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Judgment Definition And Form


Section 1. Judgment; definition and form

JUDGMENT
   - It is an adjudication by the court that the accused is guilty or
     not guilty of the offense charged and the imposition of the proper
     penalty and civil liability, if any. It is a judicial act which
     settles the issues, fixes the rights and liabilities of the
     parties, and determines the proceeding, and is regarded as the
     sentence of the law pronounced by the court on the action or
     question before it.

REQUISITES OF A JUDGMENT:
1. Written in official language
2. Personally and directly prepared by the judge
3. Signed by him
4. Contains clearly and distinctly a statement of the facts and the
   law upon which it is based.

A verbal order does not meet the requisites. As such, it can be
rescinded without prejudicing the rights of the accused. It has no
legal force and effect.

If judgment is not put in writing, the proper remedy would be to file
a petition for mandamus to compel the judge to put in writing the
decision of the court.

Article VIII, Section 14, par. 1 of the Constitution requires that
the decisions of the court shall contain the facts and the law on
which they are based. The rationale is that the losing party is
entitled to know why he lost, so he may appeal to a higher court.

The judge who penned the decision need not be the one who heard the
case. The judge can rely on the transcript of stenographic notes
taken during the trial.



Section 2. Contents of judgment

CONTENTS OF A JUDGMENT OF CONVICTION:
1. The legal qualifications of the offense constituted by the acts
   committed by the accused and the aggravating and mitigating
   circumstances which attended its commission.
2. Participation of the accused either as principal, accomplice
   or accessory
3. Penalty imposed on the accused
4. Civil liability or damages, if any, unless a separate civil action
   has been reserved or waived.

Alternative Penalties
   - A judge cannot impose alternative penalties (reclusion perpetua or
     P10,000 fine) because this would allow the accused to choose which
     penalty to serve, giving the accused discretion properly belonging
     to the court.

CONTENTS OF A JUDGMENT OF ACQUITTAL:
1. Whether the evidence absolutely failed to prove the guilt of the
   accused or merely failed to prove it beyond reasonable doubt
2. If the act or omission from which civil liability may arise did
   not exist

Barbers vs Laguio, Jr., 351 SCRA 606 (2001)
   - It is well settled that acquittal, in a criminal case is
     immediately final and executory upon its promulgation, and that
     accordingly, the State may not seek its review without placing
     the accused in double jeopardy.

Effect of Acquittal on Civil Liability
   - Acquittal of an accused based on reasonable ground does not bar
     the offended party from filing a separate civil action based on
     a quasi-delict. In fact, the court may hold an accused civilly
     liable even when it acquits him.











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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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