JAN.

8, 2015
RULE 37: NEW TRIAL OR RECONSIDERATION
(DIOLOLA)
This rule actually contains 2 motions and these will be motions for new trial or reconsideration.
When will second motion for new trial happen?
The ground did not yet exist at the time when the first motion for new trial was filed.
When is the filing of the second motion for new trial?
Should be within the 15-day period for taking an appeal.
What about motion for reconsideration? Are you allowed to file a second motion? Exceptions?
NO. Except lang before the Supreme Court. Only the Supreme Court may allow, but you have to file a motion for leave for the filing of
second motion for reconsideration.
When to file motion for new trial or reconsideration?
Within 15 days from taking an appeal usually reckoned from the day you receive the decision. Regalado mentioned 15 or 30 days from
taking an appeal because as a general rule, appeal period is 15 days, but there are cases where appeal period is 30 days in cases where
the law requires the filing of a record of appeal. Example: expropriation proceedings, settlement of estate. And the requirement there will not
only be filing a notice of appeal but also a record of appeal.
Ground for new trial: (FAMEN)
1
2
3
4
5

Fraud
Accident
Mistake
Excusable Negligence
Newly discovered evidence - with reasonable diligence, have discovered and produced at the trial & which if presented would probably
alter the result

Grounds for Reconsideration:

1
2
3

Award of damages is excessive

Facts & evidences are insufficient to justify decision or final order
Decision is contrary to law

Requirements for New Trial:

1
2
3
4

Should be in writing
Affidavit of merit of existence of FAME must comply with rule of motions
Must comply with the 3-day notice rule
In case of newly discovered evidence a. affidavit of new witnesses b. duly authenticated documents to be introduced

Requirements for Reconsideration:

1
2
3

Should be in writing
Must point out specifically the conclusion of judgment
Express reference to testimonial or documentary evidence or to provisions of law

Must it contain an affidavit? There is one case sited by Regalado that a motion for reconsideration need not contain an affidavit of merit.
FRAUD:
What kind of fraud?
Not intrinsic. It should be extrinsic or collateral fraud. What do you mean by that? These are instances which prevented one party from fairly
presenting his case in court. Like for example his lawyer was thinking all along that compromise agreement was supposed to be entered into
but there was none pala.
ACCIDENT:
An event that takes place without ones foresight or expectation.
MISTAKE:
What kind of mistake?
GR: mistake of fact
Why is mistake of law not a ground? Because ignorance of the law excuses no one from compliance therewith. But there are exceptions.
XPN: (for mistake of law to be a ground to prevent manifest injustice)
When one of the parties is of limited intelligence that he cannot understand the ___ (17:06) of the application of the law
Mistake of fact is made by the party himself. What about mistakes of the counsel? In legal ethics, the rule is: mistake of counsel is mistake of
client. Can there be an exception to that where the client is not bound to the mistake of the lawyer? Notice to client is notice to counsel, but
notice to an irresponsible counsel is not notice to client.
EXCUSABLE NEGLIGENCE:
Depends upon the circumstances of the case

NEWLY DISCOVERED EVIDENCE (also known as forgotten evidence):

Requisites:
1
2
3

Discovered after trial

Could not have been discovered and produced at trial despite the exercise of reasonable diligence
If presented, could probably alter the result of the action

(TING)
Earlier, we were talking about the requisites for the filing of motion of new trial. It has to be in writing, has to obtain an affidavit of merit
filing is considered complied or conformed to the requirements of the rules. Why? Give me an instance that it has complied with the rules for
motions.
It might be a ground to dismiss the motion right away but more than that, what is the effect? It makes the motion pro-forma.
What is pro-forma motion?
Doesnt comply with Rule 15 & 37 doesnt point out specifically the findings or conclusions of the judgment as are contrary to law, making
express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or
conclusions, and is merely intended to delay the proceedings or if there is no affidavit of merit.
What is the effect if motion for new trial or reconsideration is pro-forma?
This only applies in civil cases and other cases, but not criminal.
It will not toll (suspend) the right of the reglementary period for the appeal. After 30 days the decision is rendered, you can no longer appeal
because the appeal there is never tolled.
What are the instances when the motion becomes pro-forma particularly if you are referring to a motion for reconsideration? Patay ka ha.
1.
2.
3.
4.

Motion for new trial is pro-forma where it uses the same ground. You only repeat the grounds which were already alleged when trial was
going on.
The same arguments were used as in the arguments when you were told to submit your respective memorandum after the case has
been submitted for decision.
Sufficiency of evidence
Lack of __ based on fraud, accident, mistake, excusable negligence and you were not able to prove it because if you raise these, they
must be specifically set forth in your motion. A general allegation is not sufficient. You must express specifically the acts the constituting
FAME.

One of the requisites for filing of new trial is that it must contain an affidavit of merit.
What should be in that affidavit of merit?

1.
2.

It should contain the act constituting the ground i.e. extrinsic fraud must be specified
It should contain the statement that you have a good and meritorious defense

XPN: When the petition itself already contained the grounds that you already set forth in your petition. The grounds of your motion for new
trial specifically its as if there is already an affidavit of merit so to speak.
What should the court do in connection with the motion for new trial?
1.
2.

If it is denied no problem
If granted set aside / vacate judgment or final order and order new trial however, if there are already evidences which were presented
which served as basis for the decision subject of the motion for new trial, can that still be adapted by the court? YES. Evidences already
appreciated by the court can still be adapted in new trial.

What about for the motion for reconsideration?

1.

If granted - the decision is amended accordingly.

RULE 38: PETITION FOR RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS
(CAPOQUIAN)
What is this petition for relief from judgment, orders or other proceedings and when is this availed?
1. This can be availed of if the judgment or final order was rendered based on FAME.
2. Judgment is rendered and party has been prevented by FAME from taking an appeal.
Diba you were not able to appeal? There is still one remedy but it should be based on FAME because remember this is an extraordinary
remedy. This will not be granted by court if the appropriate remedy is actually appealed or in a certiorari so to speak. FAME should be
interpreted to be the same as in the interpretation in Rule 37 (grounds on motions for new trial).
Negligence of lawyer where it was also considered the negligence of client but if the negligence is to the extent that it affects the clients
interest as to suffer injustice, the law still allows the filing of relief from judgment. If you fail to file an appeal, the remedy is to file a petition
of relief from judgment.
What are those including in other proceedings?
If court grants an order of writ of execution you can file to the court for leave of judgment
When should that be filed?
1.
2.

60 days from the time the petitioner learns of the judgment, decision or other proceedings and
Within 6 months from entry into the book of judgment by the clerk of court

In a petition for relief from judgment, it concerns judgments and decisions. Will the filing of the petition for relief from judgment suspend the
execution? Will it stay the execution? We are talking about a judgment rendered by the court. You failed to appeal, opted to file petition for
relief from judgment. Will it stay a decision which is final and executory? NO.
What will you do so that the decision will be stayed?
Your petition for relief from judgment must have a prayer for the issuance a writ of preliminary injunction or temporary restraining order
this is the only way by which you can prevent the execution of a judgment or decision subject for petition for relief from judgment. If a court
does not issue a writ of preliminary injunction to be honest with you, your petition is nothing, because the other party can still file a motion
for execution for that particular decision.
But however, if you are granted with a preliminary injunction, you are required by the court to what?
Put up a bond to answer for whatever damages the other party may incur if it turns out later that you are not entitled to the petition for the
relief from judgment you prayed for. A bond will answer for those damages.
What is required when you file a petition for relief from judgment?
1.
2.
3.

It must be verified
It must have an affidavit of merit
And must contain the grounds for petition

After receipt of petition, what will the court do?

It will require the respondent to file an answer within 15 days after which it will be set for trial.
What is the effect?
If granted a new decision is made by court.
Where should you file a petition for relief from judgment?
From the court where the decision was read. If its MTC, you file it with MTC, if its RTC, you file it with RTC.