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Ground For Reconsideration


Section 3. Ground for reconsideration

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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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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