RULE 121: NEW TRIAL (Tadeja v.

People, 691 SCRA 252, February 13, 2013)

Section 1. New Trial or Reconsideration Section 3: Ground for Reconsideration

“At any time before a judgment of conviction becomes final , the court may, on motion of the accused or at its • Error of law in judgement which require no further proceedings
own instance but with the consent of the accused, grant a new trial or reconsideration.” • Error of fact in judgement which require no further proceedings

New Trial Section 4: Forms of Motion and Notice to the prosecutor

-> a proceeding whereby errors of law or irregularities are expunged from the record, or new evidence is Form of the Motion; Notice
introduced, or both steps are taken (People v Tamayo, 86 Phil. 213). 1. In writing
2. File with the court
New Trial VS Reopening of the Case 3. State ground on which it is based
New Trial 4. If the motion for new trial is based on a newly discovered evidence, it must be supported by the
• File after judgement but before finality thereof. affidavits of the witness by whom such evidence is expected to be given, or duly authenticated
• At the instance or with the consent of the accused copies of documents which it is proposed to introduce in evidence.
5. Notice of the motion for new trial or reconsideration shall be given to the fiscal.
Reopening of the Case
• Made by the court before the judgement is rendered in the exercise of sound discretion. Section 5. Hearing on Motion
• It does not require the consent of the accused; may be at the instance of either party who can Where a motion for new trial calls for resolution of any question of fact, the court may hear evidence thereon
thereafter present additional evidence by affidavits or otherwise.

SECTION 2: GROUNDS FOR NEW TRIAL Section 6: Effects of granting a new trial or reconsideration
New trial shall be granted on any of the following grounds: 2. The other effects would depend upon the ground availed of in granting new trial or reconsideration, thus:
1. That Errors of law have been committed during the trial; a. Error of law or irregularities during trial, all the proceedings and evidence affected thereby shall be:
2. That irregularities prejudicial to the substantial rights of the accused have been committed during the – Set aside;
trial; or – Taken anew; and
3. That new and material evidence has been discovered. – The court, in the interest of justice, may allow the introduction of additional evidence.
4. 2. Newly-discovered evidence:
Requisites for newly-discovered evidence • Evidence duly admitted stands;
The evidence must have been discovered after the trial; • New evidence shall be taken and considered together with the evidence already in
• It could not have been previously discovered and produce at the trial even with the exercise of record.
reasonable diligence;
• It is a new and material evidence;
• If introduced and admitted, it would probably change the judgement.
CRIMINAL PROCEDURE
GROUP 2