This document discusses various aspects of criminal procedure judgments, emphasizing the definition, validity requirements, and implications of judgments in criminal cases. Key topics include the necessity of written judgments, the principles of acquittal versus dismissal, and the process of promulgating judgments, as well as rules regarding probation and treatment of youthful offenders. It highlights that proof beyond reasonable doubt is essential for conviction and discusses the implications of acquiring finality in judgments.

1. BY; CHELDY SYGACO ELUMBA-PABLEO,MPA,LLB
CRIMINAL PROCEDURE

2. JUDGMENT
• Is broadly defined as the decision or the sentence of the law given by a
court or other tribunal as the result of the proceedings instituted
therein 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.
• It is the law’s final word pronounces by a competent authority in a
controversy submitted to it.

3. VERBAL ORDER OF ACQUITTAL OR
DISMISAL INVALID
• Judgment in a criminal case must be written in the official
language, personally and directly by the judge and signed by
him and shall contain clearly and distinctly a statement of the
facts proved or admitted by the accused and the aw upon which
such judgement is based.
• A verbal judgment does not meet the requirement making it
invalid and without legal force or effect.

4. PROOF BEYOND REASONABLE DOUBT
• The requirement of proof beyond reasonable doubt calls for MORAL
CERTAINTY of guilt.
• It is such proof to the satisfaction of the court, keeping in mind the
presumption of innocence, as precludes every reasonable hypothesis
except which it is given to support it.
• IN SHORT, it is not only the right of the accused to be freed, it is the
court’s constitutional duty to acquit him.

5. ACQUITTAL
• Is finding of not guilty based on the merits, that is, the
accused is ACQUITTED because the evidence does not
show that his guilt is beyond reasonable doubt, or a
DISMISSAL OF THE CASE after the prosecution has
rested its case and upon motion of the accused on the
ground that the evidence fails to show beyond doubt that
the accused is guilty.

6. ACQUITTAL
• Dismissal of a criminal case upon the motion of the accuses
for violation of the accused’s right to speedy trial amounts to
an acquittal and his subsequent indictment for the same
offense would put him on double jeopardy.
• The dismissal is equivalent to acquittal.

7. ACQUITTAL VS DISMISSAL
• ACQUITTAL is always based on the merits, that is, the accused is
acquitted because the evidence does not show that his guilt was proved
beyond reasonable doubt.
• DISMISSAL as a rule, terminates the case, but it is not on the merits
and no finding of guilt is made, either because the court is not a court of
competent jurisdiction, or the evidence does not show that offense was
committed within the territorial jurisdiction of the court, or the
complaint or information is not valid or sufficient in form and in
substance.

8. ACQUITTAL ON REASONABLE DOUBT DOES
NOT BAR CIVIL ACTION ON QUASI-DELICT
• An acquittal of an accused based on reasonable grounds does not bar
the offended party from filing a separate civil action based on quasi-
delict.
• An acquittal EXTINGUISHES civil liability ONLY when the
judgement includes a declaration that the facts from which the civil
liability might arise did not exist.

9. JUDGEMENT OF CONVICTION BECOMES
FINAL
• It becomes final after the lapse of the period
for perfecting an appeal, when the sentence
has been partially or totally satisfied or
served, or the accused has expressly waived in
writing his right to appeal or he applies for
probation.

10. JUDGEMENT OF CONVICTION BECOMES
FINAL
• Before the judgment of conviction becomes final, the court
has the plenary power to make, either on motion of one of
the parties, or motu proprio , such amendments or
alteration as it may deem best, within the frame of law, to
promote the ends of justice.
• THEREAFTER, the trial court is divested of authority to
amend or alter the judgment , EXCEPT to clerical errors.

11. JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
• GENERAL RULE: When there is variance between the
offense charged in the complaint or information, and that
proved, 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 the offense charged which is included
in the offense proved.

12. JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
• IN SHORT: when a person is charged with a crime and
the evidence does not show that he is guilty of the crime
charged, but does show that he is guilty of some lesser
offense, the court may sentence him for the lesser offense
PROVIDED the lesser offense is cognate offense and is
included in the complaint or information files in court.

13. JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
• EXCEPTION: accused may be convicted of the
offense proved included in that which is charged,
or of the offense charged include which is proved,
does not apply where facts supervened after the
filing of information which changed the nature of
the offense.

14. JUDGEMENT IN CASE OF VARIANCE
BETWEEN ALLEGATION AND PROOF
• EXAMPLE: charged filed is frustrated murder,
later on the victim died. The information or
complaint should be amended into murder
otherwise the conviction will still lie on the
charge of frustrated murder as the case may
be.

15. STATE’S LIABILITY FOR UNJUST
CONVICTION
• R.A.No. 7309 created a Board of Claims under the Department
of Justice to receive, evaluate, process and investigate claims of
unjust imprisonment or detention and victims of violent crimes.
• Any person may file claim for compensation is “any person who
was UNJUSTLY accused, convicted, imprisoned, but
subsequently released by virtue of a judgement of acquittal.”

16. PROMULGATION OF JUDGEMENT
• Is an official proclamation or announcement the decision of the court.
• REQUISITES:
1. Filing of the decision with, and receipt thereof by, the clerk of court and
entering or recording the same in criminal docket. (indispensable)
2. Reading the judgement or sentence in the presence of the accused and
the judge of the court who rendered it, or if notwithstanding due notice
to him in his last known address or his bondsman and his counsel if he
fails on his promulgation.

17. PROMULGATION OF JUDGEMENT
• The presence of the accused is MANDATORY in all cases:
1. Except where the conviction is for light offense;
2. Except where the judgement is for acquittal, either of which the accused
may appear through counsel or representative.
• The ABSENCE OF THE COUNSEL is not a violation of a substantial right
of the accused, and will not affect the validity of the promulgation of the
judgement.

18. PROMULGATION OF JUDGEMENT WHERE
JUDGE IS ABSENT
• FOR LIGHT OFFENSE: (if the judge is absent or out of
the province) the clerk of court may promulgate the
same.
• FOR GRAVE OFFENSE: the promulgation may be
assigned or transfered to other court of equal
jurisdiction.

19. MODIFICATION OF JUDGEMENT
• The court has the power to modify its judgement of conviction, on it own and
without notice to the either party, on the basis of the evidence in the records,
so long as the judgement has not become final, as it still has jurisdiction over
the case.
• Within the period of appeal, UNLESS waives his right to appeal or accepts
the judgement and starts serving the sentence, in which the judgement
becomes final, the trial court may still modify or set aside such judgement of
conviction, without placing the accused twice in jeopardy.

20. ENTRY OF JUDGEMENT
• If no appeal or motion for new trial or reconsideration is filed within the
time provided in these Rules, the judgement or final order shall forthwith
be entered by the clerk in the book of entries of judgement.
• The date of finality of the judgment or final order shall be deemed to be
the date of its entry.
• The record shall contain the dipositive part of the judgement or final
order and shall be signed by the clerk, with a certificate that such
judgement or final order has become final and executory.

21. RULES ON PROBATION
• Application for probation is after the accused shall have been
convicted by the trial court and within the period of perfecting an
appeal.
• An accused convicted of a crime with a penalty not exceeding 6 years
may apply for probation except when he is disqualified.
• It is a mere privilege. Thus, if the probationer is unrepentant, the
state is not bared from revoking the same.

22. RULES ON PROBATION
• Probation is revocable before final discharge of the probationer
by the court. Thus, the expiration of the probation period alone
does not automatically terminates probation.
• Not coterminous with its period. Thus there must first be issued
by the court and recommendation of the probation officer.—
ONLY from such issuance can the probationer be deemed
terminated.

23. RULES ON PROBATION
• The period of probation may either be shortened or made
longer, but not to exceed the period set in the law.
• It only affects on the criminal liability of the case as it
merely provides for the suspension of the sentence, and has
no bearing on civil liability.

24. RULES ON PROBATION
• A MAJOR ROLE is played by the probation officer in the
release of the probationer because he is the one in the best
position to report all information relative to the conduct
and mental and physical condition of the probationer in
his environment, and the existing institutional and
community resources that he may avail himself of when
necessary.

25. SUSPENSION OF SENTENCE OF YOUTHFUL
OFFENDER
• A child, minor or youth including one who is emancipated in
accordance with the law, who is over 9 year old but below 18 years
of age at the time of the commission of the crime shall be exempt
from criminal liability and shall be committed to the care of his
parents or nearest relative, or family friend or to the DSWD
program in the discretion of the court and subject to its supervision
UNLESS he acted with discernment.

26. THANK YOU FOR READING!
CHELDHAYE