Rule 37 - New Trial or Reconsideration Flashcards
what are;
(a) grounds for filing for new trial [and] reconsideration;
(b) period for filing for new trial or reconsideration?
LB
[A]
1. there is [famen] fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded against [and] by reason of which such aggrieved party has probably been impaired in his rights; or
- newly discovered evidence, which he could not, with reasonable diligence have discovered & produced at the trial, [and] which presented would probably alter the result.
[B]
1. evidence is insufficient to justify decision or final order
2. judgment is contrary to law
3. damages are excessive
TN:
even w/o MR, the court can motu proprio amend its judgment before it attains finality on the same grounds
remedies BEFORE finality of judgment
Motion for New Trial
Motion for Reconsideration
Appeal
remedies AFTER finality of judgment
- Petition for Relief from Judgment
- Petition for Certiorari
- Action for Annulment of Judgment
- Collateral Attack of a Judgment
when is judgment “final & executory”?
LB
how long is the period for taking an appeal?
LB
In a civil case for damages, the RTC rendered a decision on August 1, 2024, in favor of the plaintiff, REGASCO. The decision was served on August 5, 2024, directly to the defendant, Castro, at his home address. However, Castro was represented by AJMB, who did not receive a copy of the decision until August 20, 2024, when it was served at her law office.
Castro, believing that the period for filing an appeal started on August 5, 2024, consulted with AJMB on August 25, 2024, to discuss the appeal.
Question:
When was the official notice and receipt of judgment?
In a civil case involving property disputes, the Regional Trial Court issued an interlocutory order on July 1, 2024, directing the parties to submit additional evidence. Attorney AJMB, representing the defendant, received the notice of the interlocutory order on July 3, 2024. Due to a heavy caseload, Attorney AJMB was unable to review the order until July 25, 2024. On July 28, 2024, Attorney AJMB decided to file a motion for reconsideration of the interlocutory order.
Question:
Can the motion for reconsideration filed on July 28, 2024, still prosper even though 15 calendar days have lapsed since Attorney AJMB received the interlocutory order?
In a criminal case for violation of RA 623, the court issued a resolution denying the defendant’s motion to quash the information on August 1, 2024. Attorney AJMB, representing the accused, received notice of the resolution on August 3, 2024. Believing the standard 15-calendar-day rule applied, Attorney AJMB prepared to file a motion for reconsideration on August 15, 2024.
Question:
Can Attorney AJMB validly file the motion for reconsideration on August 15, 2024, within 15 calendar days of receiving the notice of the resolution?
Enumerate Civil Actions where filing of MR is prohibited
Enumerate Civil Actions where filing of NT is prohibited
NT>FAMEN> What type of fraud would warrant the filing of a NT and/or grant thereof?
A case is filed in court. Summons was issued for the defendant, but the plaintiff and the court process server connived to make it appear that the summons was served on the defendant, albeit not true. The court issued an order of default. Thereafter, plaintiff was allowed to present evidence ex parte. Then, ultimately the court issued judgment by default. Copy of the judgment by default is served on the defendant.
[a] Suppose the defendant had been served with the order declaring him in default, what would be his remedy, if any
[b] Suppose he is served with the judgment by default, what is his remedy, if any?
In the trial for recovery of ownership and possession of a parcel of land, the defendant presented evidence tending to show that he acquired the property from the plaintiff, consisting of a falsified deed of sale and the perjured testimony of a witness. Plaintiff, through counsel, was able to examine the defendant’s evidence and cross-examine the latter’s witness. Plaintiff even presented rebuttal evidence. But the court decided the case in favor the defendant, as it lent credence to the evidence offered by the defendant.
Q: Can the plaintiff file a motion for new trial?
Q: What is plaintiff’s remedy then, if any?
NT>FAMEN> Define Accident that would warrant the filing of a NT and/or grant thereof?
NT>FAMEN> Define Mistake that would warrant the filing of a NT and/or grant thereof?
NT>FAMEN> Define Excusable Negligence that would warrant the filing of a NT and/or grant thereof?
TN:
the negligence of counsel may become a ground for new trial if it was so great such that the party was prejudiced and prevented from fairly presenting his case (People vs. Manzanilla)
To be considered “newly discovered evidence” under the RoC, the ff requisites must be present:
1.
2.
3.
4.
when is a particular piece of evidence may be properly regarded as newly discovered to justify new trial?
1
2.
Rojin filed a case for collection of unpaid loan against Irene. In her answer, Irene interposed the defense of payment but failed to, as she could not, present any receipt proving such payment because, in the first place, Rojin did not issue any receipt. At the trial, or even before the start thereof, Irene would have wanted to present, as her lone and vital witness, Mr. Waldi, as the latter was around when Irene tendered the payment to Rojin. The problem, however, was that Waldi could not testify, as he has been kidnapped and held captive by the Abu Sayaf. The government and the family of Waldi, and even Irene, exerted diligent efforts to secure Waldi’s release but all their efforts went to naught. After trial, the court resolved the case in favor of Rojin. Three
(3) days after Irene’s lawyer received a copy of the adverse judgment, Waldi was released from captivity, and, upon knowing of Irene’s predicament, Waldi voluntarily executed an affidavit in Irene’s favor.
Q: Can Irene file a motion for new trial on the basis of Waldi’s testimony when from the onset Rojin knew about Waldi’s testimony?
