What is the purpose
of a new trial?
It is to temper the
severity of a judgment or prevent the failure of justice.
When can you file a motion for new trial?
At any
time before a judgment of conviction becomes final. (Rule 121, Sec. 1)
● A
motion for new trial should be filed with the trial court within 15 days from
the promulgation of judgment.
If you file a motion for new trial and it is
denied, how many days you have to file an appeal?
Within
the reglementary period. In civil cases. Rule 40 and 41 apply. (Neypes case)
Who may file a motion for a new trial?
A new
trial can be granted only:
1. on
motion of the accused
2. on
motion of the court but with the consent of the accused
Can the prosecution file a motion for new
trial?
No. The
rule does not provide for a motion for new trial by the prosecution as the
reopening of the case and introduction of additional evidence by the
prosecution, without the consent of the accused, would result in double
jeopardy. Even such an action motu proprio by the court requires the consent of
the accused, for the same reason. (Regalado)
What are the grounds for new trial?
The court
shall grant a new trial on any of the following grounds:
(a) That
errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial;
(b) That
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. (Rule 121, Sec. 3)
What are the
requisites for granting a new trial on the ground of newly discovered evidence?
1. The evidence must have been discovered
after trial;
2. Such evidence could not have been
discovered and produced at the trial even with the exercise of
reasonable diligence;
3. The evidence is material, not
merely cumulative, corroborative, or impeaching;
4. The evidence must go to the merits,
such that it would produce a different result if admitted.
Consequently,
a new trial is justifiably denied:
1.
If only impeaching evidence is sought to be introduced as the court had
already passed upon the issue of credibility at the trial.
2.
If only corroborative evidence is offered, as it would not change the
result of the case
3.
Where a prisoner admits the commission of the crime with which the
accused is charged, due to the facility with which such confession can be obtained
and fabricated.
4.
Where the alleged new evidence is inherently improbable and could easily
be concocted.
5.
Where the alleged new evidence consists of recantations of prosecution
witnesses, due to the unrealiability of such retractions.
What is a
recantation? Is it a ground for a new
trial?
It is when a prior
statement is withdrawn formally and publicly by a witness.
It is not a ground
for granting a new trial because it makes a mockery of the court and would
place the investigation of truth at the mercy of unscrupulous witnesses. Moreover, retractions are easy to extort out
of witnesses. In contrast, their
previous statements are made under oath, in the presence of the judge, and with
the opportunity to cross-examine.
Therefore, the original testimony should be given more credence.
However, the
exception to this rule is when aside from the testimony of the retracting
witness, there is no other evidence to support the conviction of the
accused. In this case, the retraction by
the sole witness creates a doubt in the mind of the judge as to the guilt of
the accused. A new trial may be granted.
But if there is other
evidence independent of the retracted testimony, there can be no new trial.
Distinguish between a
recantation and an affidavit or desistance.
● In a recantation, a
witness who previously gave a testimony subsequently declares that his
statements were not true.
● In an affidavit of
desistance, the complainant states that he did not really intend to institute
the case and that he is no longer interested in testifying or prosecuting. It is a ground for dismissing the case only
if the prosecution can no longer prove the guilt of the accused beyond
reasonable doubt without the testimony of the offended party.
Can the accused move
for a new trial if he has found evidence that would impeach the testimony given
by a prosecution witness?
No. Evidence which merely seeks to impeach the
evidence upon which the conviction was based will not constitute grounds for
new trial. It has to be material
evidence.
When is evidence
considered to be material?
It is material if
there is reasonable likelihood that the testimony or evidence could have
produced a different result (the accused would have been acquitted).
Are the mistakes of
counsel in conducting the case valid grounds for a motion for a new trial?
No. The mistakes of counsel generally bind the
client, unless he misrepresented himself as a lawyer when he was in fact a
plumber (or some other occupation). A
new trial may also be granted where the incompetency of the counsel is so great
that the defendant is prejudiced and prevented from fairly presenting his
defense and where the error of counsel is serious.
What is the form
required for a motion for new trial?
The motion for new
trial should:
1.
be in writing; and shall
2.
state the grounds on which it is based. (Rule 121,
Sec. 5)
3.
if based on newly discovered evidence, the motion must be supported by affidavits of witnesses by whom such
evidence is expected to be given or authenticated copies of documents to be
introduced in evidence.
Notice of the motion
for new trial should be given to the prosecutor.
What
is the effect of filing a motion for new trial?
● It interrupts
the period for perfecting an appeal. The period for
perfecting an appeal shall be suspended from the time a motion for new trial or
reconsideration is filed until notice of the order overruling the motion has
been served upon the accused or his counsel at which time the balance of the
period begins to run. (Rule 122, Sec. 6)
What is
the effect of granting a new trial or reconsideration?
(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. (Rule 121, Sec. 6)
● Where a
new judgment of conviction is rendered after said new trial, the period to
appeal commences from the promulgation of the new judgment.
Distinguish between
new trial and reconsideration.
In a new trial, the
case is opened again, after judgment, for the reception of new evidence and
further proceedings. It is only proper
after rendition or promulgation of judgment.
In a reconsideration,
the case is not reopened for further proceeding. The court is merely asked to reconsider its
findings of law in order to make them conformable to the law applicable to the
case.
Distinguish
between new trial and reopening of a case.
1. When
to file. A reopening is made by the court before judgment is rendered,
in the exercise of sound discretion and does not require the consent of the
accused. A motion for new trial is filed after judgment is rendered but before
finality thereof.
2. Who
can file. Reopening of the case may be at the instance of either party
who can thereafter present additional evidence. A motion for new trial is at
the instance or with the consent of the accused.
Motion for New Trial/Reconsideration
in Criminal Cases vs. in Civil Cases
|
MNT
or MR in Criminal Cases
|
MNT
or MR in Civil Cases
|
|
Either on motion of
1. accused, or
2. the court motu proprio with
consent of the accused
|
Must be upon motion of a party,
can’t be motu proprio
|
|
Grounds for MNT –
1. errors of law or
irregularities committed during the trial, or
2. newly discovered evidence
|
Grounds for MNT –
1. FAME, or
2. newly discovered evidence
|
|
Ground for MR – error of law or
fact
|
Grounds for MR –
1. Excessive damages,
2. insufficient evidence, or
3. decision is contrary to law
|
|
Filed any time before judgment of
conviction becomes final
|
Filed within the period for taking
an appeal
|
|
|
Should include all the grounds
then available and those not so included shall be deemed waived.
|
|
When granted, the original
judgment is always set aside or vacated and a new judgment rendered
|
There may be partial grant
|
|
|
2nd MfR not allowed; 2nd
MNT may be allowed on evidence not available before
|
● In criminal cases, it has been held that the lack of affidavits of
merits in a motion for new tiral is not a fatal defect and can be cured by the
testimony presented at the new trial (Paredes vs. Borja, L-15559, November 29,
1961). On the other hands, such lack of affidavits of merits is a fatal defect
in civil actions (Rule 137, Sec. 2)
● The pro forma rule
in motions for new trial, which applies to civil cases under Rule 37, does not
apply to criminal cases (People vs. Colmenares, 107 Phil 220).
When
is a motion for new trial prohibited?
In cases covered by
the Rule on Summary Procedure and the Rule of Procedure for Small Claims Cases.
Can
you file a motion for new trial in the Court of Appeals?
Yes. In both civil
and criminal cases only on the ground of newly discovered evidence (NDE).
SEC. 14. Motion for new trial.—At any
time after the appeal from the lower court has been perfected and before the
judgment of the Court of Appeals convicting the appellant becomes final, the
latter may move for a new trial on the ground of newly-discovered evidence
material to his defense. (Rule 124)
When
can you file a new trial in a criminal case before the Court of Appeals?
At any time from the
time appeal is perfected until the time the Court of Appeal losses
jurisdiction. Rule is the same even for civil cases.
In
the Supreme Court, can you file a motion for new trial?
No. There is no provision
that provides for that. If you file, it is subject to the Court’s discretion
after securing a leave of court. (Salvador)
Cases
People vs. Castelo,
L-10774, February 16, 1961
Evaristo et al. vs.
Lastrilla, 110 Phil 181
Payo vs. Court of
Appeals, L-36809, February 24, 1984
Paredes vs. Borja,
L-15559, November 29, 1961
People vs. Bocar,
L-27935, August 16, 1985
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