RULE 120 - JUDGMENT

Section 1. Judgment; definition and form. Judgment 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, if any. It must be written in the official language, personally and directly prepared by the judge
and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon
which it is based.
Sec. 2. Contents of the judgment. If the judgment is of conviction, it shall state (1) the legal
qualification of the offense constituted by the acts committed by the accused and the aggravating or
mitigating circumstances which attended its commission; (2) the participation of the accused in the
offense, whether as principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the
accused; and (4) the civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a
separate civil action has been reserved or waived.
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 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.
Sec. 3. Judgment for two or more offenses. When two or more offenses are charged in a single
complaint or information but the accused fails to object to it before trial, the court may convict him of as
many offenses as are charged and proved, and impose on him the penalty for each offense, setting out
separately the findings of fact and law in each offense.
Sec. 4. Judgment in case of variance between allegation and proof. 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 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.
Sec. 5. When an offense includes or is included in another. An offense charged necessarily includes
the offense proved when some of the essential elements or ingredients of the former, as 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.
Sec. 6. Promulgation of judgment. The judgment is promulgated by reading it in the presence of the
accused and any judge of the court in which it was rendered. However, if the conviction is for a light

offense, the judgment may be pronounced in the presence of his counsel or representative. When the
judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court.
If the accused is confined or detained in another province or city, the judgment may be promulgated
by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or
detention upon request of the court which rendered 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
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The proper clerk of court shall give notice to the accused personally or through his bondsman or
warden and counsel, requiring him to be present at the promulgation of the decision. If the accused was
tried in absentia because he jumped bail or escaped from prison, the notice to him shall be served at his
last known address.
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 a
copy thereof at his last known address or thru his counsel.
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
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. He shall state the reasons for his absence
at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be
allowed to avail of said remedies within fifteen (15) days from notice.
Sec. 7. Modification of judgment. A judgment of conviction may, upon motion of the accused, be
modified or set aside before it becomes final or before appeal is perfected. Except where the death
penalty is imposed, a judgment becomes final after the lapse of the period for perfecting an appeal, or
when the sentence has been partially or totally satisfied or served, or when the accused has waived in
writing his right to appeal, or has applied for probation.
Sec. 8. Entry of judgment. After a judgment has become final, it shall be entered in accordance with
Rule 36.
Sec. 9. Existing provisions governing suspension of sentence, probation and parole not affected by this
Rule. Nothing in this rule shall affect any existing provisions in the laws governing suspension of
sentence, probation or parole.