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New Trial Or Reconsideration



Section 1. New trial or Reconsideration

NEW TRIAL - The rehearing of a case already decided but before the
judgment of conviction therein rendered has become final, whereby
errors of law or irregularities are expunged from the record or new
evidence is introduced or both steps are taken.

Once the appeal is perfected, the trial court steps out of the case
and the appellate court steps in. When new material evidence has been
discovered, the accused may file a motion for new trial with the
appellate court.

Trial Court Loses Jurisdiction Over Its Sentence Even Before The
Lapse Of 15 Days
1. When the defendant voluntarily submits to the execution of the
   sentence
2. When the defendant perfects his appeal.

Differences
1. New Trial - Proper only After rendition or promulgation of judgment
   (15 days from promulgation of judgment)

   Reconsideration - May be filed in order to correct errors of law or
   fact in judgment; does not require any further proceeding.

   Reopening of Trial - May be properly presented only after either
   both parties have formally offered and closed their evidence
   But Before judgment.

   Reopening of Case - Made by the court before judgment is rendered
   in the exercise of sound discretion.

2. New Trial - Requires consent of the accused.

   Reconsideration - Judgment will be based on the pleadings submitted
   by the parties.

   Reopening of Trial - Possible to have trials or hearings or reception
   of justice in order to avoid miscarriage of justice.

   Reopening of Case - Does not require the consent of the accused.

3. New Trial - Made at the instance of the accused or upon the
   initiative of the court but with the consent of the accused.

   Reopening of Case - May be made at the instance of either party who
   can thereafter present additional evidence.

4. New Trial - Interrupts the period for perfecting an appeal from the
   time of its filing until notice of the order overruling the motion
   shall have been served upon the accused or his counsel.

   Reconsideration - Interrupts the period for perfecting an appeal
   from the time of its filing until notice of the order overruling
   the motion shall have been served upon the accused or his counsel.
















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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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