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JUDGMENT, New Trial or Reconsideration - Coggle Diagram

- - - - The decision is considered to have substantially or sufficiently complied with the constitutional injunction provided that they set out the facts and the law in which the decision was based such as (1) legal qualifications of the offense, (2) the modifying circumstances, (3) the degree of participation of the accused, (4) the penalty imposed, and (5) the civil liability.
      - The decision must also (1) discuss the facts comprising the elements of the offense charged in the Information, (2) accordingly render a verdict, and (3) imposed the corresponding penalty.
      - The decision may quote the facts as narrated in the memorandum of the prosecution BUT made their own findings and assessment of evidence before agreeing with the evaluation of the prosecution.
    - - There's nothing illegal in the act of the trial court completely copying the memorandum submitted by a party, provided that the decision clearly and distinctly states sufficient findings of fact and the law on which they are based
      - However, it is still desirable for an appellate judge to endeavor to make the issues clearer and use his own perceptiveness in unraveling the rollo and his own discernment in discovering the law. No less importantly, he must use his own language in laying down his judgment
- - - - (i) absolutely failed to prove the guilt of the accused, or
      - (ii) merely failed to prove his guilt beyond reasonable doubt
- - - - If the accused jumped bail
      - If the accused escaped from prison
  - - - Within 15 day from promulgation of judgment, the accused may surrender and file a motion for leave of court to avail of the remedies.
      - The accused shall state the reason for his absence and if he proves the absence was justified, he shall be allowed to avail of the remedies within fifteen (15) days from notice
  - - - Alvarado v. Director of Prisons: A judgment is entered 15 days after its promulgation, and 10 days thereafter, the records are remanded to the Court below including a certified copy of the judgment for execution.
      - People v. Sumilang: It's not necessary to promulgate or read it to the defendant, because it is to be presumed that accused or his attorney had already been notified thereof in accordance with Sections 7 and 8, as amended, of the same Rule 53 (now Sections 9 and 10 of Rule 51)
      - The procedure for promulgation of judgments in the trial courts in criminal cases, differs from that prescribed for the Supreme Court and the Court of Appeals where promulgation is effected by filing the signed copy of the judgment with the Clerk of Court who causes true copies thereof to be served upon the parties.
- - - - When the crime of murder includes the offense of homicide
      - When the crime of serious physical injuries include less serious or slight physical injuries.
      - When the crime of robbery includes theft.
  - - - When less serious physical injuries are included in serious physical injuries.
      - When acts of lasciviousness are included in rape.
      - When theft is included in robbery.