In criminal cases, the lack of affidavits of merit in a motion for new trial is not a fatal defect and can be cured by the testimony presented at the new trial.
PAREDES vs. BORJA
G.R. No. L-15559, November 29, 1961
3 SCRA 495
Facts: The appellee contends that the respondent Justice of the Peace Court should not have entertained the appellant's motions for reconsideration because they were not supported by affidavits.
Held: While the Rules of Court also require, as in the supplanted law, that an affidavit of merit be attached to support a motion for new trial based on newly discovered evidence, yet the defect of lack of it in the appellant's motions for reconsideration or rehearsing had been cured by the testimony under oath of the appellant at the hearing of the motion for reconsideration.
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