Professional Documents
Culture Documents
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.
WHAT IS A JUDGMENT?
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
People v. Abiera says that the accused charged with rape through one mode of
commission may still be convicted of the crime if the evidence shows another mode of
commission, provided that the
accused didn’t object to such evidence
People v. Padilla says on the other hand that the accused cannot be convicted of rape
of a mental retardate if the commission of such is not alleged in the information
The latter ruling is a better ruling because to convict the accused would violate his right
to be informed of the nature and cause of the accusation against him
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.
WHEN IS AN OFFENSE CHARGED NECESSARILY INCLUDED IN THE OFFENSE
PROVED?
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
For example when the offense charged is acts of lasciviousness and the offense
proved is rape, the essential elements of acts of lasciviousness is necessarily included in
the crime of rape.
Therefore, the offense charged is necessarily included in the crime proved