Judicial Judgments Overview
39 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

  • 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?

  • 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?

    <p>The formal announcement or reading of the judgment.</p> Signup and view all the answers

    Under what condition can the execution of a sentence be suspended during the appeal process?

    <p>If the accused waives in writing</p> Signup and view all the answers

    If a judge retires before a judgment is promulgated, what happens to the judgment?

    <p>It can still be promulgated by the current judge of the same court.</p> Signup and view all the answers

    What happens if a judgment of acquittal is issued?

    <p>It becomes final and executory</p> Signup and view all the answers

    Why was the verbal order of dismissal deemed ineffective in the case?

    <p>It lacked written documentation and signature</p> Signup and view all the answers

    What is a condition under which a court should deny an application for probation?

    <p>The offender has previously committed crimes</p> Signup and view all the answers

    Which of the following accurately describes a valid promulgation for a judgment?

    <p>It can be promulgated by a clerk when the judge is unavailable.</p> Signup and view all the answers

    What does the law state about existing provisions governing probation?

    <p>They are not affected by recent changes in probation rules</p> Signup and view all the answers

    Can the decision made by one branch of the RTC be promulgated by another branch?

    <p>Yes, as there is only one RTC with multiple branches.</p> Signup and view all the answers

    When can a judge set aside a dismissal of a case?

    <p>If the dismissal is still within the judge's powers</p> Signup and view all the answers

    What should a judgment that acquits the accused state?

    <p>The evidence failed to prove guilt beyond reasonable doubt</p> Signup and view all the answers

    What happens if a judgment is promulgated when the judge is outside the province?

    <p>The judgment can still be promulgated by a clerk of court.</p> Signup and view all the answers

    What must be true for the defendant to be granted probation after conviction?

    <p>The court believes probation is appropriate for rehabilitation</p> Signup and view all the answers

    What is a factor that does NOT play a role in deciding whether to grant probation?

    <p>The potential impact on the offender’s family</p> Signup and view all the answers

    What is the result of a verbal judgment lacking a written form?

    <p>It is invalid and incomplete</p> Signup and view all the answers

    What is a possible implication of a judgment of acquittal being issued?

    <p>The accused may face civil liability</p> Signup and view all the answers

    Which of the following is correct regarding the required conditions for probation?

    <p>Conditions of probation can vary based on the court's judgement</p> Signup and view all the answers

    Why is it significant that a judgment of acquittal cannot be appealed?

    <p>It ensures the finality of the verdict to the accused</p> Signup and view all the answers

    What determines the timing of the appeal with respect to probation?

    <p>The appeal must be perfected before applying for probation</p> Signup and view all the answers

    In what scenario can the suspension of sentence be denied during an appeal process?

    <p>If the offender poses an undue risk of committing another crime</p> Signup and view all the answers

    What must be included in the written judgment according to the jurisdictional requirements?

    <p>A statement of facts and law upon which the judgment is based</p> Signup and view all the answers

    What is one of the elements required for a valid judgment?

    <p>Territorial Jurisdiction</p> Signup and view all the answers

    What is the remedy if a judgment is not in writing?

    <p>File a Petition for Mandamus</p> Signup and view all the answers

    What does 'ratio decidendi' refer to in a judgment?

    <p>The reasoning behind the judgment</p> Signup and view all the answers

    What must the order of dismissal adhere to?

    <p>The official language and format requirements</p> Signup and view all the answers

    Who must personally and directly prepare the written judgment?

    <p>The judge</p> Signup and view all the answers

    What is the purpose of informing the parties of the reasons for the decision?

    <p>To assist in potential appeals</p> Signup and view all the answers

    What is required of the judge when issuing a judgment?

    <p>To provide a clear basis on the law and facts</p> Signup and view all the answers

    What distinguishes a judgment of acquittal from a conviction in legal terms?

    <p>An acquittal indicates no proof beyond reasonable doubt, while a conviction mandates a specific penalty.</p> Signup and view all the answers

    What is the primary difference between a final order and an interlocutory order?

    <p>A final order resolves all issues permanently, while an interlocutory order addresses ongoing matters.</p> Signup and view all the answers

    In the context of a judgment of acquittal, what must the judgment indicate regarding the evidence presented?

    <p>The prosecution's evidence absolutely failed to prove guilt.</p> Signup and view all the answers

    What happens if the motion for reconsideration (MR) is denied in a legal proceeding?

    <p>No further hearings can occur as a conclusion of facts has been reached.</p> Signup and view all the answers

    What type of damages may be awarded in a rape case according to the context provided?

    <p>Moral damages without the need for pleading or proof.</p> Signup and view all the answers

    What is the implication of a judgment confirming that the accused did not commit the crime?

    <p>No civil liability arises from the act if the crime is not committed.</p> Signup and view all the answers

    What is a characteristic of an executory order?

    <p>It mandates the execution of the judgment immediately.</p> Signup and view all the answers

    Which of the following statements about civil liability after an acquittal is true?

    <p>Civil liability arises only if it is proven independently of the acquittal.</p> Signup and view all the answers

    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.

    Quiz Team

    Related Documents

    Rule 120 PDF

    Description

    This quiz covers the essential requirements for valid judicial judgments, including jurisdiction, the necessity of a written decision, and the implications of oral judgments. Additionally, it explores the nature of a judgment of acquittal and its finality. Test your understanding of these key legal concepts.

    More Like This

    23
    50 questions

    23

    RefinedSerendipity avatar
    RefinedSerendipity
    Judicial Review Flashcards
    21 questions
    Use Quizgecko on...
    Browser
    Browser