Ground for Reconsideration
Ground for reconsideration
Section 3.
GROUNDS FOR RECONSIDERATION
1. Errors of law
2. Errors of fact in judgment
The principle underlying this rule is to afford the trial court the opportunity to correct its own mistakes and to avoid unnecessary appeals from being taken. The grant by the court of reconsideration should require no further proceedings, such as taking of additional proof.
Section 4. Form of motion and notice to the prosecutor.
Form of Motion for New trial or Reconsideration
1. In writing
2. Filed in court
3. State the grounds on which it is based
4. If based on newly discovered evidence (for new trial), 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 or reconsideration should be given to the prosecutor.
Upon receipt of the motion for new trial/reconsideration, the court should conduct a hearing regarding the motion in order to determine the merits of the motion.
While the rule requires that an affidavit of merits be attached to support a motion for new trial based on newly discovered evidence, the defect or lack of it may be cured by testimony under oath of the
defendant at the hearing of the motion (Paredes v Borja, 3 SCRA 495).
Section 5. Hearing on motion
The purpose of hearing is to determine whether the new trial is requested should be granted or not.
Section 6. Effects of granting a new trial or reconsideration
Effects 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 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. The effect of the granting a new trial is not to acquit the accused of the crime of which the judgment finds him guilty but precisely to set
aside said judgment so that the case may be tried de novo as if no trial had been conducted before.
Unlike the rule in civil cases, the remedy of the aggrieved party being appeal in due time, an order granting a new trial rendered in criminal cases is also interlocutory BUT is controllable by certiorari or prohibition at the instance of the prosecution.
Section 3.
GROUNDS FOR RECONSIDERATION
1. Errors of law
2. Errors of fact in judgment
The principle underlying this rule is to afford the trial court the opportunity to correct its own mistakes and to avoid unnecessary appeals from being taken. The grant by the court of reconsideration should require no further proceedings, such as taking of additional proof.
Section 4. Form of motion and notice to the prosecutor.
Form of Motion for New trial or Reconsideration
1. In writing
2. Filed in court
3. State the grounds on which it is based
4. If based on newly discovered evidence (for new trial), 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 or reconsideration should be given to the prosecutor.
Upon receipt of the motion for new trial/reconsideration, the court should conduct a hearing regarding the motion in order to determine the merits of the motion.
While the rule requires that an affidavit of merits be attached to support a motion for new trial based on newly discovered evidence, the defect or lack of it may be cured by testimony under oath of the
defendant at the hearing of the motion (Paredes v Borja, 3 SCRA 495).
Section 5. Hearing on motion
The purpose of hearing is to determine whether the new trial is requested should be granted or not.
Section 6. Effects of granting a new trial or reconsideration
Effects 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 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. The effect of the granting a new trial is not to acquit the accused of the crime of which the judgment finds him guilty but precisely to set
aside said judgment so that the case may be tried de novo as if no trial had been conducted before.
Unlike the rule in civil cases, the remedy of the aggrieved party being appeal in due time, an order granting a new trial rendered in criminal cases is also interlocutory BUT is controllable by certiorari or prohibition at the instance of the prosecution.
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