Sec. 1. New Trial or Reconsideration
- after judgment is rendered but before the judgment of conviction becomes final (before perfection of appeal)
WHO MAY FILE:
- The accused
- The court motu propio but with consent of accused
NEW TRIAL/RECONSIDERATION vs. MODIFICATION OF JUDGMENT
- NT: new proceeding, new evidence; MJ: proceed on the evidence on record
NEW TRIAL vs. REOPENING
- NT: after judgment is rendered but before it becomes final; RO: before rendering of judgment but after submission of case for decision
NOTA BENE:
- The moment appeal is perfected, trial court loses jurisdiction over the case and therefore can no longer set aside its judgment and grant new trial.
- But a mere oral notice by the accused of his intention to appeal does not count to cause trial court to lose jurisdiction. EXCEPT: if he also posts bail bond for his provisional release
- discretionary on the court
- suspends the period from promulgation of judgment to its finality
Sec. 2. Grounds for New Trial
- Errors of law or irregularities prejudicial to the substantial rights of the accused
- Newly discovered evidence
- irregularity must be committed during the trial
REQUISITES OF NEWLY DISCOVERED EVIDENCE:
- Discovered after trial
- Evidence could not have been discovered or introduced during trial even with reasonable diligence
- Material, not merely cumulative, corroborative or impeaching, and one that can probably change the outcome of the judgment
RULE ON RECANTING WITNESSES:
- is not a ground for granting of new trial, UNLESS: no evidence is available except the testimony of that recanting witness, or if the circumstances changes the conclusion arrived at by the trial judge
Sec. 3. Grounds for Reconsideration
- Errors of law
- Errors of fact in the judgment
Sec. 4. Form of Motion and Notice to the Prosecution
- in writing, containing the specific grounds
- if based on NEWLY DISCOVERED EVIDENCE: supporting affidavits of new witnesses or duly authenticated copies of new documents to be introduced
- prosecutor should be notified
Sec. 5. Hearing on Motion
- QUESTION OF FACT: court may hear evidence by affidavits or otherwise
- purpose is to determine whether new trial should be granted or not
Sec. 6. Effects of Granting a New Trial or Reconsideration
1. ERRORS OF LAW OR IRREGULARITIES: proceedings and evidence affected thereby shall be set aside and taken anew; additional evidence
2. NEWLY DISCOVERED EVIDENCE: evidence on record shall stand and taken together with the newly discovered evidence
- original judgment shall be vacated or set aside and a new one be rendered accordingly
- waiver of double jeopardy
