judgment od conviction upon a minor
*GR: The courts shall promulgate the sentence and ascertain and a civil liability which the accused may have incurred the sentence however shall be suspended without the need of application pursuant to PD 603. He will be committed not in jail or BJMP detention facilities but the child in conflict with law will be committed under the care of the DSWD until he reaches the age of 21 or until the court so determines.
*XPNs:
1. He enjoyed previous suspension of sentence;
2. Is convicted of a crime punishable by death or life imprisonment;
3. Convicted by a military tribunal; or
4 . Is already of age at the time of the pronouncement of the sentence even if he was a minor at the time of the commission of the crime.
Rule if the minor already reached the age of majority upon the promulgation of his sentence
- He is no longer entitled to a suspension of sentence and the time spent during the period of his confinement shall be credited to his actual service of sentence. Furthermore, he shall still be entitled to the privilege mitigating circumstance of minority and therefore the penalty will be reduced to one degree lower.
Promulgation of Judgment
- this is the reading of the official proclamation or announcement of judgment of the court. This is done by reading in the presence of the accused and any judge of the court which it was rendered or when the judgment is one of conviction for a light offense, in the presence of the defendant's counsel or representative.
Authority to promulgate judgment
*GR: the judge who rendered the judgment will have the authority to promulgate the judgment.
*XPNs: When:
1) the judge is absent or outside the province or city then the judgment may be promulgated by the clerk of court and
2) accused is confined or detained in another city, the judgment may be promulgated by the executive judge or the RTC having jurisdiction over the place of confinement or detention.
When the accused is absent in promulgation of judgment
- The promulgation can be made by (a) recording such judgment in the criminal docket and (b) serving him a copy thereof in his last known address or through his counsel.
- If judgment is one of conviction, the accused is absent without justifiable cause, the court shall order his arrest and he shall lose the remedies available in the rules against judgment and his bail shall be forfeited.
Instances when judgment may be promulgated even if the accused is not present
1. A judgment of acquittal
2. Judgment is for a light offense, in which case judgment may be promulgated in the presence of the counsel for the accused or a representative.
3. Accused fails to attend the promulgation despite due notice or if he jumped bail to escaped from prison. Notice must be given to the bondsmen, warden accused's bailed and counsel.
Rule on modification of judgement
- A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final of before appeal is perfected.
- Remedy when the judgment fails to award civil liability:
1. Appeal;
2. Certiorari; or
3. Mandamus
Mittimus
- it is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of judgment.
- an order of the court to detain the accused or continuous detention if he was previously committed to prison.
Acquittal
- a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt - a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty.
Reasonable doubt
- state of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge.
When does judgement become final
1. After the lapse of time for perfecting an appeal.
2. When the sentence has been partially or totally satisfied.
3. When the accused has expressly waived in writing his right to appeal.
4. When the accused has applied for probation.
Instances when the trial court loses jurisdiction even before lapse of the 15 days period to appeal
1. The defendant voluntarily submits to the execution of the judgment;
2. When the defendant perfects an appeal;
3. Defendant withdraws his appeal;
4. Accused expressly waives in writing his right to appeal;
5. Accused files for probation.
Entry of judgment
- this is the recording of judgment or order in the book of entries of judgment shall constitute its entry.
- it is the record contain the dispositive part of the judgment order and shall be signed by the clerk, with a certificate that such judgment or order has become final.
TULAWE RICO O. BSCRIM-3C1
GOOD DAY, ATTY!
Thank you for this lecture series. This is the summary of what I’ve learned during viewing of this particular series.
JUDGEMENT- RULE 120
JUDGEMENT- The determination by the court that the accused is guilty or not guilty of the offense charged, as well as the imposition of the appropriate penalty and civil culpability, if any,
A judgment is a judicial act, which means it is an act of the court that resolves disputes and establishes the parties' rights and obligations.
DIFFERENCE BETWEEN JUDGMENT AND A RATIO DECIDENDI
A judgment pronounces disposition of the case while ratio decidendi provides the basic reason for such determination. It does not resolve a fact in issue. It merely provides for some opinion which does not directly resolve a case.
FINAL ORDER- It finally disposes of the whole subject matter or terminates a particular issue, it does not leave anything to be done but to enforce by execution of what has been determined.
This is subject for implementation or execution.
INTERLOCUTORY ORDER -It is issued by the court when the proceeding is not yet terminated because not all matters of the proceedings have been finished.
REQUISITES OF A JUDGMENT
It must be:
1. Written in the official language
2. Personally and directly prepared, by the judge
3. Signed by the judge: and
4. Contain clearly and distinctly a statement of facts and the law upon which it is based (Sec 1, Rule 120)
JUDGEMENT FOR TWO OR MORE OFFENSES CHARGED IN THE COMPLAINT OR INFORMATION
As a rule, if there is information there should be one crime for every information. Sometimes due to some lapse, several crimes or offenses were contained in a single information Judgment for two or more offenses charged in the complaint or information
As a rule, if there is an information, there should be one crime. One crime for every information.
If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense.
VARIANCE BETWEEN THE OFFENSE CHARGED AND PROVED
As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof.
Exceptions:
1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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.
JUDGMENT FOR TWO OR MORE OFFENSES CHARGED IN THE COMPLAINT OR INFORMATION
As a rule, if there is an information, there should be one crime. One crime for every information. If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense.
VARIANCE BETWEEN THE OFFENSE CHARGED AND PROVED
As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof.
Exceptions:
1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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.
Rule if the minor already reached the age of majority upon the promulgation of his sentence
He is no longer entitled to the suspension of the sentence.
However, the time he spent during the period of his confinement shall be credited to his actual service of sentence.
PROMULGATION OF JUDGEMENT- it is the official proclamation or announcement of judgement. (Sec 6, Rule 120)
AUTHORITY TO PROMULGATE JUDGEMENT
GRN; The judge of the court who renders the judgement.
XPN;
1. The judge is absent or outside the province of city. Judgement maybe promulgated by the clerk of court.
2. Accused id detained or confined in another city. The judgement maybe promulgated by the executive judge of the RTC having jurisdiction over the place of confinement or detention.
MITTIMUS-It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused following the terms of judgment. Order of the court to detain the accused if he is previously committed to prison.
ACQUITTAL- a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond a reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty.
REASONABLE DOUBT- State of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not. Offenders who are disqualified from probation
ENTRY OF JUDGEMENT- Is the recording of the judgement or order in a book of entries of the judgement shall constitute to its entry.
If the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities.
1. Those to serve a minimum term of imprisonment of more than 6 years;
2. Those charged with subversion or any crime against national security or public order;
3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200.
4. Those who have been in pardon
5. Those who are already serving sentence at the time of probation law of 1976 became applicable.
Rivera, Kayceline B.
3C3
Good day sir. Thank you for this video recorded lecture, this is the summary of what I've learned from this discussion:
JUDGEMENT RULE 120
Judgement is the adjudication by the court that the accused is guilty or not guilty of the offense charged and that the court will likewise imposed the proper penalty and civil liability, if any. It is a judicial act meaning it is an act from the court which settles the issue, fixes the rights and liabilities of the parties and is regarded as the sentence of the law pronounced by the Court on the action or question before it.
Also, judgment pronounces the disposition of the case while a ratio decidendi provides the basic reason for such determination.
The final order will disposes the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined.
Interlocutory order is the issued by the court when the proceeding is not yet terminated
because not all matters of the proceedings
have been finished.
Requisites of Final Judgment:
1. It must be written in official language;
2. Personally and directly prepared, by the judge;
3. Signed by the judge; and
4. It contains a clearly and distinctly statement of the facts and the law upon which it is based.
As a general rule, if there is an information, there should be one crime, one crime for every information. Due to some lapses, there are several crimes or offenses that were contained in a single information. However, I
If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense.
When it come to variance between the offense charged and proved
As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof. However, there's an exception to that rule and that is if there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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.
The promulgation of judgment is done by reading in the presence of the accused and any judge of the court which it was rendered or when the judgment is one of conviction for a light offense, in the presence of the defendant's counsel or representative.
Authority to Promulgate Judgment
According to the general rule, the judge who rendered the judgment will have the authority to promulgate the judgment
Exceptions to the rule:
1.When the judge is absent or outside the province or city then the judgment may be promulgated by the clerk of court; and
2.If the accused is confined or detained in another city, the judgment may be promulgated by the executive judge or the RTC having jurisdiction over the place of confinement or detention.
Mittimus is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused in accordance with the terms of judgment. An order of the court to detain the accused or continuous detention if he was previously committed to prison.
Acquittal is a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty.
Reasonable doubt is the state of the case which, after full consideration of all evidence, leaves the mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not.
The entry of judgment contains record that dis positive part of the judgment order and shall be signed by the clerk, with a certificate that such judgment or order has become final.
When it come to the offenders who are disqualified from probation, if the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities.
1. Those to serve a minimum term of imprisonment of more than 6 years;
2. Those charged with subversion or any crime against national security or public order;
3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200.
Fernandez Carl John 3C3
thank you sir this is my summary of what I learned
rule 120 judgment is the arbitration by the court that the blamed is blameworthy or not liable for the offense charge and that the court will similarly force the appropriate punishment and save an obligation if any judgment is a legal demonstration meaning it is a demonstration from the court which settles the issue fixes the rights and liabilities of the gatherings and is viewed as the sentence of the law articulated by the court on the activity or question before it now what is the contrast between a judgment and a proportion chose ordinarily class you will actually want to peruse some court choices and not every last bit of it will frame part of judgment some of it will be a simple russia chose a judgment articulates the aura of the case it relates to current realities in issue while arasho desidendi gives a fundamental motivation to such determin assurance a russia concluded class doesn't resolve the reality and issue it only accommodates some assessment made by the court no it doesn't straightforwardly resolve the case what straightforwardly settle the case is the judgment a russia disidenti can be a contention on the side of the judgment which isn't straightforwardly identified with the reality in issue so what is a last request when you say last request it at last arranges the entire topic or it ends a specific issue no it doesn't pass on anything to be done however to authorize by execution of what not set in stone so when you say last request this is subject for execution or execution then again an interlocutory request is a request by the court which doesn't at last end the procedures no yet is a request by the court over the span of the preliminary preceding its end so what are the essentials of a judgment a judgment should be written in the authority language it should be by and by and straightforwardly ready by the adjudicator it should be endorsed by the adjudicator and finally it should contain unmistakably and particularly an explanation of current realities and the law whereupon it is based so the judgment should contain the accompanying assuming the denounced is indicted, the lawful capability of the offense comprised by the demonstrations perpetrated by the blamed and the disturbing or moderating conditions forthcoming or going to its bonus the cooperation of the charged whether as head assistant or frill the punishment forced upon the denounced and the common risk or harms brought about by the unfair demonstration or exclusion except if a different common activity has been saved or deferred in the event that the charged is cleared, the judgment should contain whether the proof of the arraignment totally neglected to demonstrate the young people of the denounced or only neglected to demonstrate his blame without question alright so and regardless the judgment will decide whether the application or oversight from which debilitated responsibility may emerge didn't exist so there are two sorts of vindication truly class an exoneration can be founded on sensible uncertainty in which case on the off chance that the quittance depends on sensible uncertainty, there can in any case be affable obligation emerging from the wrongdoing the kind of quittance which won't permit an award of common responsibility or harms emerging from the wrongdoing is the point at which the court articulates that the arraignment totally neglected to demonstrate the blame of the charged or that the demonstration or oversight from which the common obligation may emerge didn't exist OK now imagine a scenario where there are at least two offenses charged in the data and that the denounced got indicted now as an in light of the fact that when in doubt class in case there is a data there ought to be one wrongdoing nobody wrongdoing for each data except for it happens class some of the time that because of some slip by there are a few a few violations or offenses that were contained in a solitary data so what occurs in the event that that at least two um offenses were contained in a data now so if the charged is sentenced in a procedure where the data contains at least two offenses then the court might convict him of however many offenses as are charged improved and forced on him the punishment on every offense now consider the possibility that the offense charge is not the same as that which is demonstrated so for instance the wrongdoing charge is um burglary yet throughout the preliminary the declaration had set up of the uh had the wrongdoing of theft so there is a change or there is a distinction between the offense charge and offense verification so when in doubt a blamed can be sentenced for an offense just when it is both charged and confirmation so in case it isn't charged or supported or on the other hand in case it is notprove despite the fact that charge the charged can't be sentenced thereof there is an exemption one no when there is a difference between the offense charge in the protest or data and not demonstrate and the offense as charge is remembered for or is fundamentally remembered for the offense verification then the blamed will be sentenced for the offense demonstrated which is remembered for the offense charge or of the offense charge which is remembered for the offense demonstrated so what do we mean by this for instance class the wrongdoing of homicide and manslaughter if the wrongdoing charge is crime endless supply of endless supply of proof the wrongdoing demonstrated by the declaration and the narrative and item proof is that of crime rather than murder the wrongdoing charges murder and the wrongdoing demonstrated is crime in light of the fact that for instance there is a shortfall of a passing situation there is no foul play there is no utilization of permit guns and so on and so on so can the blamed charge for homicide be sentenced for the crimeof manslaughter as that demonstrated during preliminary.
LANDICHO, NEIL M.
3C2
THANK YOU SIR FOR THIS VIDEO LECTURE.
RULE 120 JUDGEMENT
Judgement 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.
Difference between judgment and a ratio decidendi:
A judgement pronounces disposition of the case whole ratio decidendi provides the basic reason for such determination. It does not resolve a fact in issue. It merely provides for some opinion which does not directly resolve a case.
FINAL ORDER
It disposes of the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined. It does not leave anything to be done. It is subject to implementation.
INTERLOCUTORY ORDER
It is issued by the court when the proceeding is not yet terminated because not all matters of the proceedings have been finished.
Requisites of a judgment
It must be:
1.Written in the official language
2.Personally and directly prepared, by the judge
3.Signed by the judge: and
4.Contain clearly and distinctly a statement of facts and the law upon which it is based (Sec 1, Rule 120)
Judgement for two or more offenses charged in the complaint or information
As a rule, if there is information there should be one crime for every information. Sometimes due to some lapse, several crimes or offenses were contained in a single information
Effect of the judgment of conviction upon minor
Exception: There is no such suspension of a sentence when such minor offender:
1.Has enjoyed the previous suspension of sentence
2.Is convicted of a crime punishable by death or life imprisonment
3.Is convicted by the military tribunal; or
4.Is already of age at the time of sentencing even if he was a minor at the time of the commission of the crime
Rule if the minor already reached the age of majority upon the promulgation of his sentence
He is no longer entitled to the suspension of the sentence. However, the time he spent during the period of his confinement shall be credited to his actual service of sentence.
MITTIMUS
It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused following the terms of judgment. Order of the court to detain the accused if he is previously committed to prison.
AQUITTAL
a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond a reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty.
REASONABLE DOUBT
State of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not.
When does judgment become final
1. After the lapse of time for perfecting an appeal.
2. When the sentence has been partially or totally satisfied.
3. When the accused has expressed waived in writing his right to appeal.
4. When the accused has applied for probation. (If the accused applied for probation then he will be necessarily accepting the judgment of the court)
UMALI, ANGELICA JANE M.
3C2
The summary of what I’ve learned in:
RULE 120
JUDGEMENT
-it is adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any.
-it is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and is regarded as the sentence of the law pronounced by the court on the action or question before (sec 1. Rule 120)
Difference between judgment and a ration decidendi
-a judgment pronounces the disposition of the case while a ratio decidendi provides the basic reason for such determination
Final order
-it disposes of the whole subject matter or terminates a particular issue leaving nothing to be done but to enforce by execution what has been determined.
Interlocutory order
-it is issued by the court when the processing is not yet terminated because not all matters of the proceedings have been finished.
Requisites of a judgment
It must be;
1. Written on official language
2. Personally and directly prepared, by the judge
3. Signed by the judge, and
4. Contain clearly and distinctly a statement of the facts and the law upon which it is based (sec 1 rule 120)
Judgment for two or more offenses charged in the complaint or information
-when two or more offenses are charged in single complaint or information but the accused fails to object to it before trial, the court may convict him as many offenses as are charged and proved, and impose on him the penalty of each offense, setting out separately the findings of the fact and law in each offense (sec 3. Rule 120).
Promulgation of judgment
-Official proclamation or announcement of judgment.
-Promulgated by reading it in the presence of the accused and any judge of the court which it was rendered.
Instances when judgment may be promulgated even if the accused is not present
1. A judgment of acquittal
2. Judgment for light offense, in which case judgment may be promulgated in the presence of the counsel for the accused or a representative.
3. Accused fails to attend the promulgation despite due notice.
Rule on modification
-a judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected (sec 7. Rule 120)
Remedy when the judgment fails to award civil liability
1. Appeal
2. Certiorari, or
3. Mandamus
Mittimus
-process issued by the court after conviction to carry out the final judgment.
Acquittal
-a finding of not guilty based on the merits, that is accused is acquitted because the evidence does not show his guilt is beyond reasonable doubt.
Reasonable doubt
-the state of the case which, after full consideration of all evidence, leaves the mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge.
Entry of judgment
-the recording of the judgment or order in the book of entries of judgments shall constitute its entry.
-The record contain the dispositive part of the judgment order shall be signed by the clerk, with a certificate that such judgment or order has become final.
Offenders who are disqualified from probation
1. Those sentenced to serve a maximum term of imprisonment of more than 6 years.
2. Those charge with subversion or any crime against national security or public order.
3. Those previously convicted by fin judgment of an offense punished by imprisonment not less than one month and one fay or a fine not less than two hundred pesos.
4. Those who have been once on pardon.
5. Those who are already serving sentence at the time the Probation Law of 1976 became applicable (sec 9, PD 968 as amended).
BOOL, HAZEL D. 3C2
GOOD DAY, ATTY! Thank you for this video lecture.
SUMMARY
JUDGEMENT UNDER RULE 120
The determination by the court that the accused is guilty or not guilty of the offense charged, as well as the imposition of the appropriate penalty and civil culpability, if any, is known as a judgment.
A judgment is a judicial act, which means it is an act of the court that resolves disputes and establishes the parties' rights and obligations.
Difference between judgment and a ratio decidendi
A judgment pronounces disposition of the case whole ratio decidendi provides the basic reason for such determination. It does not resolve a fact in issue. It merely provides for some opinion which does not directly resolve a case.
Final Order
It finally disposes of the whole subject matter or terminates a particular issue, it does not leave anything to be done but to enforce by execution of what has been determined. This is subject for implementation or execution
Interlocutory Order
It is issued by the court when the proceeding is not yet terminated because not all matters of the proceedings have been finished.
Requisites of a judgment
It must be:
1. Written in the official language
2. Personally and directly prepared, by the judge
3. Signed by the judge: and
4. Contain clearly and distinctly a statement of facts and the law upon which it is based (Sec 1, Rule 120)
Judgement for two or more offenses charged in the complaint or information
As a rule, if there is information there should be one crime for every information. Sometimes due to some lapse, several crimes or offenses were contained in a single information
Judgment for two or more offenses charged in the complaint or information
As a rule, if there is an information, there should be one crime. One crime for every information.
If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense.
Variance between the offense charged and proved
As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof.
Exceptions:
1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then the accused shall be convicted of the offense proved which is includednin the offense charged or of the offense charged which is included in the offense proved. Judgment for two or more offenses charged in the complaint or information
As a rule, if there is an information, there should be one crime. One crime for every information.
If the accused is convicted in a proceeding where the information contains two or more offenses then the court may convict him of as many offenses as are charged and proved and imposed on him the penalty of each offense.
Variance between the offense charged and proved
As a general rule, an accused can be convicted of an offense only when it is both charged and proved so if it is not charged or proved or if it is not proved although charged, the accused cannot be convicted thereof.
Exceptions:
1. when there is variance between the offense charged in the complaint or information and that proved and the offense as charged is included in or is necessarily included in the offense proved then 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.
Rule if the minor already reached the age of majority upon the promulgation of his sentence
He is no longer entitled to the suspension of the sentence. However, the time he spent during the period of his confinement shall be credited to his actual service of sentence.
Mittimus
It is a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused following the terms of judgment. Order of the court to detain the accused if he is previously committed to prison.
Acquittal
a finding of not guilty based on the merits that the accused is acquitted because the evidence does not show his guilt is beyond a reasonable doubt or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show reasonable doubt that the accused is guilty.
Reasonable doubt
State of the case which, after full consideration of all evidence, leaves then mind of the judge in such condition that he cannot say that he feels an abiding conviction to a moral certainty of the truth of the charge. The judge's mind is uncertain whether the accused is guilty or not.
Offenders who are disqualified from probation
If the accused is convicted he can apply for probation meaning if he applies for probation he will be released instead of serving a sentence inside detention facilities.
1. Those to serve a minimum term of imprisonment of more than 6 years;
2. Those charged with subversion or any crime against national security or public order;
3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month & 1 day and/or fine not less than P200.
Qualified theif.