NOTES-ON-RULE-120-AND-121

NOTES ON RULE 120 AND 121
RULE 120- JUDGMENT
u Judgment- is the adjudication by the court that the accused is guilty or

not guilty of the offense charged and the imposition on him of the
proper penalty and civil liability, if any.
u REQUIRED FORM:
1.-Must be written in the official language
2.-personally and directly prepared by the judge
3.-signed by him and
4.-should contain clearly and distinctly a statement of the facts and law
upon which it is based.
u Q: Is it necessary for the validity of the judgment that the decision be

promulgated by the same judge who heard the case?
A: No.
u Q: why should a decision be in writing, setting forth the fact and the
law on which it is based?
A:1. To inform the parties of the reason for the decision. In case of
appeal, appellant can point out to the appellate court the findings of
facts or the rulings on the law on which he disagrees.
2. To assure the parties that in reaching the judgment, the judge did
so through a process of legal reasoning.
u Q: Is an erroneous judgment valid?
u Ans. Yes, an error in judgement will not invalidate a decision, so long as

it conforms with the requirements of the law
u Q: Can the judge impose a penalty of reclusion perpetua or a fine of

P10,000?
u Ans. No, the Judge cannot impose alternative penalties because a

penaly that should be imposed should be definite. When the judge
imposes alternative penalties, giving the dependant the right to choose
which to serve, he gives discretion belonging to the court to the
accused.
Q: What is the importance of using the proper terminology in the

imposition of imprisonment penalties?
u A: Proper terminology should be used since each penalty has it distinct

accessory penalties and effects.
u With accessory penalties- afflictive (reclusion perpetua to prison

mayor)
u Reclusion Perpetua: suspension from public office, the right to vote and
be voted for, the profession or calling
Q: What is the remedy of the offended party if the judgment fails to award
civil liability?
A: Appeal , certiorari or mandamus. The offended party can file an appeal,

a certiorari, or mandamus.
u CIVIL LIABILITIES: Moral damages, exemplary damages, nominal

damages, temperate damages, actual damages, and loss of earning
capacity
u CIVIL LIABILITY ARISING FROM CRIME: Actual damages, moral

damages, exemplary damages and loss of earning capacity
u PROMULGATION OF JUDGMENT
- to be read in its entirety
Q: What happens if only the dispositive portion of the judgment is read

to the accused?
-Double jeopardy will not lie. The Judgement must be promulgated in

its entirety, not Just the dispositive portion. Otherwise, the criminal
case woudn’t have been validly terminated and double jeopardy as a
defense cannt attach.
u EFFECT OF FAILURE OF ACCUSED TO APPEAR DURING PROMULGATION

DESPITE NOTICE:
u -The promulgation shall be made by recording the judgment in the
criminal docket and serving the accused with copy thereof at his last
known address or through counsel.
u If the judgment is of conviction, the accused fails to appear at the

promulgation shall LOSE the remedies available to him against the
judgment, and the court shall order for his arrest.
u -Within 15 days from promulgation, the accused can surrender and file
a motion of leave of court to avail of the remedies.
u WHEN DOES A JUDGMENT BECOME FINAL?
-After the lapse of time for perfecting an appeal
-when the sentence has been partially or totally satisfied
-when the accused has expressly waived in writing his right to appeal
-when the accused has applied for probation
u ENTRY OF JUDGMENT- after the judgment becomes final, it shall be

entered in the book of entries.
RULE 121- NEW TRIAL OR RECONSIDERATION
u GROUNDS FOR NEW TRIAL
1. errors of law or irregularities prejudicial to the substantial rights of

the accused have been committed during the trial; (ERRORS OF LAW
OR IRREGULARITIES)
2.That new and material evidence has been discovered which the
accused could not with reasonable diligence have discovered and
produced at the trial and which if introduced and admitted would
probably change the judgment.( NEWLY DISCOVERED EVIDENCE)
u GROUNDS FOR RECONSIDERATION
1. errors of law or fact which requires no further proceedings
u REQUISITES FOR GRANTING A NEW TRIAL ON THE GROUND OF NEWLY

DISCOVERED EVIDENCE:
1. The evidence must have been discovered after trial

2. Such evidence could not have been discovered and produced at the
trial even with the exercise of reasonable diligence;
3. The evidence is material, not merely cumulative corroborative or

impeaching
4. The evidence must go to the merits, such that it would produce a

different result if admitted.
u WHAT IS RECANTATION? IS IT A GROUND FOR NEW TRIAL?
u Ans. See angel notes. NO. recantation is the renunciation or formal and
public withdrawal of prior statement of a witness. No. recantation is not
a ground for new trial because it will be a mockery of the court and
would place the investigation of the truth at the mercy of the
unscrupulous witnesses. Moreover…
u Q: WHEN IS AN EVIDENCE CONSIDERED TO BE MATERIAL?
u It is a material if there is reasonable likelihood that the testimony or

evidence could have been produced different result and the accused
would have been acquitted.
u Effects of granting a new trial
-when on the grounds of errors of law or irregularities-all proceeding

affected thereby are set aside and taken a new
-when granted on the ground of NDE, evidence already adduced shall

stand and the newly discovered and such other evidence as the court may
allow , shall be taken and considered together with the evidence already
on record
In all cases, when the court grants a new trial or reconsideration, the
original judgment shall be set aside and vacated and a new judgment
shall be rendered accordingly
"The equipoise rule p. 367
provides that where the evidence in a criminal case is evenly balanced,

the constitutional presumption of innocence tilts the scales in favor of
the accused" (People v. Erguiza, G.R. No. 171348, November 26, 2008).
If the inculpatory testimony is capable of two or more explanations,
one consistent with the innocence of the accused persons and the
other consistent with their guilt, then the evidence does not fulfill the
test of moral certainty and is not sufficient to support a conviction
(People v. Navarro, G.R. No. 173790, October 11, 2007; People v.
Cervantes, G.R. No. 181494, March 17, 2009).
The privilege is expressed in the following provisions:
(a) "No person shall be compelled to be a witness against himself"

(Sec. 17, Art. Ill, Philippine Constitution).
(b) "In all criminal prosecutions, the accused shall be entitled to the
following rights x x x ( e ) To be exempt from being compelled to
be a witness against himself (Sec. l[e], Rule 115, Rules of Court).
Purpose
1. The privilege is intended to prevent the State, with all its

coercive powers, from extracting from the suspect testimony that
may convict him and to avoid a person subject to such
compulsion to perjure himself for his own protection
o The privilege protects a person from testimonial compulsion or

evidence of a communicative nature
o "[T]he prohibition of compelling a man in a criminal court to be

witness against himself is a prohibition of the use of physical or
moral compulsion to extort communications from him, not an
exclusion of his body as evidence when it may be material.

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NOTES ON RULE 120 AND 121

RULE 120- JUDGMENT

u Judgment- is the adjudication by the court that the accused is guilty or

1.-Must be written in the official language

2.-personally and directly prepared by the judge

3.-signed by him and

u Q: Is it necessary for the validity of the judgment that the decision be

u Q: Is an erroneous judgment valid?

u Ans. Yes, an error in judgement will not invalidate a decision, so long as

u Q: Can the judge impose a penalty of reclusion perpetua or a fine of

u Ans. No, the Judge cannot impose alternative penalties because a

Q: What is the importance of using the proper terminology in the

u A: Proper terminology should be used since each penalty has it distinct

u With accessory penalties- afflictive (reclusion perpetua to prison

A: Appeal , certiorari or mandamus. The offended party can file an appeal,

u CIVIL LIABILITIES: Moral damages, exemplary damages, nominal

u CIVIL LIABILITY ARISING FROM CRIME: Actual damages, moral

- to be read in its entirety

Q: What happens if only the dispositive portion of the judgment is read

-Double jeopardy will not lie. The Judgement must be promulgated in

u EFFECT OF FAILURE OF ACCUSED TO APPEAR DURING PROMULGATION

u If the judgment is of conviction, the accused fails to appear at the

u WHEN DOES A JUDGMENT BECOME FINAL?

-After the lapse of time for perfecting an appeal

-when the sentence has been partially or totally satisfied

-when the accused has applied for probation

u ENTRY OF JUDGMENT- after the judgment becomes final, it shall be

RULE 121- NEW TRIAL OR RECONSIDERATION

u GROUNDS FOR NEW TRIAL

1. errors of law or irregularities prejudicial to the substantial rights of

u GROUNDS FOR RECONSIDERATION

1. errors of law or fact which requires no further proceedings

u REQUISITES FOR GRANTING A NEW TRIAL ON THE GROUND OF NEWLY

1. The evidence must have been discovered after trial

3. The evidence is material, not merely cumulative corroborative or

4. The evidence must go to the merits, such that it would produce a

u WHAT IS RECANTATION? IS IT A GROUND FOR NEW TRIAL?

u Q: WHEN IS AN EVIDENCE CONSIDERED TO BE MATERIAL?

u It is a material if there is reasonable likelihood that the testimony or

u Effects of granting a new trial

-when on the grounds of errors of law or irregularities-all proceeding

-when granted on the ground of NDE, evidence already adduced shall

"The equipoise rule p. 367

provides that where the evidence in a criminal case is evenly balanced,

The privilege is expressed in the following provisions:

(a) "No person shall be compelled to be a witness against himself"

1. The privilege is intended to prevent the State, with all its

o The privilege protects a person from testimonial compulsion or

o "[T]he prohibition of compelling a man in a criminal court to be

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