Remedial Law (Civil Procedure)

1. RULE 37
MOTION FOR NEW TRIAL OR RECONSIDERATION
-filed within the period for taking an Appeal.
To WARRANT a new trial, the newly discovered evidence:
1. Must have been discovered after trial
2. Could not have been discovered and produced at the trial despite reasonable diligence
3. If presented, would probably alter the result of the action
GROUNDS FOR MOTION FOR NEW TRIAL
1. FAME which ordinary prudence could not have guarded against and by reason of which
such aggrieved party has probably been impaired in his rights.
2. Newly discovered evidence w/c if presented would probably alter the result.
3. Extrinsic or Collateral Fraud-fraud w/c prevents the aggrieved party from having a
trial or presenting his case to the court, or was used to procure the judgment without fair
submission of the controversy
Intrinsic Fraud-refers to acts of a party at the trial w/c prevented a fair and just
determination of the case.
M ista ke-one w/c ordinary prudence could not have guarded against.
Excusable Nealiaence-one w/c ordinary diligence and prudence could not have guarded
against and by reason of w/c the rights of an aggrieved party have been probably
impaired.
TEST o f EXCUSABLE NEGLIGENCE-whether a party acted with ordinary
prudence while transacting important business.
MNT-must be supported by affidavit of merits, w/c should state facts and not mere opinions
or conclusions of law (required only if the grounds relied upon are FAME)
AoM may be dispensed with if:
a. Judgment is null and void (court has no jurisdiction over the defendant or subject
matter.
b. Procedurally defective- Judgment by default was rendered before the reglamentary
period to answer had expired.
c. Defendant was unreasonably deprived of his day in court.
NB: AoM are required only in MNT not in M/R
PRO-FROMA MOTION- one w/c does not comply with the requirements under Rule 37.
-pleading that has the form but no substance.
Effect: Pro Forma Motion for new trial or reconsideration shall not toll the
realementaru period of Appeal.
GROUNDS FOR MOTION FOR RECONSIDERATION (DED)
1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision or final order
3. Decision or final order is contrary to law.
-Court could modify or alter a judgment even after the same has been executory WHENEVER
circumstances transpire rendering its decision unjust and inequitable
PERIOD TO RESOLVE MNT or M/R- “30 days” from the time it is submitted for resolution.
NB: There can be second motion for new trial but NO second Motion for Reconsideration (Reason:
All litigation must come to an end at some point)
EFFECT of granting MNT: Original judgment/ final order be vacated and action shall stand
for trial de novo.
-Relaxation of Rules of Court not possible if no valid justification.
EFFECT of order for PARTIAL NEW TRIAL: When less than all of the issues are ordered
RETRIED, court may either (a) ENTER judgment or final order as to the rest (b) STAY the
enforcement of such judgment or final order until after the new trial.
REMEDY: against order denying MNT or M/R -APPEAL FROM THE JUDGMENT OR FINAL
ORDER

2. RULE 38
RELIEF FROM JUDGMENTS ORDERS, OR OTHER PROCEEDINGS
Petition for Relief- is a legal remedy whereby a party seeks to set aside a judgment rendered
against him by court whenever he was unjustly deprived of a hearing or was prevented from
taking an Appeal in either case because of FAME.
- In effect, it is a second opportunity for an aggrieved party to ask for new trial. (Sayman vs. CA)
PRFJ- Applicable to all kinds of Special Proceedings
Intestate Settlement, Guardianship Proceedings, Land Registration
When and How Filed: - a verified petition for relief must be filed w/in 60 days after petitioner
learns of the judgment, final order, or “o th e r proceeding” (includes an order or writ of execution,
order dismissing an appeal) to be set aside and not more than 6 months after such judgment
or final order has been entered or such proceeding has been taken.
-must be accompanied with affidavit of merit alleging the grounds below.
GROUNDS:
1. FAME (Heavy workload not a ground for excusable negligence (LBP vs. Eli GC
Natividad. et a l )
2. Existence of a good and substantial cause of action or defense.
-ABSENCE of AoM is a fatal defect and warrants the denial of the petition.
Two periods for the filing of a petition for relief are not extendible and never interrupted
1. 60 day period- reckoned from time party acquired knowledge of O/J/P
2. 6-month period-computed from date of entry of order or judgment in the book of entries
NOT from the date of order of default or the rendition of finality of judgment.
REMEDY: Denial of Petition for Relief from Judgment (PRFJ) or an order disallowing or
dismissing an appeal may only be challenged through Special Civil Action of Certiorari under
Rule 65. (Cross Reference-Rule 41, Sec. 1 par b interlocutory, and last par of same rule)
Interlocutory: Petition for Relief from the order of Default, Order denying an M/R of the default
order. (Not Appealable)
-BUT an order seeking to set aside the order of default is final and therefore appealable
COURT ISSUES ODER TO FILE AN ANSWER-If PRFJ is sufficient in form and in substance,
adverse parties file their answer within 15 days from the receipt thereof. (Order +copy of
petition+AOM)
-FAILURE to file an answer does not constitute DEFAULT, even w/out an answer, the court will
still have to hear the petition and determine its merits.
2 HEARINGS IN A PETITION FOR RELIEF
1. Hearing to determine whether J/O/P should be set aside
2. In the affirmative, hearing on the merits of the case.