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.
Section 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
 (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:
a) absolutely failed to prove the
guilt of the accused or
b) 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.
•Section 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.
•Section 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.
•Section 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 a part of
those constituting the latter. (5a)
Section 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 of 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 appellate
court.
•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 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.
•Section 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.
•Section 8. Entry of
judgment. —
•After a judgment has become
final, it shall be entered in
accordance with Rule 36.
•Section 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. (9a)