The document discusses rules and procedures related to motions for new trial or reconsideration in criminal cases. It outlines the grounds for granting a new trial, such as errors during the trial or newly discovered evidence. It also discusses exceptions, such as recantation by a witness generally not being sufficient for a new trial. The effects of granting a new trial and procedures for appeals are also covered.

3. NEW TRIAL OR RECONDERATION
An accused may file a motion for new trial or
reconsideration before a judgement of conviction
becomes final.
On appeal, the accused as appellant may also file a
motion for new trial.

4. GROUNDS FOR NEW TRIAL
1. The errors of law or irregularities prejudicial to the substantial
rights of the accused have been committed during the trial;
2. The new and material evidence has been discovered which the
accused could not with reasonable diligence have discovered
and produced at the trial, and which if introduced and
admitted would probably change the judgement.

5. NEWLY DISCOVERED EVIDENCE AS
GROUND FOR NEW TRIAL
 SETTLED RULE: before a new trial may be granted on the
ground of newly discovered evidence, it must be shown:
1. That the evidence have been discovered after trial;
2. That such evidence could not have been discovered and
produced at the trial even with the exercise of reasonable
diligence and
3. That it is material, not merely cumulative, corroborative or
impeaching and of such a weight that it would probably
change the judgment if admitted.

6. GROSS NEGLIGENCE OF COUNSEL AS
GROUND FOR NEW TRIAL
GENERAL RULE: the client is bound by the
mistake of his counsel.
HOWEVER, if mistake or negligence of counsel
is so gross as to deprived the client of his right
to due process of law, he may be entitled to a
new trial.

7. RECANTATION NOT A GROUND FOR NEW
TRIAL
A recantation is the renunciation or formal
and public withdrawal of a prior statement
of a witness.
It isn’t a ground for granting a new trial becaus
e it makes a mockery of the court and would place
the investigation of truth at
the mercy of unscrupulous witnesses.

8. RECANTATION NOT A GROUND FOR NEW
TRIAL
Moreover, retractions are
easy to extort out of witnesses.
 In contrast, their previous statements are made under
oath, in the presence of a judge, and
with the opportunity to cross-examine.
 Therefore, the original testimony should be given more
credence.

9. RECANTATION NOT A GROUND FOR NEW
TRIAL
 EXCEPTION TO THIS RULE: is when aside from the
testimony of the retracting witness, there is no other evidence
to support the conviction of the accused.
 In this case, the retraction by the sole witness creates a doubt
in the mind of the judge as to the guilt of the accused.
 A new trial may be granted.
 But if there is other evidence independent of the retracted
testimony, there can be no new trial.

10. LOST RECORDS AS A GROUND FOR NEW
TRIAL
 EXCEPTION: the loss of the transcript of the stenographic
notes, containing the testimonies of prosecution witness, does
not constitute an irregularity which justifies a new trial.
 REMEDY: reconstruction in civil cases apply in criminal cases.
 It is only when the decision itself has been lost and no
authentic copy thereof is obtainable that the case should be
decided anew as if it has never been decided.

11. GRANT OF NEW TRIAL IS NOT
APPEALABLE
The grant of a new trial is not appealable since
it is not a final judgment.
However, certiorari and prohibition may be
filed to challenge the order granting a new
trial for having been imprudently issued and in
grave abuse of discretion.

12. GRANT OF NEW TRIAL IS NOT
APPEALABLE
REASON: the conclusion of the new trial, the
court may quit the defendant and the
prosecution would have no more opportunity
of bringing before the appellate court the
question of the legality or illegality of the
order granting new trial because of double
jeopardy may bar it.

13. HEARING ON MOTION
Where a motion for a new trial calls
for resolution of any question of
fact, the court may hear evidence
thereon by affidavits or otherwise.

14. EFFECTS OF GRANTING NEW TRIAL OR
RECONSIDERATION
When new trial is granted on the ground of:
1. Errors of law or irregularities committed during
trial, all the proceedings and evidence affected
thereby shall beset aside and take a new.
The court may in the interest of justice, allow the
introduction of new evidence.

15. EFFECTS OF GRANTING NEW TRIAL OR
RECONSIDERATION
When new trial is granted on the ground of:
2. 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
record.

16. EFFECTS OF GRANTING NEW TRIAL OR
RECONSIDERATION
When new trial is granted on the ground of:
3. In all cases, when the court grants new trial or
reconsideration, the original judgement shall
beset aside or vacated and a new judgement
rendered accordingly.

17. EFFECT OF GRANTING NEW TRIAL
(NEW PERIOD TO APPEAL)
 The mere grant of the motion for new trial operates to
vacate the original judgment.
 The effects of 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 the judgement so that the case
may be tried DE VONO as if no trial had been had before, for
the purpose of rendering judgment in accordance with the
law. Taking into consideration the evidence to be presented
during the second trial.

19. WHO MAY APPEAL
 The right to appeal from a final judgment or order in
criminal case is granted to “any party” except when the
accused will be placed in double jeopardy.
 An offended party may file an appeal from a judgment or
order acquitting the accused or dismissing the complaint to
pursue his claim for damages or file a special civil action
with the Court of Appeals or the Supreme Court where
appropriate.

20. OFFENDED OR AGGRIEVED PARTY MAY
FILE APPEAL OR CERTIORARI
 SETTLED RULE: where the offended party is the State, the
interest of the private complainant or private offended party is
limited to civil liability.
 If the criminal case is dismissed by the trial court or if there’s an
acquittal, an appeal therefrom, if it will not put the accused in
double jeopardy, on the criminal aspect may be undertaken
ONLY by the State through the Solicitor General.
 Only the Solicitor General may represent the People of the
Philippines.

21. OFFENDED OR AGGRIEVED PARTY MAY
FILE APPEAL OR CERTIORARI
IN SPECIAL ACTION FOR CERTIORARI filed
under Rule 65 of the Rules of Court, wherein it
is alleged that the trial court committed a grave
abuse of discretion amounting to lack or excess
of jurisdiction or other constitutional grounds, the
rules state that the petition may be files by the
person aggrieved.

22. OFFENDED OR AGGRIEVED PARTY MAY
FILE APPEAL OR CERTIORARI
The action may be prosecuted in the name of
the complainant and not under the People of
the Philippines and the complainant are
benefited, as there will be further proceedings
and the remand of the case to the trial court
for further proceedings will not place the
accused in double jeopardy.

23. REMEDY OF OFFENDED PARTY WHERE CIVIL
ASPECT IS DISMISSED BY TRIAL COURT
 Where the civil action is deemed impliedly instituted in the
criminal action, as when the offended party did not waived it,
did not reserve the right to institute it separately or did file it
prior to the criminal action, and the accused was convicted
but the trial court dismissed the civil action, and the accused
appealed the conviction to the Court of Appeals, the offended
party could not question the dismissal of his civil action by
directing file with the Supreme Court a petition for review
under Rule 45 on the grounds that he has only raising
questions of law.

24. WHERE TO APPEAL
 (a) To the Regional Trial Court, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, or Municipal Circuit Trial Court;
 (b) To the Court of Appeals or to the Supreme Court in the
proper cases provided by law, in cases decided by the
Regional Trial Court; and
 (c) To the Supreme Court, in cases decided by the Court of
Appeals

25. HOW APPEAL TAKEN
(a) The appeal to the Regional Trial Court, or to
the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original
jurisdiction, shall be taken by filing a notice of
appeal with the court which rendered the
judgment or final order appealed from and by
serving a copy thereof upon the adverse party.

26. HOW APPEAL TAKEN
(b) The appeal to the Court of
Appeals in cases decided by the
Regional Trial Court in the exercise of
its appellate jurisdiction shall be by
petition for review under Rule 42.

27. HOW APPEAL TAKEN
 (c) The appeal to the Supreme Court in cases where the
penalty imposed by the Regional Trial Court is reclusion
perpetua or life imprisonment, or where a lesser penalty is
imposed but for offenses committed on the same occasion or
which arose out of the same occurrence that gave rise to the
more serious offense for which the penalty of death, reclusion
perpetua, or life imprisonment is imposed, shall be by filing a
notice of appeal in accordance with paragraph (a) of this
section.

28. HOW APPEAL TAKEN
 (d) No notice of appeal is necessary in cases where the
death penalty is imposed by the Regional Trial Court. The
same shall be automatically reviewed by the Supreme
Court as provided in section 10 of this Rule.
 (e) EXCEPT as provided in the last paragraph of section 13,
Rule 124, all other appeals to the Supreme Court shall be
by petition for review on certiorari under Rule 45. (3a)

29. SERVICE OF NOTICE OF APPEAL
—If personal service of the copy of the
notice of appeal can not be made upon
the adverse party or his counsel, service
may be done by registered mail or by
substituted service.

30. WHEN APPEAL, TO BE TAKEN
 An appeal must be taken within fifteen (15) days from
promulgation of the judgment or from notice of the final
order appealed from.
 This period for perfecting an appeal shall be suspended
from the time a motion for new trial or reconsideration is
filed until notice of the order overruling the motion has
been served upon the accused or his counsel at which time
the balance of the period begins to run.

31. APPEAL TO THE REGIONAL TRIAL COURTS
(a) Within five (5) days from perfection of the
appeal, the clerk of court shall transmit the original
record to the appropriate Regional Trial Court.
 (b) Upon receipt of the complete record of the case,
transcripts and exhibits, the clerk of court of the
Regional Trial Court shall notify the parties of such
fact.

32. APPEAL TO THE REGIONAL TRIAL COURTS
(c) Within fifteen (15) days from receipt of said notice,
the parties may submit memoranda or briefs, or may be
required by the Regional Trial Court to do so.
After the submission of such memoranda or briefs, or
upon the expiration of the period to file the same, the
Regional Trial Court shall decide the case on the basis
of the entire record of the case and of such
memoranda or briefs as may have been filed.

33. EFFECT OF APPEAL BY ANY OF SEVERAL
ACCUSED
 (a) An appeal taken by one or more of several accused shall not
affect those who did not appeal, EXCEPT insofar as the
judgment of the appellate court is favorable and applicable to
the latter.
 (b) The appeal of the offended party from the civil aspect shall
not affect the criminal aspect of the judgment or order
appealed from.
 (c) Upon perfection of the appeal, the execution of the judgment
or final order appealed from shall be stayed as to the appealing
party

34. WITHDRAWAL OF APPEAL
Notwithstanding perfection of the appeal, the
Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court,
or Municipal Circuit Trial Court, as the case may be,
may allow the appellant to withdraw his appeal
BEFORE the record has been forwarded by the clerk
of court to the proper appellate court.

35. WITHDRAWAL OF APPEAL
PROVIDED a motion to that effect is filed
before rendition of the judgment in the
case on appeal, in which case the judgment
of the court of origin shall become final and
the case shall be remanded to the latter court
for execution of the judgment.

36. APPOINTMENT OF COUNSEL DE OFICIO
FOR ACCUSED ON APPEAL
 —It shall be the duty of the clerk of the trial court, upon
filing of a notice of appeal, to ascertain from the appellant,
if confined in prison, whether he desires the Regional Trial
Court, Court of Appeals or the Supreme Court to appoint a
counsel de oficio to defend him and to transmit with the
record on a form to be prepared by the clerk of court of the
appellate court, a certificate of compliance with this duty
and of the response of the appellant to his inquiry.

37. THANK YOU FOR READING!
CHELDHAYE