Rule 120

Requisites of Judgement
1. Written: English Filipino
2. Personally prepared by Judge
a. Aided by Clerk of Court overall supervisor of court personnel,
may also summarized case facts.
3. Signed by the judge
a. If not signed, it is a mere scrap of paper.
4. Clearly and distinctly a statement of the facts and the law upon which it is
based
Q: Should court specify the provision of law, which was violated?
-

no need. Does not nullify the judgment. For as long as you can distinguish
what offense was committed.
Constitutional Basis: losing party is entitled to know why he lost so he
may appeal to the higher court.

Q: how is entry of judgment made?

-

by recording of the judgment/order in the book of entries of judgment.

Record should have the dispositive, signed by clerk

Q: mittimus?
-

process issued by trial court after conviction to carry out the final
judgment such as commanding a prison warden to hold the accused

reasonable doubt
-

state of the case where after full consideration of the judge, in his mind
that

acquittal
-

finding of not guilty based on the merits

immediately final and executor
State may not seek to appeal as it places accused in double jeopardy

Maximum duration of the courts sentence? YES

-

in the service of sentence shall not be three-fold of the most severe

penalty, and not to exceed 40 years

CONTENTS OF THE JUDGMENT:

1. Conviction
1. Legal qualification of the offense
constituted by the acts committed by the
accused, and the aggravating or mitigating
circumstances attending its commission;

2. Participation of the accused, whether as

principal, accomplice or accessory;
3. Penalty imposed upon the accused;
4. Civil liability or damages caused by the
wrongful act or omission, unless a
separate civil action has been reserved or
waived.
2. Acquittal
1. Whether the evidence of the prosecution absolutely failed to prove the guilt of the
accused or merely failed to prove his guilt beyond reasonable doubt;
- to determine if accused is still liable for civil damages
- failed to prove his guilt beyond reasonable doubt Civilly liable
2. In either case, the judgment shall determine if the act or omission from which the civil
liability might arise did not exist.
2 OR MORE OFFENSES IN A COMPLAINT OR INFORMATION
- court may convict the accused as many offense
- if there are several offenses, file a motion to quash on the ground of duplicity of
offenses
- VALID if not objected to.
- Failure to object is deemed as waiver

Section 4.
GR: an accused can be convicted if charged and proved.
If charged although not proved no conviction
If not charged but proved no conviction
EXPN:
Offense proved is included in the offense charged
EX: X is charged serious physical injuries. Prosecutions evidence. Offense
proved is less serious physical injuries.
EX: X is charged with less serious physical injuries. Prosecution proved serious
physical injuries.
An accused cannot be convicted of something not charged in the Info becviolative
of Constitutional right to be informed.
SECTION 5.
When necessarily included
When necessarily includes
EXPN: where the facts supervene after filing of the Info
Ex. charged with serious physical injuries, homicide
Credited service of sentence
EFFECT OF CONVICTION OF A MINOR
- Courts will promulgated and ascertain civil liability if any, service will be
suspended

Exception of suspension of sentence of youthful offenders:

1. if offender has enjoyed previous suspension
2. if convicted by death
3. of age at time of sentencing
creditable service
4. military tribunal
probation
- disposition after conviction/sentence is subj to conditions imposed by the
court. handled by probation officer. Section 3 of Probation Law
Promulgation of judgment
GR: accused must be presented
EXPN:
1. acquittal
2. conviction of light offense
3. trial in absentia
WHO PROMULGATE?
GR: The judge
EXPN:
1. Clerk of Court
2. accused is detained in another city, the EJ of the RTC who has jurisdiction over
the prison
Q: is the presence of accused indispensable? NO
Q: what is conviction and accused is absent without justifiable cause?
Effect:
1. court shall order his arrest
2. accused will lose the remedies in the rules against judgment
- Accused surrenders and files Motion with leave of court to enjoy
remedies within 15 days.
3. his bail is forfeited.
Accused must show justifiable cause to avail of leave of court during
PROMULGATION.
Promulgation in absentia
1.
2. service of judgment thru last known address or thru counsel
Q: what if judgment fails to award civil liability? What is your remedy?
1. motion for reconsideration
2. appeal
3. petition for certiorari, R65
Before resorting to certiorari, you have already filed an appeal.

Q: when does judgment become final?

- after lapse of time for perfecting appeal (15 days)
- when sentence has been satisfy
- expressly waived his right to appeal and when probation is applied for
When does trial court loses jurisdiction before the lapse of 15 days?
1. When the defendant voluntarily submits to
the execution of the judgment;
2. When the defendant perfects his appeal;
3. When the accused withdraws his appeal;
4. When the accused expressly waives in
writing his right to appeal;
5. When the accused files a petition for
probation.

RULE 121
DIFFERENCE BETW. MOTION FOR NEW TRIAL and RECONSIDERATION?
Section 2. GROUNDS for New Trial
1. Errors of law or irregularities prejudicial to the substantial rights of the accused committed
during the trial itself.
2. New and material evidence is discovered (after trial); which if presented would have
changed the trial.
3. Other grounds which the court may determine in the exercise of its discretion:
a. Negligence or incompetency of counsel or mistake, which is so gross amounting to
deprivation of the substantial rights of the accused and due process
- ask for new trial
- GR: you are bound by the mistakes of your counsel
b. Recantation of a witness where there is no evidence sustaining the judgment of conviction
other than the testimony of the witness
- GR: recantation is not a ground for new trial
- EXPN: if there is no evidence except for the recanted witness, you may ask Court of
a new trial
c. Improvident plea of guilty, which maybe withdrawn;
d. Disqualification of attorney de officio torepresent accused in trial.
e. Interest of justice (Sec. 6, Rule 121).
Section 3. Grounds for MR:
1. Errors of Law
2. Errors of Fact
to allow RTC to correct its own mistakes
no further proceedings

When to file? Within 15 days from promulgation of judgment.

To the prosecutor
When should MR of any final order be filed before the Sandiganbayan?
15 days from promulgation and notice of final order/judgment
MR should be decided 30 days
WHEN MAY NEW TRIAL BE GRANTED

Correction of clerical errors,

Can be filed before the appellate court.
If appeal is already with appellate court and new material evidence has been
discovered by the accused, file motion with CA.
Section 4.
Affidavits of witness
Duly-authenticated copies of documents
Q: what if you fail to attach supporting documents?
defect can be cured by the testimony under oath at the hearing of the case or
motion
recantation
- public and formal withdrawal
- GR: not a ground for new trial bec it makes a mockery of the court
- EXPN: no other evidence to support conviction
desistance

Requisites before a New Trial may be granted on the ground of Newly Discovered
Evidence:
1. That the evidence was discovered after trial;
2. That such evidence could not have been discovered and produced at the trial even
with the exercise of reasonable diligence;
3. That it is material, not merely cumulative, corroborative or impeaching; and
4. The evidence is of such a weight that it would probably change the judgment if
admitted.
General Rule: Mistakes or errors of counsel in
the conduct of his case are not grounds for
new trial. This rule is the same whether the
mistakes are the result of ignorance,
inexperience, or incompetence.
Exception: If the incompetence, ignorance or
inexperience of counsel is so great and the
error committed as a result thereof is so
serious that the client, who otherwise has a
good cause, is prejudiced and denied his day
in court, the litigation may be reopened to give
the client another chance to present his case.
SECTION 6. Effect of granting new trial or recon

Purpose of asking new trial is not to ask for acquittal. But precisely to set aside
the judgment so case will be retried. A trial de novo.
An MR interrupts appeal. Neypes Doctrine. Addition 15 days from denial of MR
or motion for new trial.

Is DENIAL of MR or Motion for New Trial appealable?

- you cannot appeal
- not subject to certiorari
Remedy: perfect your appeal
New Trial vs. Re-opening of a case
Re-opening there is before judgment in the exercise of its sound discretion; the
period to submit evidence was already closed.
New trial after judgment is rendered but before finality; on i of the court or on
its own motion with consent of the accused
X`
Rule 65 is an entirely new proceeding
Rule 45 is a continuation from the lower court.

Modes of Review?
1. ordinary appeal
2. petition for review
3. PfR on Certiorari
4. automatic appeal

RULE 122
Appeal is a proceeding for review by which the whole case is transferred to the higher
court for a final determination. An appeal is not an inherent right of a convicted person. The
right of appeal is and always has been statutory.
Note: Only final judgments and orders are appealable.
Section 1. Who may appeal?
ANY PARTy
Effect of an appeal?
An appeal in a criminal case opens the whole case for review and this includes the review of
the penalty, indemnity, and the damages involved. Consequently, on appeal, the
appellate court may increase the penalty, indemnity, or the damages awarded by the
trial court, although the offended party had not appealed from said award, and the party who
sought a review of the decision was the accused.
Difference of appeal from judgment vs. appeal from order?
Ex. accused guilty. 15 days from promulgation. Supposing accused did not file an appeal but

instead opted to file an MR. thereafter the RTC denied the MR.
Appeal from receipt of order.
Section 2. Where to appeal?

Exceptions: However, an appeal from the

order of dismissal shall not constitute double
jeopardy if:
1. Dismissal is made upon motion, or with
the express consent of the defendant;
2. Dismissal is not acquittal or based upon
consideration of the evidence or on the
merits of the case;
3. The question to be passed upon by the
appellate court is purely legal so that
should the dismissal be found incorrect,
the case would have to be remanded to
the court of origin for further proceedings,
to determine the guilt or innocence of the defendant
4. grave abuse of discretion

SB in its appellate jurisdiction to SC on notice of appeal

SB in its original jurisdiction imposable penalty on life imprisonment,
reclusitonperpetua to SC on notice of appeal
If death automatic review
Effects of appeal
if only one of the co-accused , shall not affect those who did not appeal
o EXPN if favorable to the one who didnt appeal
GROUNDS FOR Dismissal of appeal
1. beyond the period
2. non-payment of docket fees
3. unauthorized alteration
4. failure to provide copy to other party
5. absent specific errors
6. failure of appellant to complete the order
7. failure to appear
RULE 123
MTC same with RTC
EXPN: summary procedure

RULE 124
Q: when can it receive evidence?
Purpose: To speed up the disposition of court
cases.
Other powers of the Court of Appeals:
1. To try cases and conduct hearings;
2. Receive evidence;
3. Perform any and all acts necessary toresolve factual issues raised in cases:
a. Falling under its original and appellate jurisdiction;
b. Including the power to grant andconduct newtrials or further proceedings.

CA imposes reclusion perpetua or higher as the circumstances warrant. It shall

refrain from entering judgment and elevate the entire record to the SC for review

Section 14. Motion for new trial

-

CA will refer the case back to the court of origin

Q: what is SC en banc is equally divided?

RULE 125: Procedure in the SC

Section 3. Decision if opinion is equally divided
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rehearing then still no decision, the judgment of the lower court shall be
reversed and the accused will be committed

Rule 126: Search Warrant

Elements of Search Warrant
1. Order in writing;
2. Signed by the judge in the name of the People of the Philippines;
3. Commanding a peace officer to search personal property;
4. Bring the property before the court.

Description personae
specific description: 5 feet tall with a tattoo
general warrant
General Warrant is a search warrant which vaguely describes and DOES NOT
particularize the personal properties to be seized without a definite guideline to the
searching team as to what items might be lawfully seized, thus giving the officers of the
law discretion regarding what articles they should seize.
Note: A general warrant is NOT VALID as it infringes on the constitutional mandate
requiring particular description of the things to be seized.

Nature of search warrant?

interlocutory

Section 4. Requisites:
1. probable cause
2. personally determined by the judge
3. searching questions
4. The warrant issued must particularly describe the place to be searched and
the persons or things to be seized;
Note: A search warrant may be said to particularly describe the things to be
seized
a. when the description therein is as specific as the circumstances will
ordinarily allow; or
b. when the description expresses a conclusion of fact not of law by
which the warrant officer may be guided in making the search and
seizure; or
c. when the things described are limited to those which bear direct relation to
the offense for which the warrant is being issued
5. It must be in connection with one specific offense;
6. The sworn statements together with the affidavits submitted by witnesses
must be attached to the record
7. It must not have been issued more than 10 days prior to the search made
pursuant thereto.

No warrant shall arrest but upon probable cause. Warrant must be described.
Search vs. Seizure
Search examination of mans house, person
Seizure physical taking into custody
Warrant of arrest vs. search warrant
Warrant of arrest person into custody to answer for commission of offense; valid
until withdrawn; served any time of day or night
Search Warrant order in writing signed by judge, peace officer to search personal
property described therein; validity is 10 days; only effected during daytime

Duty of Judge
Search warrant - judge has to conduct a personal examination of complainant and
witnesses
Warrant of arrest recommendation of prosecutor lang

Why is search warrant more stringent then warrant of arrest?

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violation of right to privacy produces a humiliating effect which cannot be rectified.

In a warrant of arrest, the person can always post bail

Where FILED?

where committed
court where warrant to be enforced
EXPN:
o If crim action already filed, only where pending
o Executive Judge - Heinous crimes, dangerous drugs, etc.

probable cause
Requisites
Who determines?
JUDGE
Expn: deportation
multi-factor balancing test

Requisite of personal examination

SECTION 3. PERSONAL PROPERTY TO BE

SEIZED
Kinds of property to be seized by virtue of
a warrant:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds
or fruits of the offense;
3. The means used or intended to be used
for committing an offense.

Doesnt need to be the owner. Just that he has control of the property.
Purpose of describing with particularity
-

to leave officers of the law without discretion so that unreasonable searches will not
be made.

May there be a valid warrantless search?

1. search incident to lawful arrest
2. consented search
to constitute waiver, right must exist, person had actual knowledge of
existence of right and there was intention to relinquish rights
3. moving vehicles
4. checkpoints, body checks in airport
if warranted by exigencies of public order and least intrusive to motorists.
Limited to visual search

Q: can officer ask you to open your trunk?

NO
5. plain view
1. A prior valid intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties;
2. The evidence was inadvertently discovered by the police who had the right
to be where they are;
3. The evidence must be immediately apparent; and
4. There is no need for further search
Ex. you have a valid search warrant, upon entrance you kilos of shabu being
repacked.
6. Stop and Frisk
a genuine reason

REMEDIES AGASINT UNLAWFUL SEARCH

1. File Motion to Quash
2. Suppress evidence
3. Replevin if objects are legally possessed by you and taken from you
4. certiorari where search warrant is a patent nullity
* alternative remedies

IN what COURT TO FILE?

-

by the court where the action has been instituted.

If no court yet, then the court who issued the warrant

RULE 127
Nature of ProvRem
Nature of Provisional Remedies:
1. Those to which parties litigant may resort for the preservation or protection of their
rights or interests and for no other purposes during the pendency of the
action;
2. They are applied to a pending litigation for
the purpose of securing the judgment or
preserving the status quo, and in some
cases after judgment, for the purpose of
preserving or disposing of the subject
matter(
Availability to CrimPro?
all in CivPro
1. attachment by an aggrieved party; may be also prosecutor for preliminary attachment

2. receivership
3. supportpendentelite

4.
5.

preliminary attachment
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you can easily go after properties of accused.

Ex. estafa of millions. Can you preliminary attach the property of the
accused for as long as the grounds are present.
No notice to adverse party is required before WPI may issue
Requirements
o Affidavit
o Bond

When may attachment be availed?

-

from civil actions not waived

about to abscond
or crim action based on
atty broker agent in fiduciary capacity

October 9, 2014

Memorandum Decision - Appellate court may simply adapt by findings of

fact and conclusions of law of the decision appealed from. It must be contained in
the Decision in the annex attached to and made an indispensable part of the
Decision.
Q: Effect of Oral Dismissal of criminal case?
-

it will not attain the judgment of acquittal. The judge can still set it aside
and enter another order.
Oral order has to be reduced in writing to be effective.

Q: May court provide an alternative penalty?

NO. Choice/option should not be given to the accused.

definite and positive and indicate the penalty to be imposed.

Q: A & B held X when C raped her. This was repeated 3 times. Can the accused be
convicted of 3 rapes each?
YES.
Q: a person was charged with rape but the testimony of the accused was that he
was able to convince the woman to give up her virginity as there was a plan on
his part to marry her. Can he be convicted of rape or seduction?
NO.
Isnt it seduction necessarily included in rape?
NO.
Q: when is an offense included or is included in another?
Q: may a person charged as principal can he be convicted as accessory?
YES. The greater responsibility necessarily includes the lesser responsibility. But
not the other way around. This violates the right to be informed.
If the offense proved is included in the offense charged, you can be held guilty for
the offense proved.
If offense proved necessarily includes the offense charged, you can be held guilty
for the offense charged.
Q: where to serve notice to accused if he failed to appear?
Q: can you modify a judgment?
-

yes before judgment is final or appeal is perfected

= motion for reconsideration

It must be by motion of the accused. Not imputing error. Asking court to clarify.
Q: X charged with capital offense, punishable with death, judge refuses to impose
because he is religious.
Q: accused was tried in absentia, convicted by trial court. He filed notice of
appeal, but it was not given due course by the Court. Was the court correct?
It depends. Based on last paragraph. If for conviction and you failed to appear
then you lose your right to all the remedies under the Rule of Court.
Q: Is probation a matter of right?
NO. it is a privilege. It is a statutory right.
probation merely suspends execution of the sentence itself. Civil liability is
not extinguished in probation.

Q: Can you file for appeal and probation?

NO.
Q: supposing a person is held liable for BP 22, consolidated trial consolidated
decision. Different penalties, more than 6 years. Can he still ask for probation?
dont add up the different penalties. If many counts, just the maximum PER
count. Dont add.
Private offended party questions the civil aspect of the crime. Even if there was a
perfected appeal by accused. If offended party filed an MR within the period. The
court has to act on it. It is still under jurisdiction of the RTC. But only with regard
of the civil liability. Offended party cannot file MR on crim aspect.
Q: effect of appeal to several accused.
Q: Can appellate court increase the judgment from 1 year to 20 years?
Review, revise, reverse whatever judgment bec it is an open book.
Q: May an accused who jumped bail or flees to another country appeal from a
judgment of conviction?
NO
-

trial in absentia you are not participating in the trial itself.

Jumped bail when you did not appear when summoned.
Outside jurisdiction of trial court

Q: Supposing accused was charged with reclusion perpetua and that accused was
outside the country or already jumped bail. Can he still file an appeal?
YES. Only automatic review for death penalty. The CA may render judgment of
Reclusion Perpetua and enter in its books. YES he can file an appeal through a
notice of appeal. See Section 13.
Q: the prosecution can appeal the civil aspect. Is that absolute?
EXCEPTION: If Decision says the accused did not commit the crime.
Q: which court will act on your withdrawal of appeal?
If records not yet forwarded, with trial court
if forwarded, it is the appellate court which acts on the motion to withdraw
Q: remedy to modify the acquittal or increase the penalty?
impute grave abuse, file petition for certiorari under Rule 65.