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12. NEW TRIAL AND RECONSIDERATION - Coggle Diagram
12. NEW TRIAL AND RECONSIDERATION
IN GENERAL
When can a new trial or reconsideration be ordered after conviction
(1) Upon motion of the accused
(2) Motu proprio with the consent of the accused
Purpose of consent of accused
Once judgment has been validly promulgated, any reconsideration or amendment to correct a manifest substantial error can be made ONLY with the consent or upon instance of the accused.
When can a Motion for New Trial or Reconsideration be filed?
Within 15 days from the promulgation of the judgment or notice of the final order appealed from
Effect of failure to file within reglementary period
Failure to file the motion within the reglementary period renders the decision final and executory
Form of Motion for New Trial and Reconsideration
Must be in writing
Shall state the grounds on which it is based
If based on newly discovered evidence, it must be supported by:
(1) Affidavits of witnesses by whom such evidence is expected to be given OR
(2) By duly authenticated copies of documents which are proposed to be introduced in evidence
Hearing requirement
The motion must be set for hearing
Notice of the hearing must be addressed to all parties and must specify the time and date of the hearing with proof of service
Effect of granting a new trial on the ground of errors of law
All proceedings and evidence affected shall be set aside and taken anew
The court may allow the introduction of additional evidence
Effect of granting new trial on the ground of newly discovered evidence
The evidence already adduced shall stand
Newly discovered evidence shall be taken and considered together with the evidence already in the record
Effect of granting NT or MR in general
Original judgment shall be set aside or vacated and a new judgment is rendered accordingly
NEW TRIAL
Grant or denial is discretionary
The grant or denial of a NT is addressed to the sound discretion of the court which cannot be interfered with unless a clear abuse thereof is shown
Coverage of Motion for New Trial on the grounds of errors of law or irregularities committed during trial
Such errors must be committed during the period from the arraignment to rendition of judgment.
If the errors consist in the judgment, the proper remedy is a MR.
Grounds for a New Trial
(1) Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during trial
(2) New and material evidence has been discovered which:
(a) The accused could not with reasonable diligence have discovered and produced at the trial
(b) If introduced and admitted would probably change the judgment
Requisites for newly discovered evidence (Berry Rule)
Discovered after trial
Could not have been discovered or produced at the trial with reasonable diligence
It is material (not merely cumulative, corroborative or impeaching) and is of such weight that, if admitted, will probably change the judgment
Test to determine newly discovered evidence
Whether the proffered evidence is in fact newly discovered evidence which could not have been previously discovered with due diligence
Two aspects:
(1) Temporal -- when was the evidence discovered
(2) Predictive -- when should or could it have been discovered
Recantation as basis for new trial
Retraction of testimonies previously given in court are looked upon with disfavor.
Ratio: Recanted testimony is exceedingly unreliable.
RECONSIDERATION
Conformity of public prosecutor
If a criminal case is dismissed by the trial court with the consent of the accused or for absence of probable cause, a MR of the order of dismissal insofar as the criminal aspect is concerned may be made ONLY by the public prosecutor OR the OSG in case of appeal.
Grounds for Motions for Reconsideration
(1) Errors of law or fact in the judgment which requires no further proceedings
Motion for Reconsideration
Asks the court to reconsider its findings or conclusions of law and make them conformable to the law applicable to the case
Requires NO further trial or presentation of evidence