Criminal Procedure:

Rule 120 (Judgments)

to Rule 127 (Provisional Remedies)
Pros. Eric-John Soriano Calagui
University of Cagayan Valley
College of Law
 Rule 120
(JUDGMENTS)
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. (1a)
 FORM
1. Written in the official language;
2. Personally and directly prepared by the judge and signed by him; and
3. Shall contain clearly and distinctly a statement of the facts and the law
upon which it is based. (1a)
 CONTENTS
(Section 2, Rule 120)
CONVICTION
(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.
 ACQUITTAL
1. 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.
2. Determine if the act or omission from which the civil liability might
arise did not exist.
 EFFECT OF FAILURE TO OBJECT ON
DEFECTIVE COMPLAINT OR INFORMATION

If 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.
Section 3, Rule 120
 VARIANCE DOCTRINE
(Section 4 and 5, Rule 120)
A. Accused is convicted of a different crime or offense
B. The offense as charged is included in or necessarily includes the offense
proved.
 OFFENSE CHARGED INCLUDES
OFFENSE PROVEN
Essential elements or ingredients of the offense CHARGED are almost
IDENTICAL
Example: When a single offense maybe punishable under the Revised Penal
Code or Special Law.
Charged: Physical Abuse under RA 9262 (VAWC)
Proven: Physical Injuries under RPC
 OFFENSE CHARGED IS NECESSARILY
INCLUDED IN THE OFFENSE PROVED
Essential ingredients of the offense CHARGED constitute or form a part
of those constituting offense PROVEN
Example:
CHARGED: Murder (killing with qualifying circumstances)
PROVEN: Homicide (killing absent any qualifying circumstance)
 PROMULGATION
(Section 6, Rule 120)
Reading judgment in the presence of the accused and any judge of the court in
which it was rendered.

For a light offense:

a. accused need not be present the judgment may be pronounced in the presence
of his counsel or representative.
b. when the judge is absent or outside of the province or city, the judgment may be
promulgated by the clerk of court.
 PROMULGATION IF ACCUSED IS CONFINED OR
DETAINED SOMEWHERE ELSE
(another city, province)
A. 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.

B. The court promulgating the judgment shall have authority to accept the notice of
appeal and to approve the bail bond pending appeal; if the conviction changed the nature
of the offense from non-bailable to bailable, the application for bail can only be filed
and resolved by the appellate court.
Section 6, Rule 120
 NOTICE OF PROMULGATION
Clerk of court to notify the accused personally or through his bondsman or
warden and counsel, requiring him to be present during promulgation of the
decision.

If accused tried in absentia: notice sent to accused’s last known address.

Section 6, Rule 120

 EFFECT OF ACCUSED’S FAILURE TO
APPEAR DURING PROMULGATION
A. Judgment shall be recorded the judgment in the criminal docket and serve a copy to
accused’s last known address or thru his counsel.
B. If convicted and failed 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.
Section 6, Rule 120
 RULE ON IMMUTABILITY OF
FINAL JUDGMENTS
(A definitive final judgment, however erroneous, is no longer subject to change or revision)

Exception: (1) the correction of clerical errors, (2) the so-called nunc pro tunc entries which
cause no prejudice to any party, and (3) void judgments.
Nunc pro tunc judgments have been defined and characterized by the Court in the following
manner:
The objective is not the rendering of a new judgment and the ascertainment and
determination of new rights, but is one placing in proper form on the record, the judgment that
had been previously rendered, to make it speak the truth, so as to make it show what the
judicial action really was, not to correct judicial errors, such as to render a judgment which the
court ought to have rendered, in place of the one it did erroneously render, nor to supply non-
action by the court, however erroneous the judgment may have been. Section 7, Rule 120
 HOW ARE JUDGMENTS ENTERED?
(Section 8, Rule 120)

Under Section 2, Rule 36 of the Rules of Court:

If no appeal or motion for new trial or reconsideration is filed: judgement
(dispositive portion) will be entered by the clerk in the book of entries of
judgments. The date of finality of the judgment or final order- the date of its
entry.
 RULE 121
New Trial or Reconsideration
Section 1. New trial or reconsideration. — At any time before a judgment of
conviction becomes final, the court may, on motion of the accused or at its
own instance but with the consent of the accused, grant a new trial or
reconsideration.
 WHEN TO FILE and HOW?
BEFORE a judgment of conviction becomes FINAL:
1. ON MOTION OF ACCUSED
2. MOTU PROPRIO (at the instance of the court)
 GROUNDS FOR TRIAL DE NOVO
(Section 2, Rule 121)

(a) ERRORS OF LAW OR IRREGULARITIES prejudicial to the

substantial rights of the accused committed during the trial;

(b) NEW AND MATERIAL EVIDENCE 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 judgment.
 GROUNDS FOR RECONSIDERATION
(Section 3, Rule 121)
ERRORS OF LAW OR FACT IN THE JUDGMENT- no further
proceedings required.
 FORM
(Section 4, Rule 121)
1. WRITTEN
2. GROUNDS on which it is based.
If based on a newly-discovered evidence- must be supported by
affidavits of witnesses or by duly authenticated copies of documents which
are proposed to be introduced in evidence.
3. NOTICE to the prosecutor.
 HEARING REQUIRED ON MOTION
(Section 5, Rule 121)
Question of fact: the court may hear evidence thereon by affidavits or
otherwise.
 EFFECT IF MOTION IS GRANTED
(Section 6, Rule 121)
(a) IF granted on the ground of errors of law or irregularities committed- all
proceedings and evidence affected thereby shall be set aside and taken anew.
In the interest of justice, allow the introduction of additional evidence.
(b) IF granted on the ground of newly-discovered evidence, the evidence
already adduced shall stand and the newly-discovered and such other
evidence shall be taken and considered together with the evidence already in
the record.
(c) REVERSAL of original judgment.
 RULE 122:
Appeal
Section 1. Who may appeal. — Any party may appeal from a judgment or
final order, unless the accused will be placed in double jeopardy.
 APPEAL and HIERARCHY OF COURTS
(Section 2, Rule 122)
Supreme Court
Death Penalty,
Reclusion
Court of Appeals Perpetua and
Life
Imprisonment
Regional Trial Court

Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court,
or Municipal Circuit Trial Court
 HOW APPEAL FROM MTC TO RTC and
RTC to CA

A. BY filing a NOTICE OF APPEAL on the court which rendered the

judgment or final order;
B. SERVICE of copy of the NOTICE upon the adverse party.
Section 3, Rule 122
HOW APPEAL TAKEN FROM RTC to CA in
the exercise of RTC’s Appellate Jurisdiction

BY Petition for Review under Rule 42

Section 3, Rule 122
Petition for Review From the Regional Trial Courts to the Court of Appeals under Rule 42

Section 1. How appeal taken; time for filing. — A party desiring to appeal from a decision of the
Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition
for review with the Court of Appeals, paying at the same time to the clerk of said court the
corresponding docket and other lawful fees. The petition shall be filed and served within fifteen (15)
days from notice of the decision sought to be reviewed or of the denial of petitioner's motion for
new trial or reconsideration filed in due time after judgment. Upon proper motion and the payment of
the full amount of the docket and other lawful fees and the deposit for costs before the expiration of
the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days
only within which to file the petition for review. No further extension shall be granted except for the
most compelling reason and in no case to exceed fifteen (15) days.
HOW APPEAL TAKEN FROM RTC-SC
If penalty imposed by the Regional Trial Court (in its appellate jurisdiction) is death,
reclusion perpetua, or life imprisonment, or where - by filing a NOTICE OF APPEAL.
EXCEPTION: AUTOMATIC REVIEW No notice of appeal is necessary in cases where
the death penalty is imposed by the Regional Trial Court ( in its original jurisdiction)
EXCEPTION TO EXCEPTION: Petition for Review on Certiorari under Rule 45- All
other appeals (where imposed penalty is not death, reclusion perpetua, or life
imprisonment) to the Supreme Court
Section 3, Rule 122
 Appeal by Certiorari to the Supreme Court
Under Rule 45

Section 1. Filing of petition with Supreme Court. — A party desiring to

appeal by certiorari from a judgment or final order or resolution of the Court
of Appeals, the Sandiganbayan, the Regional Trial Court or other courts
whenever authorized by law, may file with the Supreme Court a verified
petition for review on certiorari. The petition shall raise only questions of
law which must be distinctly set forth.
 SERVICE BY MAIL or PUBLICATION OF
NOTICE OF APPEAL

If personal service of the copy of the notice can not be made upon the
adverse party or his counsel
Section 4, Rule 122
 WAIVER OF NOTICE

The appellate court may, in its discretion, entertain an appeal

notwithstanding failure to give such notice if the interests of justice so
require.
Section 5, Rule 122
 PERIOD TO APPEAL
(Section 6, Rule 122)

Fifteen (15) days from promulgation of the judgment or from notice of the final
order appealed from.

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).
 TRANSCRIPTS OF PROCEEDINGS
NEEDED
The trial court shall direct the stenographer to transcribe his notes of the proceedings. The
stenographic reporter shall certify to the correctness of the notes and the transcript thereof,
which shall consist of the original and four copies, and shall file the original and four
copies with the clerk without unnecessary delay.

If death penalty is imposed, within thirty (30) days from promulgation of the sentence the
original and four copies of the duly certified TSN should filed with the clerk. No extension
of time shall be granted except by the Supreme Court and only upon justifiable grounds.
Section 7, Rule 122
 PERIOD TO TRANSMIT COMPLETE
RECORDS

Within five (5) days from the filing of the notice of appeal, the complete
record of the case should be transmitted to the appellate court together with
said notice. The original and three copies of the transcript of stenographic
notes, together with the records, shall also be transmitted to the clerk of the
appellate court without undue delay. The other copy of the transcript shall
remain in the lower court.
Section 8, Rule 122
Upon receipt of the complete record of the case, transcripts and exhibits, the
clerk of court of the Regional Trial Court shall notify the parties of such fact.
Section 9, Rule 122
 SUBMISSION OF MEMORANDUM BY
THE PARTIES

Within fifteen (15) days from receipt of the said notice. After the submission
of such memoranda or briefs, or upon the expiration of the period to file the
same- the Regional Trial Court shall decide the case on the basis of the
entire record of the case and of such memoranda or briefs.
Section 9, Rule 122
 IN CASE OF DEATH PENALTY

The records shall be forwarded to the Supreme Court for automatic review and
judgment within five (5) days after the fifteenth (15) day following the
promulgation of the judgment or notice of denial of a motion for new trial or
reconsideration.
The transcript shall also be forwarded within ten (10) days after the filing
thereof by the stenographer.
Section 10, Rule 122
 EFFECT OF APPEAL BY ANY OF
SEVERAL ACCUSED
An appeal taken by one or more of several accused shall not affect those who
did not appeal, EXCEPT insofar as the judgment of the appellate court is
favorable and applicable to the latter.
Appeal on the civil aspect shall not affect the criminal aspect of the judgment
or order appealed from.
The execution of the judgment or final order appealed from shall be stayed as
to the appealing party.
Section 11, Rule 122
 WITHDRAWAL OF APPEAL and EFFECT
(Section 12, Rule 122)
DONE before the record has been forwarded by the clerk of court to the proper appellate
court by filing appropriate motion.

The Regional Trial Court (in its appellate jurisdiction) may also, in its discretion, allow the
appellant to withdraw his appeal, provided a motion to that effect is filed before rendition
of the judgment in the case on appeal.

EFFECT: The judgment of the court of origin shall become final and the case shall be
REMANDED to the court of origin for execution of the judgment.
 COUNSEL DE OFFICIO ON APPEAL
(Section 13, Rule 122)
If confined in prison and if accused desires the Regional Trial Court, Court
of Appeals or the Supreme Court to appoint a counsel de oficio to defend
him and to transmit with the record on a form to be prepared by the clerk of
court of the appellate court, a certificate of compliance with this duty and of
the response of the appellant to his inquiry.
 RULE 126:
Search and Seizure
Section 1. Search warrant defined. — A search warrant is an order in writing
issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. (1)
 FORM and SUBSTANCE
A. WRITTEN order
B. ISSUED in the name of the People of the Philippines;
C. SIGNED by a judge;
D. DIRECTED to a peace officer;
E. COMMAND to search for personal property described therein and
bring it before the court.
 WHERE TO APPLY?
(Section 2, Rule 126)
a) Any court within whose territorial jurisdiction a crime was committed.

b) For compelling reasons stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the crime is
known, or any court within the judicial region where the warrant shall be enforced.

c) If the criminal action has already been filed- the application shall only be made in
the court where the criminal action is pending.
 WHAT SHOULD BE SEIZED?
(Section 3, Rule 126)
PERSONAL PROPERTY:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense
 REQUIREMENTS FOR APPLICATION
(Section 4, Rule 126)
A search warrant shall not be issued except upon probable cause in connection
with one specific offense.

Determined PERSONALLY by the judge after examination under oath or

affirmation of the complainant and the witnesses he may produce.

PARTICULARLY describing the place to be searched and the things to be seized.

 PERSONAL EXAMINATION
CONDUCTED BY THE JUDGE

Before issuing the warrant, the judge must personally examine in the form
of searching questions and answers, in writing and under oath, the
complainant and the witnesses he may produce on facts personally known to
them and attach to the record their sworn statements, together with the
affidavits submitted.
Section 5, Rule 126
 FORM OF SEARCH WARRANT
(Section 6, Rule 126)

One OFFENSE, One SEARCH WARRANT.

One Search Warrant, One Place of Search.
All properties and place to be searched should be particularly described.
 VALID INTRUSION
(Section 7, Rule 126)
The officer, if refused admittance to the place of directed search after giving
notice of his purpose and authority, may break open any outer or inner door
or window of a house or any part of a house or anything therein to execute
the warrant or liberate himself or any person lawfully aiding him when
unlawfully detained therein.
 TWO-WITNESS RULE
(Section 8, Rule 126)

No search of a house, room, or any other premise shall be made except in

the presence of the lawful occupant thereof or any member of his family.

In their absence, two witnesses of sufficient age and discretion residing in

the same locality.
 WHEN TO SERVE WARRANT?
(Section 9, Rule 126)

In the day time, unless the affidavit asserts that the property is on the person
or in the place ordered to be searched, in which case a direction may be
inserted that it be served at any time of the day or night.
 VALIDITY OF SEARCH WARRANT
(Section 10, Rule 126)
Ten (10) days from its date of issuance. Thereafter it shall be void.
RECEIPT OF INVENTORY OF PROPERTY
SEIZED
The officer seizing property under the warrant must give a detailed receipt
for the same to the lawful occupant of the premises in whose presence the
search and seizure were made, or in the absence of such occupant, must, in
the presence of at least two witnesses of sufficient age and discretion
residing in the same locality, leave a receipt in the place in which he found
the seized property.
(Section 11, Rule 126)
 DELIVERY OF PROPERTY, INVENTORY
and RETURN OF SEARCH WARRANT
The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.
RETURN should be made within Ten (10) days after issuance of the search warrant-
it shall be filed and kept by the custodian of the log book on search warrants who shall
enter therein the date of the return, the result, and other actions of the judge.
If no return has been made, judge shall summon the person to whom the warrant was
issued and require him to explain why no return was made.
Section 12, Rule 126
 FAILURE TO MAKE A RETURN
A violation of this section shall constitute CONTEMPT OF COURT.
Section 12, Rule 126
 SEARCH INCIDENT
TO LAWFUL ARREST
A person lawfully arrested may be searched for dangerous weapons or
anything which may have been used or constitute proof in the commission of
an offense without a search warrant.
(Section 13, Rule 126)
 MOTION TO QUASH A SEARCH
WARRANT OR TO SUPPRESS EVIDENCE
Where to file?
A. Where the action has been instituted.
B. If no criminal action has been instituted, the motion may be filed in and
resolved by the court that issued the search warrant. If such court failed
to resolve the motion and a criminal case is subsequent filed in another
court, the motion shall be resolved by the latter court.
Section 14, Rule 126
 RULE 127
Provisional Remedies in Criminal Cases
Section 1. Availability of provisional remedies. — The provisional remedies
in civil actions, insofar as they are applicable, may be availed of in
connection with the civil action deemed instituted with the criminal action.
(1a)
 ATTACHMENT
(Section 2, Rule 127)
The offended party may have the property of the accused attached as security for the satisfaction of
any judgment that may be recovered from the accused in the following cases:
(a) When the accused is about to abscond from the Philippines;
(b) When the criminal action is based on a claim for money or property embezzled or
fraudulently misapplied or converted to the use of the accused who is a public officer, officer of a
corporation, attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by
any other person in a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or disposed of his property, or is about to do so;
and
(d) When the accused resides outside the Philippines.