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Modification Of Judgment


Section 7. Modification of judgment

Upon motion of the accused, a judgment of conviction may be modified
or set aside before it becomes final or before appeal is perfected.

NOTE: The prosecutor cannot ask for the modification of the judgment,
because the rules are clear that modification is only upon motion of
the accused.

FINALITY OF JUDGMENT
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
4. Accused has applied for probation.

NOTE: When the Death Penalty is imposed by the trial court, the SC
automatically reviews the decision.

Modification of Civil Aspect of Case
   - The trial court may validly modify the civil aspect of its decision
     within 15 days from promulgation thereof even though an appeal
     from the judgment had already be perfected by the accused.

WHEN TRIAL COURT MAY LOSE JURISDICTION
EVEN BEFORE LAPSE OF 15 DAYS
1. defendant voluntarily submits to the execution of the judgment
2. defendant perfects an appeal
3. defendant withdraws his appeal
4. accused expressly waives in writing his right to appeal
5. accused files for probation



Section 8. Entry of judgment

How Entry of Judgment is Made
   - The recording of the judgment or order in the book of entries of
     judgments shall constitute its entry. The record shall contain the
     dispositive portion or order and shall be signed by the clerk of
     court with a certificate that such judgment or order has become
     final and executory.

MITTIMUS
   - It is a process issued by the court after conviction to carry out
     the final judgment.



Section 9. Existing provisions governing suspension of sentence, 
probation and parole not affected by this Rule

Exceptions For Suspension Of Sentence Of Youthful Offenders
1. offender has enjoyed previous suspension of sentence
2. offender is convicted of crime punishable by death or life imprisonment
3. offender is convicted by a military tribunal
4. offender is already of age at the time of sentencing even if he
   was a minor at the time of the commission of the crime

PROBATION
   - The period to file an application for probation is after the
     accused shall have been convicted by the trial court and within
     the period for perfecting an appeal.

     Probation is a mere privilege and is revocable before
     final discharge of the probationer by the court.

     The basis of the coverage of the Probation Law is gravity of the
     offense. Fixing the cut-off at a maximum term of 6 years
     imprisonment is based on the assumption that those sentenced to
     higher penalties pose too great a risk to society, not just
     because of their demonstrated capability for serious
     wrongdoing but because of the gravity of serious consequences of
     the offense they might further commit.

     OFFENDERS DISQUALIFIED FROM PROBATION
     1. Those sentenced to serve a maximum term of imprisonment of
        more than 6 years
     2. Those charged with subversion or any crime against national
        security or public order
     3. Those previously convicted by final judgment of an offense
        punished by imprisonment not less than 1 month and 1 day and/or
        a fine not less than P200
     4. Those who have been once on probation
     5. Those who are already serving sentence at the time the
        Probation Law of 1976 became applicable

     WHEN THE COURT SHOULD DENY PROBATION
     1. Offender is in need of treatment that can be provided most
        effectively by his commitment to an institution
     2. There is an undue risk that offender will commit another
        crime during the period of probation
     3. When probation will depreciate the seriousness of the crime

     Sentence Imposed                   Period Of Probation
     1. Not more than 1 year             Not more than 2 years
     2. More than 1 year                   Not more than 6 years
     3. Fine only, but offender         At least equal to the
        serves subsidiary                      number of days of
        imprisonment                           subsidiary imprisonment
                                                         but not more than twice
                                                         such period





















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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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