file:crimpro_part1_vi.htm

7.  JUDGMENT

1. Definition

Judgment means that adjudication by the court that the accused is guilty or
is not guilty of the offense charged, and the imposition of the proper penalty
and civil liability provided for by law on the accused. 214

Checklist

Steps To Take In
Rendering Judgment

Rules of Court, Rule 120, Sec. 2

1. Prepare the judgment personally and directly in the official language and
sign the same. 215This
holds true with orders of dismissal;

2. See to it that the judgment contains a clear and distinct statement of
facts proved or admitted by the accused and the law upon which the judgment is
based: 216

3. If it is of conviction, state:

3.1 the legal qualification of the offense
constituted by the acts committed by the accused, and the aggravating or
mitigating circumstances attending the commission thereof, if there are any;

3.2 the participation of the accused in the
commission of the offense, whether as principal, accomplice, or accessory after
the fact;

3.3 the penalty imposed upon the accused; 217

3.4 the civil liability or damages caused by the
wrongful act to be recovered from the accused by the offended party, if there
is any, unless the enforcement of the civil liability by a separate action has
been reserved or waived.

4. In case the judgment is of acquittal, it shall state whether the evidence
of the prosecution absolutely failed to prove the guilt of the accused or
merely failed to prove his/her guilt beyond reasonable doubt. In either case,
the judgment shall determine if the act or omission from which the civil
liability might arise did not exist.

5. When two or more offenses are charged in a single complaint or
information, and the accused fails to object to it before trial, convict the
accused of as many offenses as are charged and proved, and impose on him the
penalty for each and every one of them setting out separately the findings of
fact and law in each offense. 218

6. When there is a variance between the offense charged in the complaint or
information, and that proved or established by the evidence, and the offense as
charged is included in or necessarily includes the offense proved, the accused
shall be convicted of the offense proved which is included in the offense
charged, or of the offense charged which is included in the offense proved.
219

An offense charged necessarily includes that which is proved, when some of
the essential elements or ingredients of the former, as this is alleged in the
complaint or information, constitute the latter. And an offense charged is necessarily
included in the offense proved, when the essential ingredients of the former
constitute or form part of those constituting the latter. 220

2.  Extent of Damages Awarded in Civil Liability
Arising from Crimes

Civil liability arising from crime includes, moral damages, exemplary
damages and loss of earning capacity. 221Attorney’s
fees may be awarded but only when a separate civil action to recover civil
liability has been filed or when exemplary damages are awarded. 222Life expectancy must be included in
award of damages. 223

The court should, however, specify how much is the indemnity for death and
how much is for moral damages and not lump the whole amount. 224Civil indemnity is separate from moral
damages. 225

In rape cases a civil indemnity of Php 50,000 is mandatory. 226In addition, moral damages in rape is
automatic without the need of pleading or any proof. 227

Civil indemnity or actual and compensatory damages if committed or
effectively qualified by any of the circumstances under which the death penalty
is authorized by law, the indemnity for the victim shall be increased to the
amount of Php 75,000. 228

Actual damages should be supported by receipts. 229

To justify a grant of actual or compensatory damages, it is necessary to
prove with a reasonable degree of certainty, premised upon competent proof and
on the best evidence obtainable by the injured party, the actual amount of
loss. 230

Where there are no aggravating circumstances, exemplary damages should not
be awarded. So also actual damages if not supported by evidence may not be
awarded. 231

Acquittal does not necessarily preclude civil liability, as in the following
cases:

(a) Where the acquittal is based on reasonable
doubt232 as only preponderance of evidence is
required in civil cases;

(b) Where there is a finding that the accused’s
liability is not criminal but only civil in nature; 233and

(c) Where there is a finding that the civil
liability does not arise from or is not based upon the criminal act of which
the accused was acquitted234
as where the accused was acquitted of malversation but was held liable for the
funds which were spent for unauthorized purposes.

3.  Promulgation Of Judgment

1. What to do (Rule 120, Section 6, Rules of Court).

1.1 Direct the clerk of court/branch clerk of
court to give notice to the accused personally or through his/her bondsman if
bonded, or through the warden if detained, or through the custodian if out on
recognizance.

1.2 To promulgate the judgment, direct the clerk
of court/branch clerk of court to read the same in the presence of the accused
and counsel de-parte or de officio.

1.3 If the conviction is for a light offense, the
judgment may be read in the presence of the accused’s counsel or
representative.

1.4 When the judge is absent or outside of the
province or city, direct the clerk of court/branch clerk of court to promulgate
the judgment.

1.5 If the accused is confined or detained in
another province or city, request the executive judge of the Regional Trial
Court having jurisdiction over the place of confinement or detention to
promulgate the judgment. The court promulgating the judgment shall have
authority to accept the notice of appeal and to approve the bail bond pending
appeal provided, that if the decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to bailable, the
application for bail can only be filed and resolved by the appellate court.

1.6 The proper clerk of court shall give notice
to the accused personally or through his/her bondsman or warden and counsel,
requiring him/her to be present at the promulgation of the decision. If the
accused was tried in absentia because s/he jumped bail or escaped from
prison, the notice to him/her shall be served at his/her last known address.

1.7 In case the accused fails to appear at the
scheduled date of promulgation of judgment despite notice, the promulgation
shall be made by recording the judgment in the criminal docket and serving
him/her a copy thereof at his/her last known address or thru his/her counsel.

1.8 If the judgment is for conviction and the
failure of the accused to appear was without justifiable cause, he shall lose
the remedies available in these rules against the judgment and the court shall
order his/her arrest. Within fifteen (15) days from promulgation of judgment,
however, the accused may surrender and file a motion for leave of court to
avail of these remedies. S/he shall state the reasons for his/her absence at
the scheduled promulgation and if s/he proves that his/her absence was for a
justifiable cause, s/he shall be allowed to avail of said remedies within
fifteen (15) days from notice.

4. Modification of Judgment235

1. Modify or set aside a judgment of conviction only

1.1 Upon motion of the accused and

1.2 Before the judgment has become final or
appeal has been perfected. Except when the death penalty is imposed, a judgment
for conviction becomes final (a) after the lapse of the period for perfecting
an appeal or (b) when the sentence has been partially or totally satisfied or
(c) the accused has expressly waived in writing his/her right to appeal or (d)
the accused has applied for probation. 236

5.  Entry of Judgment 237

1. After the judgment has become final, have it entered in the book of
entries of judgments. 238

2. If no appeal or motion for new trial is filed within the time provided in
the rules, direct the clerk of court/branch clerk of court to enter the
judgment and prepare a certificate that such judgment has become final and
executory.