Philippine Bar review · Question

Practice question: Requisites of a Valid Judgment

Multiple Choice Hard

Practice question

A conviction records two established mitigating circumstances in the factual findings but gives no legal assessment of their relation to the offense and sentence. Counsel insists merely printing the sentence makes all further reasoning unnecessary. Which is correct?
  1. The judgment must clearly state its factual and legal basis and address the prescribed modifying-circumstance content
  2. A sentence number alone replaces every factual and legal finding
  3. Mitigating circumstances may never appear in a judgment
  4. Only the parties may supply the judge’s reasons after signing
  5. Court attendance automatically supplies the missing reasoning

Legal references

  • Rules of Court, Rule120 Sections1–6; Rule110 Sections8–9: https://lawphil.net/courts/rules/rc_110-127_crim.html

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