Lack of Affidavit of Merit in a Motion for New Trial Not Fatal

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...

read more...

Requisites for a New Trial or Reconsideration

1.) In writing and filed with the court 2.) Clearly state the grounds on which it is based 3.) If based on a newly-discovered evidence, it must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence. (Rules of Court, Rule...

read more...

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...

read more...

Rights of the Accused at Trial

In all criminal prosecutions, the accused shall be entitled to the following rights: (a)  To be presumed innocent until the contrary is proved beyond reasonable doubt. (b)  To be informed of the nature and cause of the accusation against him. (c) To be present and defend in person and by counsel at every stage of the proceedings,...

read more...

Amendment or Substitution

A complaint or information may be amended, in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused.  However, any amendment before...

read more...