NEW TRIAL OR RECONSIDERATION

New trial or reconsideration. – 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 or reconsideration. (Sec. 1, R 121)
“At any time before a judgment of conviction becomes final”
1. This Rule applies only to judgments of conviction- an acquittal is immediately final and
executory.
2. Within fifteen days from the date of promulgation the accused can appeal. The period to
appeal is interrupted by the filing of a Motion for Reconsideration or a Motion for New
Trial. The period will run again from notice of the denial of the Motion. (A new 15 day
period per the Neypes Ruling)
3. If the accused files a Motion for New Trial or a Motion for Reconsideration, he waives the
right against double jeopardy. This means that the court can modify the judgment to a
graver offense. E.G. Charged with Murder Convicted of Homicide, filed a Motion for
Reconsideration, judge modified the judgment to murder.
MOTION FOR NEW TRIAL MOTION FOR RECONSIDERATION
GROUNDS
1. Extrinsic fraud, accident, mistake or excusable
negligence (FAME) which ordinary prudence could
not have guarded against and by reason of which the
rights of the aggrieved party was impaired; or
2. Newly discovered evidence, which could not with
reasonable diligence, have been discovered and
produced at the trial, and which if presented, would
probably alter the result (Sec. 1, Rule 37).
1. The damages awarded are
excessive;
2. The evidence is insufficient
to satisfy the decision or final
order; or
3. The decisionor final order is
contrary to law (Sec. 1, Rule
37).
 REQUISITES
1. Must be in writing; 1. Must point out specifically the
2. Affidavit of the existence of FAME and conclusion of judgment;
newly discovered evidence; 2. Express reference to testimonial or
documentary evidence or to provisions of
Note: Whenever a remedy is allowed on law.
the ground of FAME, an affidavit of merit
is obligatory.
3. Affidavit of merit setting forth the
particular facts claimed to constitute a
meritorious cause of action;
4. In case of newly discovered evidence:
a. Affidavit of new witnesses; and
b. Duly authenticated documents to be
introduced.
Both shall be made in writing stating the ground / grounds therefor, a written notice
of which shall be served by the movant on the adverse party. (Sec. 2, Rule 37) Such
written notice is that prescribed in Sec4 and 5 of Rule 15
The requirements are mandatory and non-compliance therewith is fatal and renders
the motion pro forma or a mere scrap of paper and will not toll the reglementary
period for appeal.
 WHEN TO FILE
A motion for new trial or reconsideration should be filed within the period for taking an appeal. Hence, it must be
filed before the finality of the judgment (Sec. 1, Rule 37). No motion for extension of time to file a motion for
reconsideration shall be allowed. In DistilleriaLimtuaco vs. CA, 143 SCRA 92, it was said that the period for filing a
motion for new trial is within the period for taking an appeal.

Note: The period for appeal is within 15 days after notice to the appellant of the judgment or final order appealed
from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within
30 days from notice of the judgment or final order (Sec. 3, Rule 41). A record on appeal shall be required only in
special proceedings and other cases of multiple or separate appeals (Sec. 3, Rule 40).

Second motion may be allowed so long as based on Single motion rule (applicable only on a judgment or
grounds not existing or available at the time the first final order but not to interlocutory order) (Sec. 5, Rule
motion was made. (Sec. 5, Rule 37) 37)

If granted, the original judgment or final order shall be
vacated, and the action shall stand for trial de novo. 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 (Sec. 6, Rule 37).
No new trial or hearing will take place and the judgment
will be based on the pleadings submitted by the parties.
If granted, the court may amend such judgment or final
order accordingly (Sec. 3, Rule 37).
Note: The amended judgment is in the nature of a new
judgment which supersedes the original judgment.
If denied, the remedy is to appeal from the judgment or final order (Sec. 9, Rule 37).

Available even on appeal but only on the Available against judgments or final orders of
ground of newly discovered evidence. both the trial and appellate courts.

Both must be resolved within 30 days from the time it is submitted for resolution

Both are prohibited motions under Summary Procedure

Grounds for a new trial
“That errors of law or irregularities prejudicial to the substantial rights of
the accused have been committed during the trial”
This refers to instances where there was a serious breach of procedure that
prejudiced the substantial rights of the accused. Examples:
1. The accused was forced to go into trial without counsel;
2. The counsel for the accused turned out to be a fraud who is not actually a
lawyer.
3. A material witness for the accused was not allowed to testify on the basis
on an erroneous application of the rules.
4. The court erroneously refused to issue subpoena to compel the
attendance of a material witness for the accused.
Requisites:
Pp. vs. Alberto Tirona
Dec. 22, 1998
For newly discovered evidence to be a ground for new trial
under paragraph (b) above, it is required that :
i) the evidence is discovered after trial;
ii) such evidence could not have been discovered and
produced at the trial even with the exercise of reasonable
diligence; and
iii) the evidence is material, not merely cumulative,
corroborative, or impeaching, and of such weight that, if
admitted, would probably change the judgment.
Gomez vs. IAC 135 SCRA 6
Pp vs. Eduardo Garcia
March 31, 1998
“When confronted with an affidavit of recantation, courts are called upon to weigh
countervailing values in our legal and judicial system. A recantation, as a general rule, is
not sufficient to warrant a new trial. If it were otherwise, a new trial would be granted
whenever an interested party succeeds in intimidating or inducing any or some of the
witnesses to retract after trial their testimony, thus, opening the door to endless litigation.
It is also injudicious to reject a testimony solely on the basis of such recantation, which
may later be repudiated, as this "will make a solemn trial a mockery and place the
investigation at the mercy of unscrupulous witnesses."
To warrant a new trial, Joylyn's affidavit of desistance must constitute a recantation and
not a mere withdrawal from the prosecution of the case. The Court en banc in Alonte,
speaking through Mr. Justice Jose C. Vitug, held that the complainant's affidavit of
desistance did not constitute a recantation, because she did not deny the truth of her
complaint but merely sought to "be allowed to withdraw" and "discontinue" the case
because she wished "to start life anew and live normally again." She never absolved or
exculpated the accused. In other words, a recantation of a prior statement or testimony
must necessarily renounce the said statement or testimony and withdraw it formally and
publicly
Ground for reconsideration
“errors of law or fact in the judgment, which requires no
further proceedings”
What are the grounds?
1. court made a mistake in arriving at its decision
2. decision is not in accordance with the law.
3. decision not in accordance with the evidence.
 Sec. 4. Form of motion and notice to the prosecutor. – The
motion for new trial or reconsideration shall be in writing and
shall state the grounds on which it is based. If based on a
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 or reconsideration shall be given to the
prosecutor.

Sec. 5. Hearing on motion. – Where a motion for new trial calls

for resolution of any question of fact, the court may hear
evidence thereon by affidavits or otherwise.
Effects of granting a new trial or reconsideration. (SEC. 6, R121)
– The effects of granting a new trial or reconsideration are the following:
(a) When a new trial is granted on the ground of errors of law or irregularities
committed during the trial, all the proceedings and evidence affected thereby
shall be set aside and taken anew. The court may, in the interest of justice,
allow the introduction of additional evidence.
(b) When a new trial is granted on the ground of newly-discovered evidence, the
evidence already adduced shall stand and the newly-discovered and such
other evidence as the court may, in the interest of justice, allow to be
introduced shall be taken and considered together with the evidence already
in the record.
(c) In all cases, when the court grants new trial or reconsideration, the original
judgment shall be set aside or vacated and a new judgment rendered
accordingly. (6a)