JUDGMENT (RULE 120) merely failed to prove his guilt

beyond reasonable doubt.

-​ adjudication by the court that the -​ shall determine if the act or omission
accused is guilty or not guilty of the from which the civil liability might
offense charged and the imposition arise did not exist (S2, R120).
on him of the proper penalty and civil
liability, if any. Lack of stenographic notes
-​ written in the official language, -​ shall not defer the submission of the
personally and directly prepared by case for decision … (AM
the judge and signed by him and 15-06-10-SC).
shall contain clearly and distinctly a ​
statement of the facts and the law Two or more offenses
upon which it is based (S1, R120). When two or more offenses are charged in
a single complaint or information but the
Contents accused fails to object to it before trial, the
court may convict him of as many offenses
Judgment of conviction as are charged and proved, and impose on
It shall state: him the penalty for each offense, setting out
a.​ the legal qualification of the separately the findings of fact and law in
offense constituted by the acts each offense (S3, R120).
committed by the accused and the
aggravating or mitigating Variance between the allegation and
circumstances which attended its proof
commission; When there is variance between the offense
b.​ the participation of the accused in charged in the complaint or information and
the offense, whether as principal, that proved, and the offense as charged is
accomplice, or accessory after the included in or necessarily includes the
fact; offense proved, the accused shall be
c.​ the penalty imposed upon the convicted of the offense proved which is
accused; and included in the offense charged, or of the
d.​ the civil liability or damages offense charged which is included in the
caused by his wrongful act or offense proved. (S4, R120).
omission to be recovered from the
accused by the offended party, if When an offense includes or is included
there is any, unless the enforcement in another
of the civil liability by a separate civil a.​ An offense charged necessarily
action has been reserved or waived includes the offense proved
(S2, R120). b.​ when some of the essential
elements or ingredients of the
Judgment of acquittal former, as alleged in the complaint
-​ shall state whether the evidence of or information, constitute the latter.
the prosecution absolutely failed to
prove the guilt of the accused or … an offense charged is necessarily
included in the offense proved,
when the essential ingredients of the former In case the accused fails to appear at the
constitute or form a part of those scheduled date of promulgation of judgment
constituting the latter (S5, R120). despite notice, the promulgation shall be
made by recording the judgment in the
Promulgation of judgment criminal docket and serving him a copy
-​ by reading it in the presence of the thereof at his last known address or thru his
accused and any judge of the court counsel.
in which it was rendered.
-​ if the conviction is for a light offense, If the judgment is for conviction and the
the judgment may be pronounced in failure of the accused to appear was without
the presence of his counsel or justifiable cause, he shall lose the remedies
representative. available in these rules against the
-​ When the judge is absent or outside judgment and the court shall order his
of the province or city, the judgment arrest.
may be promulgated by the clerk of
court. Within fifteen (15) days from promulgation
of judgment, however, the accused may
-​ If the accused is confined or surrender and file a motion for leave of court
detained in another province or city, to avail of these remedies. He shall state
the judgment may be promulgated the reasons for his absence at the
by the executive judge of the scheduled promulgation and if he proves
Regional Trial Court having that his absence was for a justifiable cause,
jurisdiction over the place of he shall be allowed to avail of said remedies
confinement or detention upon within fifteen (15) days from notice (S6,
request of the court which rendered R120).
the judgment (S6, R120).
Modification of judgment
The court promulgating the judgment shall A judgment of conviction may, upon motion
have authority to accept the notice of appeal of the accused, be modified or set aside
and to approve the bail bond pending before it becomes final or before appeal is
appeal; provided, that if the decision of the perfected.
trial court convicting the accused changed
the nature of the offense from non-bailable Except where the death penalty is imposed,
to bailable, the application for bail can only a judgment becomes final after the lapse of
be filed and resolved by the appellate court. the period for perfecting an appeal, or when
The proper clerk of court shall give notice to the sentence has been partially or totally
the accused personally or through his satisfied or served, or when the accused
bondsman or warden and counsel, requiring has waived in writing his right to appeal, or
him to be present at the promulgation of the has applied for probation (S7, R120).
decision. If the accused tried in absentia
because he jumped bail or escaped from
prison, the notice to him shall be served at
his last known address (S6, R120).
Entry of judgment may hear evidence thereon by affidavits or
After a judgment has become final, it shall otherwise (S5, R121).
be entered in accordance with Rule 36 (S8,
R120). Effects of granting new trial or
reconsideration

New trial on ground of errors of law or

NEW TRIAL OR RECONSIDERATION irregularities
(R121) -​ all the proceedings and evidence
affected thereby shall be set aside
New trial or reconsideration and taken anew.
-​ any time before a judgment of -​ The court may, in the interest of
conviction becomes final, … substantial justice, allow the
-​ on motion of the accused or at its introduction of additional evidence.
(court’s) instance but with the
consent of the accused, … (S1, New trial on ground of newly-discovered
R121). evidence
-​ the evidence already adduced shall
Grounds (new trial) stand and the newly-discovered and
a.​ errors of law or irregularities such other evidence as the court
prejudicial to the substantial rights of may, in the interest of justice, allow
the accused have been committed to be introduced shall be taken and
during the trial; considered together with the
b.​ new and material evidence has been evidence already in the record.
discovered which the accused could
not with reasonable diligence have New trial and reconsideration
discovered and produced at the trial -​ the original judgment shall be set
and which if introduced and admitted aside or vacated and a new
would probably change the judgment judgment rendered accordingly (S6,
(S2, R121). R121).

Form
a.​ shall be in writing and shall state the
grounds …
b.​ supported by affidavit of witness …
or duly authenticated copies of
documents … (for new trial)
c.​ Notice … shall be given to the public
prosecutor (S4, R121).

Hearing
Where a motion for new trial calls for
resolution of any question of fact, the court