Section 3. Judgment for two or more offenses
Prohibition on Duplicitous Information & Waiver
- A complaint or information must charge only one offense. However,
if the accused does not object to the duplicity before he enters
his plea, he is deemed to have waived the defect. He may be found
guilty for as many offenses as alleged in the complaint or
information as may have been duly proved.
- In the service of sentence, the maximum duration of the sentence
shall not be more than 3-fold the time of the most severe penalty
imposed, and such maximum shall in no case exceed 40 years.
Section 4. Judgment in case of variance between allegation and proof
- The accused may only be convicted of a crime that is both
charged and proved.
EXCEPTION: If there is variance between the crime charged and
the crime 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.
In other words, if there is variance, the accused can only be
convicted of the lesser offense which is included in the graver
Section 5. When an offense includes or is included in another
Inclusion of Offenses
- An offense charged necessarily includes the offense proved when
some of the essential elements or ingredients of the former
constitute the latter.
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.
Section 6. Promulgation of judgment
PROMULGATION OF JUDGMENT IN CRIMINAL CASES
- It is the reading of the judgment or sentence in the presence of
the accused and the judge of the court who rendered it.
Rules on Promulgation of Judgment
- Judgment must be rendered and promulgated during the incumbency
of the judge who signed it.
The judgment must be read in its entirety for double jeopardy to attach.
The presence of counsel during promulgation is not necessary.
Generally, the accused must be present during promulgation of judgment.
(but see the following exceptions to this general rule)
INSTANCES OF PROMULGATION IN ABSENCIA
1. Judgment is for a light offense, in which case judgment may be
promulgated in he presence of counsel for the accused or a
2. Accused fails to attend the promulgation despite due notice or if
he jumped bail or escaped form prison. Notice must be given to
the bondsmen, warden, accused’s bailor and counsel.
How Promulgation In Absencia is Conducted
- Promulgation shall be made by recording the judgment in the
criminal docket and serving the accused a copy thereof at his last
known address or through his counsel.
If judgment is one of conviction and the accused is absent without
justifiable cause, the court shall order his arrest and he shall
lose the remedies available in the Rules against the judgment.
However, the accused may surrender and file a motion for leave of
court to avail of these remedies within 15 days from promulgation
of judgment. If such motion is granted, he may avail of these
remedies within 15 days from notice of such order granting the