Sec. 7. Modification of judgment. – A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected. Except where the death penalty is imposed, a judgment becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation.
NOTE: This provision changed the previous rulings of the SC. Whereas before modification may be made upon the motion of the Fiscal, now it can only be modified or set aside upon motion of the accused.
WHEN MAY A JUDGMENT OF CONVICTION BE MODIFIED OR SET ASIDE BY THE COURT THAT RENDERED IT?
A JUDGMENT OF CONVICTION MAY BE MODIFIED OR SET ASIDE BY THE COURT THAT RENDERED IT:
1. Upon motion of the accused
2. Before judgment has become final or ap