Grounds for New Trial or Reconsideration


A. Grounds for New Trial

(a)  Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;

(b)  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. 

(c)  Meritorious circumstances as determined by the court on a case-to-case basis, such as:

3.1)  Retraction of a witness;

3.2) Negligence of incompentency of counsel that is so gross as to amount to deprivation of due process;

3.3)  Improvident plea of guilty; and

3.4) Disqualification of an attorney de officio to represent the accused in trial court.

B. Grounds for Reconsideration

Errors of law or fact in the judg­ment which requires no further proceedings. 


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(Taken from the Rules of Court, Rule 121, Sections 2 and 3 and Criminal Procedure by Diodado M. Peralta)



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