CHAPTER 34 CRIMCIV AFTER MID Flashcards
New Trial
The party aggrieved by the final order or judgment may file a
motion for new trial within the period for taking an appeal. The motion
is to ask the trial court to set aside the judgment or final order and
grant a new trial.
Grounds for a New Trial
A motion for new trial may be based on one or more of the
following causes materially affecting the substantial rights of said
party:
a) Fraud, accident, mistake, or excusable negligence
which ordinary prudence could not have guarded
against and by reason of which such aggrieved party
has probably been impaired in his or her rights; or
b) Newly discovered evidence, which he or she could
not, with reasonable diligence, have discovered and
produced at the trial, and which if presented would
probably alter the result.
How Proved
Mendezona vs. Ozamiz, G.R. No. 143370, February 6, 2002.
2|bid.
A motion for new trial shall be proved in the manner provided
for proof of motion. A motion founded on fraud, accident, mistake, or
excusable negligence as mentioned in Section 1(a) of the Rule shall be
supported by affidavits of merits which may be rebutted by affidavits.
On the other hand, a motion based on newly discovered evidence
under Section 1(b) thereof shall be supported by affidavits of the
witnesses by whom such evidence is expected to be given, or by duly
authenticated documents which are proposed to be introduced in
evidence.
A motion for new trial upon the ground of newly discovered
evidence is properly granted only where there is concurrence of the
following requisites, namely:
1.the evidence had been discovered after trial;
2.the evidence could not have been discovered and produced
during trial even with the exercise of reasonable diligence;
and
3.the evidence is material and not merely corroborative,
cumulative, or impeaching and is of such weight that if
admitted, would probably alter the result.
All these three requisites must characterize the evidence sought
to be introduced at the new trial.
Additionally, the rule requires that the alleged newly discovered
evidence could not have been discovered and produced at the trial
despite reasonable diligence. It has been held that lack of diligence is
exhibited:
a)where the newly discovered evidence was necessary or
proper under the pleadings, and its existence must have
occurred to the party in the course of the preparation of the
case, but no effort was made to secure it;
b)there is a failure to make inquiry of persons who were likely
to know the facts in question, especially where information
was not sought from co-parties;
c)there is a failure to seek evidence available through public
records;
d)there is a failure to discover evidence that is within the
control of the complaining party;
e)there is a failure to follow leads contained in other evidence;
and
f)there is a failure to utilize available discovery procedures.2
Waiver of Grounds
A motion for new trial shall include all grounds then available
and those not so included shall be deemed waived.
Second Motion
A second motion for new trial, based on a ground not existing
nor available when the first motion was made, may be filed within the
time provided under the Rule excluding the time during which the
first motion had been pending.
Hence, the second motion may be based only on grounds which
were not existing or available at the time of the filing of the first motion.
A second motion based on the same ground as the first one may be
considered by the court as a pro forma motion which may not toll the
running of the period to appeal.
Action by the Court
If the trial court finds the motion meritorious, it may set aside the
judgment or final order and grant a new trial upon such terms as may
be just. Otherwise, the court shall deny the motion.
Effect of Grant of New Trial
If a new trial is granted, the original judgment or final order shall
be vacated and the action shall stand for trial de novo. However, the
recorded evidence taken upon the former trial, insofar as the same is
material and competent to establish the issues, shall be used at the new
trial without retaking the same.
Reconsideration
Within the same period for filing a motion for new trial, the
aggrieved party may also move for the reconsideration of the judgment
or final order upon the grounds:
a) that the damages awarded are excessive;
b) that the evidence is insufficient to justify the decision
or final order; or
c) that the decision or final order is contrary to law.
It must be born in mind that the filing of the motion for
reconsideration must be within the period to appeal. The purpose of
this is to allow the court to correct itself before review by a higher
court. If the motion is filed beyond this period, it ipso facto forecloses
the right to appeal and the judgment sought to be reconsidered shall
attain finality.
How Proved
A motion for reconsideration shall point out specifically the
findings or conclusions of the judgment or final order which are
not supported by the evidence or which are contrary to law making
express reference to the testimonial or documentary evidence or to the
provisions of law alleged to be contrary to such findings or conclusions.
Second Motion
No party shall be allowed a second motion for reconsideration of
a judgment or final order. A second motion for reconsideration may be
treated as a pro forma motion which shall not interrupt the running of
the period to appeal.
Action by the Court
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. Thus, unlike
when new trial is granted, the court need not necessarily set aside or
abandon the assailed judgment.
Contents of Motion
G.R. No. 149236, February 14, 2007.
The motion in both remedies shall be made in writing stating
the ground or grounds therefor and a written notice thereof shall be
served by the movant on the adverse party. A pro forma motion for new
trial or reconsideration shall not toll the reglementary period of appeal.
However, in PNB vs. Paneda,3 the Supreme Court explained
that where the circumstances of a case do not show an intent on the
part of the pleader to merely delay the proceedings, and his motion
reveals a bona fide effort to present additional matters or to reiterate his
arguments in a different light, the courts should be slow to declare the
same outright as pro forma.
The doctrine relating to pro forma motions has a direct bearing
upon the movant’s valuable right to appeal. It would be in the interest
of justice to accord the appellate court the opportunity to review the
decision of the trial court on the merits than to abort the appeal by
declaring the motion pro forma, such that the period to appeal was not
interrupted and had consequently lapsed. In said case, the Supreme
Court elaborated that it previously held a motion for reconsideration as
pro forma because:
a) it was a second motion for reconsideration;
b) it did not comply with the rule that the motion must
specify the findings and conclusions alleged to be
contrary to law or not supported by the evidence;
c) it failed to substantiate the alleged errors;
d) it merely alleged that the decision in question was
contrary to law; or
e) the adverse party was not given notice thereof.
It went on to explain further that a motion for reconsideration
may merely reiterate issues already passed upon by the court and that
by itself does not make it pro forma and is immaterial because what
is essential is compliance with the requisites of the Rules which is to
specify the findings and conclusions alleged to be contrary to law or
not supported by evidence.
On the other hand, a second motion for reconsideration based on
the same grounds is no question a pro forma motion. As such, it shall
not toll the running of the period to perfect an appeal.
Resolution of Motion
A motion for new trial or reconsideration shall be resolved by the
court within 30 days from the time it is submitted for resolution.
Partial Grant of Reconsideration or New Trial
If the grounds for a motion appear to the court to affect the issues
as to only a part, or less than all of the matter in controversy, or 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 such issues are severable
without interfering with the judgment or final order upon the rest.
Effect of Order for Partial New Trial
When less than all of the issues are ordered retried, the court
may either enter a judgment or final order as to the rest, or stay the
enforcement of such judgment or final order until after the new trial.
Remedy against an Order Denying a Motion for New Trial or
Reconsideration
An order denying a motion for new trial or reconsideration is not
appealable. The proper remedy is to take an appeal from the judgment
or final order.
Extension of Time
No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed.
