Podcast
Questions and Answers
What is the standard procedure for promulgating a judgment in the presence of the accused?
What is the standard procedure for promulgating a judgment in the presence of the accused?
- The judgment must always be read in the presence of the judge who wrote it.
- The judgment can be communicated to the accused through a written notice.
- The judgment can be delivered verbally by any court officer.
- The judgment is read in the presence of the accused and any judge of the court. (correct)
When can a conviction for a light offense be pronounced?
When can a conviction for a light offense be pronounced?
- In any public setting as long as the judgment is communicated.
- Only in the presence of the judge.
- In the presence of the accused's counsel or representative. (correct)
- Only if the accused is physically present.
Which of the following statements about promulgation is incorrect?
Which of the following statements about promulgation is incorrect?
- Promulgation can occur in the absence of the judge.
- Promulgation involves the official announcement of the judgment.
- A clerk of court may promulgate the judgment when the judge is absent.
- Judgment can only be read by the judge who penned it. (correct)
What is the definition of promulgation in the legal context?
What is the definition of promulgation in the legal context?
Under what condition can the execution of a sentence be suspended during the appeal process?
Under what condition can the execution of a sentence be suspended during the appeal process?
If a judge retires before a judgment is promulgated, what happens to the judgment?
If a judge retires before a judgment is promulgated, what happens to the judgment?
What happens if a judgment of acquittal is issued?
What happens if a judgment of acquittal is issued?
Why was the verbal order of dismissal deemed ineffective in the case?
Why was the verbal order of dismissal deemed ineffective in the case?
What is a condition under which a court should deny an application for probation?
What is a condition under which a court should deny an application for probation?
Which of the following accurately describes a valid promulgation for a judgment?
Which of the following accurately describes a valid promulgation for a judgment?
What does the law state about existing provisions governing probation?
What does the law state about existing provisions governing probation?
Can the decision made by one branch of the RTC be promulgated by another branch?
Can the decision made by one branch of the RTC be promulgated by another branch?
When can a judge set aside a dismissal of a case?
When can a judge set aside a dismissal of a case?
What should a judgment that acquits the accused state?
What should a judgment that acquits the accused state?
What happens if a judgment is promulgated when the judge is outside the province?
What happens if a judgment is promulgated when the judge is outside the province?
What must be true for the defendant to be granted probation after conviction?
What must be true for the defendant to be granted probation after conviction?
What is a factor that does NOT play a role in deciding whether to grant probation?
What is a factor that does NOT play a role in deciding whether to grant probation?
What is the result of a verbal judgment lacking a written form?
What is the result of a verbal judgment lacking a written form?
What is a possible implication of a judgment of acquittal being issued?
What is a possible implication of a judgment of acquittal being issued?
Which of the following is correct regarding the required conditions for probation?
Which of the following is correct regarding the required conditions for probation?
Why is it significant that a judgment of acquittal cannot be appealed?
Why is it significant that a judgment of acquittal cannot be appealed?
What determines the timing of the appeal with respect to probation?
What determines the timing of the appeal with respect to probation?
In what scenario can the suspension of sentence be denied during an appeal process?
In what scenario can the suspension of sentence be denied during an appeal process?
What must be included in the written judgment according to the jurisdictional requirements?
What must be included in the written judgment according to the jurisdictional requirements?
What is one of the elements required for a valid judgment?
What is one of the elements required for a valid judgment?
What is the remedy if a judgment is not in writing?
What is the remedy if a judgment is not in writing?
What does 'ratio decidendi' refer to in a judgment?
What does 'ratio decidendi' refer to in a judgment?
What must the order of dismissal adhere to?
What must the order of dismissal adhere to?
Who must personally and directly prepare the written judgment?
Who must personally and directly prepare the written judgment?
What is the purpose of informing the parties of the reasons for the decision?
What is the purpose of informing the parties of the reasons for the decision?
What is required of the judge when issuing a judgment?
What is required of the judge when issuing a judgment?
What distinguishes a judgment of acquittal from a conviction in legal terms?
What distinguishes a judgment of acquittal from a conviction in legal terms?
What is the primary difference between a final order and an interlocutory order?
What is the primary difference between a final order and an interlocutory order?
In the context of a judgment of acquittal, what must the judgment indicate regarding the evidence presented?
In the context of a judgment of acquittal, what must the judgment indicate regarding the evidence presented?
What happens if the motion for reconsideration (MR) is denied in a legal proceeding?
What happens if the motion for reconsideration (MR) is denied in a legal proceeding?
What type of damages may be awarded in a rape case according to the context provided?
What type of damages may be awarded in a rape case according to the context provided?
What is the implication of a judgment confirming that the accused did not commit the crime?
What is the implication of a judgment confirming that the accused did not commit the crime?
What is a characteristic of an executory order?
What is a characteristic of an executory order?
Which of the following statements about civil liability after an acquittal is true?
Which of the following statements about civil liability after an acquittal is true?
Flashcards are hidden until you start studying
Study Notes
Judgment Requirements
- A valid judgement needs three elements: Jurisdiction over the subject matter, territorial jurisdiction, and jurisdiction over the person of the accused
- A judgment must be in writing and signed by the judge
- It must clearly state the findings of fact, and rulings on points of law
- The judgment must inform parties of the reasons for the decision so they can understand the basis for appeal
- It assures the parties that the judge reached a decision through legal reasoning
Valid judgment - Oral judgment
- A verbal or oral judgment is deemed incomplete and invalid as it does not contain findings of fact and is not signed by the judge
- Although void, its infirmity can be corrected by a subsequent regular written judgment
- It is possible for a judge to reinstate the case after an oral judgment, as it does not have the effect of a judgment of acquittal
Judgment of Acquittal
- A judgment of acquittal is considered final & executory and cannot be appealed no matter how erroneous the decision to avoid double jeopardy
- It must state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt
- The judgment must determine if the act or omission from which the civil liability might arise did not exist, whether because the accused did not commit the crime or because the prosecution did not prove it beyond a reasonable doubt
Final Order vs. Interlocutory Order
- Final orders dispose of the whole subject matter or terminate a particular issue, leaving nothing to be done but to enforce the decision by execution
- Interlocutory orders are issued during the proceedings before the matter is terminated, when not all issues have been resolved
Promulgation of judgment
- The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered
- In the case of a light offense, the judgment can be pronounced in the presence of the accused's counsel or representative
- If the judge is absent, the clerk of court can promulgate the judgment
- There is only one RTC for a city, but multiple branches. A decision from one branch can be promulgated by the judge of any other branch within the same RTC
Vacancy
- If the judge who penned the decision retires or vacates the position, the decision can still be promulgated by the successor judge
- The stay of the judgment during the pendency of the motion for rehearing or reconsideration does not affect the validity of the promulgation
Probation
- Probation allows the court to suspend the execution of the defendant's sentence and place them on probation, under certain conditions
- It can be granted after conviction and shall be granted only if the defendant has not already perfected an appeal
- The probation law does not affect any existing provisions governing suspension of sentence, probation, or parole
- The court may deny an application for probation if:
- The offender needs treatment best provided in an institution
- There is an undue risk of the offender committing another crime
- Probation would depreciate the seriousness of the crime
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.