PART NINE JUDGMENT I. Definition and form -Rule 120, sec 1 Section 1. Judgment definition and form. — 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. It must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. (1a) -People v. Lizada, G.R. Nos. 143468-71, 24 January 2003 People of the Philippines vs. Lizada G.R. No. 143468-71 (January 24, 2003) Callejo, Sr., J. Basic requisites in promulgating judgment FACTS: On May 29, 2000, the trial court rendered judgment against accused-appellant finding him guilty beyond reasonable doubt of four (4) counts of rape, defined and penalized in the seventh paragraph, no. 1, Art. 335 of the Revised Penal Code, and meted on him the death penalty for each count. The trial court merely summarized the testimonies of the witnesses of the prosecution and those of accused-appellant and his witnesses, and forthwith set forth the decretal portion of said decision. The trial court even failed to state in said decision the factual and legal basis for the imposition of the supreme penalty of death on him. ISSUE/s: WON there was an irregularity with the promulgation of judgment; HELD: YES. The contention of accused-appellant is well-taken. Article VIII, paragraph 14 of the 1987 Constitution provides that “no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.” This requirement is reiterated and implemented by Rule 120, Section 2 of the 1985 Rules on Criminal Procedure, as amended, which reads: “SEC. 2. Form and contents of judgment.—The judgment must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts proved or admitted by the accused and the law upon which the judgment is based.” xxx If it is of conviction, the judgment shall state (a) the legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission thereof, if there are any; (b) the participation of the accused in the commission of the offense, whether as principal, accomplice, or accessory after the fact; (c) the penalty imposed upon the accused; and (d) the civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate action has been reserved or waived.” (Italicization Supreme Court) 1