BAWALAN, REMA ELAINE W.

BS-CRIMINOLOGY1
CRIMINAL JUSTICE SYSTEM
ACTIVITY 4
A. Define the following:

1. Judgement – the 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
provided for by law on the accused.
2. New trial – is a re-examination of the issue in the same court and party litigants,
whereby errors of law or irregularities are expunged from the record, or new
evidenced is introduced, or both steps are taken, upon motion of the accused, or at the
instance of the court with the consent of the accused.
3. Motion for reconsideration – contemplates no new hearing or proceeding of any
kind or change in judgement is accomplished on the basis of what is already in the
court.
4. Appeal – a request that a case be removed from the lower court to the higher court
for the purpose of conducting judicial view.
5. Appellant – the party appealing the case shall be called the appellant.
6. Appellee – the adverse party

B. State the” form” of judgment.

 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.

C. Enumerate the content of the judgement.

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.

D. What shall be stated in the judgement in case of acquittal?

 In case the judgement 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 judgement shall
determine if the act or omission from which the civil liability might arise did not
exist.

E. When can judgment be modified?

 According to section 7 of Rule 120, a judgement 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
judgement 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 probation.

F. State the grounds of the following:

1. New trial – according to section 2 of Rule 121, the court shall grant a new trial on
any of the following grounds: (a) the error of law irregularities prejudicial to the
substantial rights of the accused have been committed during trial. (b) The new
material evidence has been discovered which the accused could not with reasonable
diligence have discovered and produced at the trial and which if introduced and
admitted would probably change the judgement.
2. Reconsideration – according to section 3 of Rule 121, the court shall grant
reconsideration on the ground of errors of law or fact in the judgement, which
requires no further proceedings.

G. Who may appeal? State.

 According to section 1 of Rule 122, any party may appeal from judgement or final
order, unless the accused will be placed in double jeopardy.

H. Where shall appeal be taken? State.

 According to section 2 of Rule 122, the appeal may be taken as follows: (a) To
the Regional Trial Court, in cases decided by the Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial
Court; (b) to the Court of Appeals or to the Supreme Court in the proper cases
provided by law, in cases decided by the regional Trial Court; and (c) To the
supreme court, in cases decided by the Court of Appeals.

I. When shall appeal be taken? State.

 According to section 6 of Rule 122, an appeal must be taken within fifteen (15)
days from promulgation of the judgement or from notice of the final order
 appealed from. This period for perfecting an appeal shall be suspended from the
time a motion for new trial or reconsideration is filed until notice of the order
overruling the motion shall have been served upon the accused or his counsel at
which time the balance of the period begins to run.

J. State the scope of judgement of the Court of Appeals

 According to section 11 of Rule 124, the Court of Appeals may reverse, affirm, or
modify the judgement and increase or reduce the penalty imposed by the trial
court, remand the case to the Regional Trial Court for new trial or retrial, or
dismiss the case.