New Trial or Reconsideration Flashcards
What are the grounds for a new trial?
a. Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial
b. New and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would
probably change the judgment
[Sec. 2, Rule 121]
Irregularities must be with such seriousness as to affect prejudicially the substantial rights of the accused. [Sec. 2(a), Rule 121; Tabobo v. People, G.R. No.220977 (2017)]
Are errors of the defense counsel in the conduct of the trial an error of law or an irregularity?
(as grounds for a new trial)
General rule: Errors of the defense counsel in the conduct of the trial is neither an error of law nor an irregularity [Ceniza-Manantan v. People, G.R. No. 156248 (2007)]
Exception: They become an error of law or irregularity when acquittal would, in all probability, have followed the introduction of certain testimony which was not submitted at the trial under improper or injudicious advice of incompetent counsel of the accused. [Aguilar v. Court of Appeals, G.R. No. 114282 (1995)]
What are the grounds for Reconsideration?
The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings [Sec. 3, Rule 121]
What are the requisites before a new trial may be granted on the grounds of newly discovered evidence?
The court shall grant a new trial when new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment [Estino v. People, G.R. No. 163957-58 (2007)]
The determinative test is the presence of due or reasonable diligence to locate the thing to be used as evidence in the trial [Briones v. People, G.R. No. 156009 (2009)]
Requisites:
The evidence
a. Was discovered after the trial
b. Could not have been discovered and produced at the trial even with the exercise of reasonable diligence
c. Is material, not merely cumulative/ corroborative/impeaching; and
d. Is of such weight that it would probably change the judgment if admitted
[Tadeja v. People, G.R. No. 145336 (2013)]
The accused has the burden of proving item (2) above [US v. Torrente, G.R. No. 1001 (1922)]
It must be of weighty influence and will affect the result of the trial [People v. Alfaro, G.R. Nos. 13674243 (2003)]
When may a motion for new trial be granted on a ground not specifically provided in the rules?
When it is sought in the interest of justice.
In People v. Almendras [G.R. No. 145915 (2003)], the court ruled that a motion for a new trial may be granted on a ground not specifically provided in the rules, provided that it is sought in the interest of justice. In that case, the relief of a new trial was granted to a client who has suffered by reason of his/her counsel’s gross mistake and negligence.
What are the requirements on the form of a motion for reconsideration & new trial?
a. must be in writing
b. state the grounds on which it is based
c. if based on newly-discovered evidence, motion must be supported by:
1. the affidavits of the witnesses by whom such evidence is expected to be given, or
2. duly authenticated copies of documents which are proposed to be introduced in evidence
Notice of the motion shall be given to the prosecutor [Sec. 4, Rule 120]
What are the effects of granting a new trial or reconsideration?
(in general)
In general
a. The original judgment set aside or vacated; and
b. A new judgment is rendered accordingly
[Sec. 6, Rule 121]
When Ground for motion of new trial/reconsideration: Errors of law or irregularities committed during the trial
What are other effects of granting a new trial or reconsideration? What is the action of the court?
Effect:
All proceedings and evidence affected shall be set aside and taken anew. If error or irregularity goes into the
jurisdiction, the entire
proceeding is void and must be set aside.
Action of the court:
The court will allow introduction of additional
evidence in the interest of justice.
When Ground for motion of new trial/reconsideration: Newly discovered evidence
What are other effects of granting a new trial or reconsideration? What is the action of the court?
Effect: Evidence already adduced shall stand and Newlydiscovered evidence the newlydiscovered and such other evidence shall be taken and considered together with the evidence already in the record.
Action:
The court will allow introduction of other such evidence in the interest of justice.
What is the Neypes Doctrine?
The Neypes doctrine allows a fresh period of 15 days within which to file the notice of appeal in the RTC, counted from receipt of the order denying a Motion for New Trial or Motion for Reconsideration.
Neypes v. CA [G.R. No. 141534 (2005)] declared that:
“Henceforth, this ‘fresh period rule’ shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to the Court of Appeals; Rule 43 on appeals from quasijudicial agencies to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court.”
The “fresh period rule” enunciated in Neypes also applies to criminal actions, particularly to Sec. 6 of Rule 122 [Yu v. Tatad, G.R. No. 170979 (2011)]
