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Remedies for a Dismissal or Grant/Denial of MTD, Remedies within the…
Remedies for a
Dismissal or Grant/Denial of MTD
Remedies
within the Reglementary Period
MOTION FOR RECONSIDERATION
Grounds in Civil Cases:
Judgment is contrary to law
Judgment is not supported by evidence
Award of damages is excessive
Grounds in Criminal Cases:
Errors of fact
Errors of law
CERTIORARI
Petition for Certiorari under Rule 65
MOTION FOR NEW TRIAL
Grounds in Civil Cases:
Newly-discovered evidence
Fraud
Accident
Mistake
Excusable Neglect
Grounds in Criminal Cases:
Errors of fact or law
Errors in the proceedings which would prejudice the rights of the accused
Newly-discovered evidence
APPEAL
Ordinary Appeal
Grave abuse of discretion on the part of the court
CERTIORARI
Petition for Certiorari under Rule 65.
But file MR first.
Remedies of Plaintiff
from Grant of MTD
Dismissal WITHOUT prejudice
REFILE
Refile the complaint
Correct the defect
If dismissed due to lack of subject-matter jurisdiction, you can file MR.
Dismissal WITH prejudice
Grounds which bar the re-filing:
Res judicata
Prescription
Extinguishment of Obligation
Statute of Frauds (unenforceable)
APPEAL
Appeal the Order of dismissal.
Grave abuse of discretion on the part of the court
CERTIORARI
Petition for Certiorari under Rule 65
Remedies of Defendant
from Denial of MTD
CONTINUE TO TRIAL
Continue with the case.
Raise the grounds in MTD as Defenses in the Answer
APPEAL
If the decision is adverse, reiterate the issue on appeal from the final judgment.
RECONSIDERATION
File a Motion for Reconsideration from the Order denying MTD.
Appeal is not allowed because the Order is interlocutory.
CERTIORARI
Petition for Certiorari under Rule 65
Remedies
beyond the Reglementary Period
PETITION FOR RELIEF FROM JUDGMENT
Grounds:
Was unjustly deprived of a hearing,
Was prevented from taking an appeal, or a judgment or final order entered because of fraud, accident, mistake or excusable negligence.