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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Section 1, Rule 37 of the Revised Rules of Civil Procedure provides that within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial.
In civil cases, Rule 37 of the Revised Rules of Civil Procedure provides that, a motion for a New Trial may be filed based on the following grounds:
- 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 rights; or
- Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and if presented would probably alter the result.
The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant on the adverse party.
A motion for reconsideration shall be proved in the manner provided for proof of motion. A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. A motion for the cause mentioned in paragraph (b) 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 pro forma motion for new trial shall not toll the reglementary period of appeal.
A motion for new trial shall include all grounds then available and those not so included shall be deemed waived. 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 herein provided excluding the time during which the first motion had been pending.
Whereas, in criminal cases, Rule 121 of the Revised Rules of Criminal Procedure provides that at any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial.
The court shall grant a new trial on any of the following grounds:
- Errors of law or irregularities of prejudicial to the substantial rights of the accused have been committed during the trial;
- The 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.
The motion for a new trial shall be in writing and shall state the grounds on which it is based. If based on newly-discovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence. Notice of the motion for new trial shall be given to the prosecutor.
Related Articles:
- Appeal vs. Petition for Certiorari
- Requirements to Perfect an Appeal to the National Labor Relations Commission
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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