06. R. Post-judgment remedies

Question 1

What are the available post-judgment remedies?

Answer 1

Post-judgment remedies:

1. Motion for new trial or reconsideration (Rule 37);
2. Appeals in general (40, 41, 42, 43, 45)
   
   1. Ordinary appeal (R41S2a);
   2. Petition for review (R41S2b);
   3. Appeal by certiorari (R41S2c);
3. Relief from judgments, orders and other proceedings (Rule 38);
4. Annulment of judgments or final orders and resolutions (Rule 47),

Question 2

What are the grounds for a motion for new trial?

Answer 2

There are two grounds:

1. FAME (Fraud, Accident, Mistake, or Excusable Negligence)
   
   • Ordinary prudence could not have guarded against, and
   • By reason of which such aggrieved party has probably been impaired in his rights.
2. Newly discovered evidence
   
   1. It was discovered AFTER the trial;
   2. It could not have been discovered and produced at the trial even with the exercise of reasonable diligence; and
   3. The evidence is of such weight that if admitted, would probably alter the result of the action; and
   4. It must be MATERIAL and not merely collateral, cumulative, or corroborative.

Question 3

When do you file a motion for new trial or reconsideration?

Answer 3

A motion for new trial or reconsideration is filed within the period for taking an appeal. (Sec. 1 R37)

Question 4

What are the grounds for the filing of a motion for reconsideration?

Answer 4

A motion for reconsideration may be filed on the following grounds:

1. Damages awarded are excessive;
2. That the evidence is insufficient to justify the decision or final order;
3. That the decision or final order is contrary to law (R37S1)

Question 5

Is a 2nd motion for new trial allowed?

Answer 5

Yes, but only if it is based on ground not existing or available when the 1st motion was filed.

Question 6

Is a 2nd motion for reconsideration allowed?

Answer 6

No it is not allowed.

Question 7

What is the form required for a motion for new trial or reconsideration?

Answer 7

Form for motion for new trial or reconsideration:

• Must be made in writing;
• Must state the ground/s;
• Must serve written notice by the movant on the adverse party. [R37S2]

Question 8

How is a motion for new trial proven?

Answer 8

R37S2. How motion for new trial proved:

• Ground: FAME: affidavits of merits (rebuttable by affidavits)
  
  • General rule: If no affidavits attached => motion deneid
  • Exceptions:
    
    • No jurisdiction over the defendant/subject matter;
    • Defective judgment (e.g. judgment by default before the expiration of the period);
    • Defendant was deprived of his day in court.
• Ground: Newly discovered evidence: affidavits of WITNESSES or duly authenticated documents which are proposed to introduce new evidence

Question 9

How is a motion for reconsideration proved?

Answer 9

A motion for reconsideration shall point out specifically the findings or conclusion of the judgment or final order which are not supported by the evidence or which are contrary to law. (R37S2)

Question 10

Is a denial for a motion for new trial and motion for reconsideration appealable?

Answer 10

No, an order denying a MNT or MR is not appealable. R37S9

Question 11

What is the remedy for a denial of a MNT or MR?

Answer 11

R37S9. An order denying a motion for new trial or reconsideration is not appealable, the remedy being an appeal from the judgment or final order.

Question 12

What is the effect of a grant for a motion for new trial?

Answer 12

R37S6. If a new trial is granted in accordance with this Rule:

• the original judgment or final order shall be vacated; and
• the action shall stand for trial de novo.
  
  • NOTE: the recorded evidence taken upon the former trial, in so far as the same is material and competent to establish the issues, shall be used at the new trial without retaking the same.

Question 13

What is the effect of a grant for motion for reconsideration?

Answer 13

R37S3. […] If the court finds that excessive damages have been awarded or that the judgment or final order is contrary to the evidence or law:

• it may amend such judgment or final order accordingly

Question 14

When will the court partially grant a new trial or reconsideration?

Answer 14

The court will partially grant a new trial or reconsideration in the following circumstances if the grounds for a motion under this Rule appear to the court to affect:

1. The issues as to only a part, or
2. Less than all of the matter in controversy, or
3. Only one, or less than all, of the parties to it

the court may order a new trial or grant reconsideration as to such issues IF SEVERABLE without interfering with the judgment or final order upon the rest. R37S7

Question 15

What is the effect of a partial grant of a motion for new trial?

Answer 15

Partial new trial; effect: When less than all of the issues are ordered retried, the court may either:

1. Enter a judgment or final order as to the rest, or
2. Stay the enforcement of such judgment or final order until after the new trial. R37S8