Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Define “judgment.” | 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. (SEC. 1) |
| [2] What is the required form for the 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. (SEC. 1) |
| [3] Complete the following: 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 _____________________ which attended its commission; (2) the __________ participation of the accused in the offense, whether as _____________________; (3) the __________ upon the accused; and (4) the ________________ caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the ____________________. | 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; 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. (SEC. 2) |
| [4] Complete the following: In case the judgment is of acquittal, it shall state whether the evidence of the prosecution ___________________ or ___________________. In either case, the judgment shall determine if the act or omission from which the __________ did not exist. | In case the judgment 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 judgment shall determine if the act or omission from which the civil liability might arise did not exist. |
| [5] What if 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. (SEC. 3) |
| [6] What if there is variance between the offense charge 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 (1) the offense proved which is included in the offense charged, or (2) the offense charged which is included in the offense proved. (SEC. 4) |
| [7] Complete the following: An offense charged ________________ when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. (SEC. 5) | 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. (SEC. 5) |
| [8] Complete the following: And an offense charged_____________________, when the essential ingredients of the former constitute or form part of those constituting the latter. (SEC. 5) | And 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. (SEC. 5) |
| [9] How is judgment promulgated? | The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. (SEC. 6) |
| [10] How is judgment promulgated if the conviction is for a light offense? | The judgment may be pronounced in the presence of his counsel or representative. (SEC. 6) |
| [11] How is judgment promulgated when the judge is absent or outside the province or city? | The judgment may be promulgated by the clerk of court. (SEC. 6) |
| [12] How is judgment promulgated 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. (SEC. 6) |
| [13] Complete the following: The court promulgating the judgment shall have authority to accept the __________ and to approve the __________; provided, that if the decision of the trial court convicting the accused _____________________, the application for bail can only be filed and resolved by the appellate court. (SEC. 6) | 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. (SEC. 6) |
| [14] 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. What if the accused was tried in absentia because he jumped bail or escaped from prison? | The notice to him shall be served at his last known address. (SEC. 6) |
| [15] How is promulgation made 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. (SEC. 6) |
| [16] The judgment is for conviction and the failure of the accused to appear was without justifiable cause. What are the consequences? | The accused will lose the remedies available in these rules against the judgment and the court will order his arrest. (SEC. 6) |
| [17] The judgment was for conviction and the failure of the accused to appear was without justifiable cause. Consequently, he lost the remedies available in these rules against the judgment and the court ordered his arrest. What remedies, if any, can the accused avail of? | 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. (SEC. 6) |
| [18] When may a judgment be modified or set aside? | A judgment of conviction may, upon motion of the accused, be modified or set aside (1) before it becomes final or (2) before appeal is perfected. (SEC. 7) |
| [19] Except where the death penalty is imposed, when does a judgment become final? | A judgment becomes final (1) after the lapse of the period for perfecting an appeal, or (2) when the sentence has been partially or totally satisfied or served, or (3) when the accused has waived in writing his right to appeal, or has applied for probation. (SEC. 7) |