RULE 120

JUDGMENT
GENERAL RULE: Presence of the Accused is required during the promulgation of
JUDGMENT judgment.
EXCEPTIONS TO THE GENERAL RULE:
- It is an adjudication by the court that the accused is guilty or not guilty of the 1. In case of acquittal;
offense charged and the imposition of the proper penalty and civil liability, if 2. Conviction of light offense wherein the judgment may be pronounced in the presence of
any. the accused’s counsel or representative; and
- It is a judicial act which settles the issues, fixes the rights and liabilities of the 3. Promulgation of judgment when the accused was tried in absentia.
parties, and is regarded as the sentence of the law pronounced by the court on
the action or question before it (Sec. 1, Rule 120). Promulgation in absentia shall be made by:
REQUISITES OF A JUDGMENT (SEC 1 RULE 120) 1. Recording the judgment in the criminal docket; and
1. Written in official language; 2. Serving the accused a copy thereof at his last known address or through his counsel.
2. Personally and directly prepared by the judge;
3. Signed by the judge; and FINALITY OF JUDGMENT
4. Contain clearly and distinctly a statement of the facts and the law upon which it is A Judgment becomes Final when:
based. 1. After the lapse of time for perfecting an appeal;
2. When the sentence has been partially or totally satisfied;
NOTE: Conviction in Criminal Cases must be based on “GUILT BEYOND REASONABLE 3. When the accused has expressly waived in writing his right to appeal; and
DOUBT.” 4. When the accused has applied for probation

REASONABLE DOUBT RULE 121

Reasonable doubt is defined as the state of the case which, after full NEW TRIAL OR RECONSIDERATION
consideration of all evidence, leaves the mind of the judge in such a condition that he
cannot say that he feels an abiding conviction to a moral certainty of the truth of the SECTION 1: At any time before a judgment of conviction becomes final, the court may,
charge. on motion of the accused or at its own instance but with the consent of the accused,
grant a new trial or reconsideration.
ACQUITTAL NOTE: The Motion for New Trial or Motion Reconsideration must be made within fifteen
An acquittal is a finding of not guilty based on the MERITS, that is, the accused (15) days from the promulgation of judgment.
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 upon motion GROUNDS FOR NEW TRIAL:
of the accused on the ground that the evidence fails to show beyond reasonable doubt 1. The errors of law or irregularities prejudicial to the substantial rights of the
that the accused is guilty. accused have been committed during the trial; and/or
2. The new and material evidence has been discovered which the accused could not
NOTE: It is well settled that acquittal, in a criminal case is immediately final and executor with reasonable diligence have discovered and produced at the trial and which if
upon its promulgation, and that accordingly, the State may not seek its review without introduced and admitted would probably change the judgment.
placing the accused in double jeopardy.
GROUNDS FOR MOTION FOR RECONSIDERATION:
PROMULGATION OF JUDGMENT
It is the official proclamation or announcement of judgment. It consists of 1. Errors of Law; and/or
reading the judgment or sentence in the presence of the accused and any judge of the 2. Errors of Fact
court rendering the judgment. EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION:
A judgment is promulgated by reading it in the presence of the accused and any In all cases, when the court grants a new trial or reconsideration, the original judgment
judge of the court which rendered it. shall be set aside or vacated and a new judgment rendered accordingly.
 stated therein into custody so that he judge and directed to the peace officer to
may be bound to answer for the search personal property described
RULE 126 commission of the offense. therein and to bring it to court.
SEARCH AND SEIZURE
Does not become stale (Does not expire) Validity is for 10 days only
SEARCH WARRANT
May be served on any day and at any To be served only in daytime unless the
A search warrant is an order in writing issued in the of the People of the
time of day or night. affidavit alleges that the property is on
Philippines, signed by the judge and directed to a peace officer, commanding him to
the person or in the place to be searched.
search for personal property described therein and bring it before the court.
Searching examination of witnesses is Must personally conduct an examination
NOTE: The warrant MUST name the person upon whom it is to be served EXCEPT in not necessary of the complainant and the witnesses
those cases where it contains a DESCRIPTIO PERSONAE such as will enable the officer to
identify the person. The description must be sufficient to indicate clearly the proper Judge is merely called upon to examine Examination must be probing. Not
person upon whom it is to be served. and evaluate the report of the prosecutor enough to merely adopt the questions
and the evidence and answers asked by a previous
GENERAL WARRANT investigator

- A general warrant is a search warrant which vaguely describes and does not
particularize the personal properties to be seized without a definite guidelines to
the searching team as to what items might be lawfully seized, thus giving the APPLICATION OF SEARCH WARRANT
officers of the law discretion regarding what articles they should seize. General Rule:
- A general warrant is NOT VALID as it infringes on the constitutional mandate An application of a search warrant should be filed with the court within whose
requiring particular description of the things to be seized. territorial jurisdiction the crime was committed. For compelling reasons, any court
within the judicial region where the crime was committed if the place of the commission
REQUISITES IN THE ISSUANCE OF A SEARCH WARRANT of the crime is known, or any court within the judicial region where the warrant shall be
1. The search warrant must be issued upon probable cause; enforced.
2. Probable cause must be determined by the judge; Exceptions to the General Rule:
3. The judge must have personally examined the witness, in the form of searching 1. If the criminal action has been filed, the application shall only be made in the court
questions and answers, the applicant and his witnesses and took down their where the criminal action is pending (Sec. 2);
depositions; 4. Must particularly describe or identify the property to be seized as far as 2. In case of search warrant involving heinous crimes, illegal gambling, illegal
the circumstances will ordinarily allow; possession of firearms and ammunitions as well as violations of the Comprehensive
5. Must particularly describe the place to be searched and the person or things to be Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti- Money
seized; Laundering Act of 2001, the Tariff and Customs Code, the Executive judges and
6. Must be in connection with one specific offense; whenever they are on official leave of absence or are not physically present in the
7. The sworn statements together with the affidavit submitted by witnesses must be station, the Vice- Judges of RTCs of Manila and Quezon City shall have the authority to
attached to the record; act on the application filed by the NBI, PNP and the Anti- Crime Task Force (ACTAF).
8. It must not have been issued more than 10 days prior to the search made pursuant
thereto. PROBABLE CAUSE IN THE ISSUANCE OF A SEARCH WARRANT
It refers to the facts and circumstances which could lead a reasonably discreet and
REMEMBER! (Stonehill v. Diokno, G.R. No. L-19550, June 19, 1967) prudent man to believe that an offense has been committed and that the objects sought
(1) NO search warrant shall issue but upon probable cause to be determined by the in connection with the offense are in the place sought to be searched.
judge in the manner set forth in said provision, and NOTE: Probable Cause must be personally determined by the judge.
(2) The warrant shall particularly describe the things to be seized.
KINDS OF PERSONAL PROPERTIES TO BE SEIZED BY VIRTUE OF A SEARCH
WARRANT OF ARREST VS SEARCH WARRANT WARRANT
1. Subject of the offense;
Warrant of Arrest Search Warrant
2. Stolen or embezzled and other proceeds or fruits of the offense; and
Order directed to the peace officer to Order in writing in the name of the 3. The means used or intended to be used as the means of committing an offense.
execute the warrant by taking the person Republic of the Philippines signed by the
NOTE: It is not required that the property to be seized should be owned by the person d. There is no need for any further search to obtain the evidence
against whom the search warrant is directed. It is sufficient that the person against
whom the warrant is directed has control or possession of the property sought to be 6. STOP AND FRISK SITUATION
seized. This is a limited protective search of the outer clothing of a person to determine the
presence of weapons. Probable cause is not required but a genuine reason (not mere
INSTANCES WHERE A WARRANTLESS SEARCH IS VALID: suspicion) must exist, in the light of the officer’s experience and surrounding
circumstances, to warrant the belief that the persons has concealed weapons
1. SEARCH INCIDENTAL TO A LAWFUL ARREST Its object is either to:
Immediate Control Test -A search incidental to a lawful warrantless arrest may a. determine the identity of a suspicious individual; and
extend beyond the person where the exigencies of the situation justify a b. maintain the status quo momentarily while the police officer seeks to obtain more
warrantless search for dangerous weapons and to prevent the arrestee from information.
destroying evidence of the crime within reach.
2. CONSENTED SEARCH (WAIVER OF RIGHT)
Consent cannot be presumed simply because the accused failed to object to the
search. To constitute a waiver, it must appear that:
a. The right exists;
b. The person involved had knowledge, actual or constructive, of the existence of
such rights; and
c. Actual intention to relinquish such rights
3. SEARCH OF MOVING VEHICLE
May validly be made without a search warrant because the vessel or aircraft can
quickly move out of the jurisdiction before such warrant could be secured.

4. CHECKPOINTS: AIRPORT BODY CHECKS

NOTE: Searches conducted in checkpoints are valid for as long as they are warranted by
the exigencies of public order and are conducted in a way least intrusive to motorists. For
as long as the vehicle is neither searched nor its occupants subjected to a body search,
and the inspection of the vehicle is limited to a visual search, said routine checks cannot
be regarded as violative of an individual’s right against unreasonable search.
In body checks in airports, passengers attempting to board an aircraft routinely
pass through metal detectors; their carry-on baggage as well as checked luggage are
routinely subjected to x-ray scans. Should these procedures suggest the presence of
suspicious objects, physical searches are conducted to determine what the objects are.
There is little question that such searches are reasonable, given their minimal
intrusiveness, the gravity of the safety interests involved, and the reduced privacy
expectations associated with airline travel. Indeed, travelers are often notified through
airport public address systems, signs, and notices in their airline tickets that they are
subject to search and, if any prohibited materials or substances are found, such would
be subject to seizure. These announcements place passengers on notice that ordinary
constitutional protections against warrantless searches and seizures do not apply to
routine airport procedures.

5. PLAIN VIEW SITUATION

The plain view doctrine authorizes a search and a seizure without a warrant.
For the doctrine to apply, the following requisites must be met:
a. There must have been a legal presence in the place where the search is made;
b. The evidence was discovered inadvertently by an officer with a right to be where he is;
c. The evidence is immediately apparently illegal; and