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Legal Guidelines for Juvenile Offenders

Rule 120 discusses the rules regarding judgment in criminal cases. When promulgating judgment, the court's decision must be based on what was alleged and proven against the accused. If the accused has reached the age of majority by the time of promulgation, they are no longer eligible for a suspended sentence but any time spent committed as a minor will count toward their sentence. They will also receive the mitigating circumstance of minority, reducing their penalty to the next lower degree. For example, if originally convicted of murder as a minor but now an adult, the penalty would be reduced from reclusion perpetua to reclusion temporal. The offended party can appeal if civil liability is not included in the judgment.

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86 views2 pages

Legal Guidelines for Juvenile Offenders

Rule 120 discusses the rules regarding judgment in criminal cases. When promulgating judgment, the court's decision must be based on what was alleged and proven against the accused. If the accused has reached the age of majority by the time of promulgation, they are no longer eligible for a suspended sentence but any time spent committed as a minor will count toward their sentence. They will also receive the mitigating circumstance of minority, reducing their penalty to the next lower degree. For example, if originally convicted of murder as a minor but now an adult, the penalty would be reduced from reclusion perpetua to reclusion temporal. The offended party can appeal if civil liability is not included in the judgment.

Uploaded by

Aida Padilla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Rule 120 – Judgment

 General rule in conviction of accused based on


allegation and what was proven.

 Exception – Read section 4 of Rule 120


 Instances that court can
promulgate judgment even if
 What are the rules when a minor has the accused is not present
reached his age during the promulgation
of his sentence?
1. He is no longer entitled to the benefit of
suspension of sentence
2. The time he spent in the commitment while his
case was ongoing shall be credited to his actual
service of sentence
3. He shall be entitled to the privileged mitigating
circumstance of minority. For that, his penalty
should be next lower in degree to that prescribed
by law.

E.g., In the case of People v. Francisco, wherein  Rule on Modification (Sec. 7)


Fredirico ore was a minor during the time he was
convicted of murder and he was considered
youthful offender, hence, committed under the care
of an accredited government institution for those
children in conflict with the law. But, at the time of
the promulgation of final judgment, he was already
21 years old. For this, he is no entitled anymore to
the benefit of suspension of the sentence but  What are the remedies of the
instead serve the actual sentence provided that the
offended party if the court fails
time he committed under the care of an institution
will credited to the actual sentence he shall serve to include civil liability in the
for. And his penalty was next lower in degree to that judgment?
prescribed which is reclusion perpetua.
Therefore, he shall be punished with reclusion
temporal.
- It is like ordering a of an officer to detain such
person or execute the penalty imposed upon an
accused or convicted person.

 Remedies of the convicted include


applying for probation but who are
disqualified?

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