NEW TRIAL OR

RECONSIDERATION
Rule 37
 POST JUDGEMENT REMEDIES

• BEFORE a judgement becomes FINAL AND EXECUTORY the aggrieved party may
avail of the following remedies:

• Motion for Reconsideration

• Motion for New Trial;and
• Motion for Appeal
 POST JUDGEMENT REMEDIES

• AFTER a judgement becomes FINAL AND EXECUTORY the aggrieved party may
avail of the following remedies:

• Action to annul judgement

• Petition for Certiorari
• Collateral attack of a judgement
 WHEN DOES A JUDGEMENT BECOMES
FINAL AND EXECUTORY?

• Upon the expiration of a period to appeal from a judgement

or order that finally disposes of the action of the proceeding,
if no appeal has been duly perfected
 GROUNDS FOR FILING THE MOTION
-SEC. 1, RULE 37
NEW TRIAL (FAME & NDE) RECONSIDERATION

Fraud (extrinsic), accident, mistake (of fact The damages awarded are excessive
and not of law) or excusable negligence
which ordinary prudence could not have
guarded against and by reason of which
such aggrieved party has probably been
impaired in his rights;

Newly discovered evidence (Berry Rule), The evidence is insufficient to justify the
which he could not, with reasonable decision or final order;
diligence, have discovered and produced at
the trial, and which if presented would
probably alter the result

The decision or final order is contrary to

law
ANOTHER DIFFERENCE OF NEW TRIAL
FROM RECONSIDERATION
NEW TRIAL
Second motion may be allowed so long as
based on the grounds not existing or
available at the time the 1st motion was
made
If a new trial is granted, the original
judgement or final order is vacated. The
case stands for trial de novo and will be
tried anew.
Available even on appeal but only on the
ground of the newly discovered evidence
RECONSIDERATION
Second motion from the same party is
prohibited
If the court finds that excessive damage has
been awarded, or that the judgement or
final order is contrary to evidence or law, it
may amend such judgement or final order
accordingly
Available against the judgements or final
orders of both the trial and the appellate
court
 MOTION FOR RECONSIDERATION
CONTEMPLATED IN RULE 37 VS RULE 65

RULE 37 Rule 65
directed against a judgment or final order motion for reconsideration of interlocutory
order, which often precedes a petition for
certiorari under Rule 65
 MOTION FOR RECONSIDERATION

Grounds for Motion for Reconsideration

• The evidence is insufficient to justify the decision;
• The damages awarded are excessive;
• The decision or final order is contrary to law.
 WHEN A MOTION FOR RECONSIDERATION
IS PROHIBITED
• Case that falls under 1991 Revised Rules on Summary
Procedure
• Actions for unlawful detainer
• Forcible entry
• Small Claims
• Those directed against an interlocutory order or interim
relief order in Petition for Writ of Amparo and Habeas Data
 NEW TRIAL

• It is the rehearing of a case already decided by the court but before

the judgement thereon becomes final and executory, whereby errors of
law or irregularities are expunged from the record or new evidence is
introduced, or new steps are taken.
 HOW DO YOU DETERMINE WHEN TO USE RULE
9 OR RULE 37 WHEN ONE IS DECLARED IN
DEFAULT?
RULE 9
Use Rule 9, Section 3 [b] after notice of the
order of default but before judgment
RULE 37
Use Rule 37 if there is already a judgment but
not yet final and executory
Rule 37 also applies to a defendant declared in
default
 GROUNDS FOR MOTION FOR NEW TRIAL

• FAME (Extrinsic Fraud, Accident, Mistake or Excusable

Negligence) which ordinary prudence could not have guarded against and by
reason of which the aggrieved party has probably been impaired in his rights.

• Newly discovered evidence, which he could not, with reasonable

diligence, have discovered and produced at the trial, and which if presented would
probably alter the result.
 FRAUD

• EXTRINSIC FRAUD
• type of fraud which has prevented a party from having a trial or from
presenting his case in court.

• INTRINSIC FRAUD
• based on the acts of a party in a litigation during the trial which did not
affect the presentation of the case, but did prevent the fair and just
determination of the case.
 WHEN IS FRAUD A SUFFICIENT GROUND FOR
NEW TRIAL?

• FRAUD must be EXTRINSIC – where the aggrieved party

was misled by the adverse party, and by reason thereof, he
was prevented from presenting his case properly.
 ACCIDENT

• It is something unforeseen, something unexpected or

unanticipated
 MISTAKE

• One which ordinary prudence could not have guarded

against

• GR: A client is bound by the mistake of his lawyer

• Exception: Incompetency and Negligence of a lawyer is so
great that it prejudice the rights of the client
 EXCUSABLE NEGLIGENCE

One which ordinary diligence and prudence could not

have guarded against
 NEWLY DISCOVERED EVIDENCE

• Newly discovered evidence is an evidence which was discovered

after trial, or cannot be discovered during trial given the exercise of
reasonable diligence, and if admitted, such evidence would
probably alter the result of the case.
 REQUISITES FOR NEWLY DISCOVERED
EVIDENCE

• That the evidence was discovered after trial;

• That it could not have been discovered during trial even with
exercise of reasonable diligence; and
• That if admitted, such evidence would probably alter the
result.
 WHEN TO FILE A MOTION FOR A NEW TRIAL
AND A MOTION FOR RECONSIDERATION

• Must be filed within the period for taking an appeal.

• NOTICE OF APPEAL ------ 15 DAYS after the notice of appellant
• WHEN A RECORD ON APPEAL IS REQUIRED – 30 DAYS from notice if judgement or final
order

• Such periods begin upon receipt of notice by the counsel of record

• NO MOTION for extension of time to file a motion for reconsideration shall be
allowed.
 WHERE DO YOU FILE THE MOTION

• Must be within the trial court which rendered the

questioned judgement
 EFFECT OF FILING THE MOTION

• The filing of a timely motion interrupts the period to appeal.

 CONTENTS OF MOTION
-SEC. 2, RULE 26

• The motion shall be:

• made in writing
• stating the ground or grounds therefor

• A written notice of which shall be served by the movant on

the adverse party.
 HOW MUST A MOTION FOR NEW TRIAL BE
PROVED? – SEC. 2, RULE 26
• FAME (Extrinsic Fraud, Accident, Mistake or Excusable
Negligence)
• The motion shall be supported by affidavits of merit.
Non-compliance =motion to a mere pro forma motion.

• The affidavits of merit must show the facts (not mere conclusions or opinions)
constituting the valid cause of action or defense which the movant may prove in
case a new trial is granted.
• Otherwise, if the complaint groundless or the defense is ineffective,
• A new trial would serve no purpose
 HOW MUST A MOTION FOR NEW TRIAL BE
PROVED? – SEC. 2, RULE 26

Newly discovered evidence

• The motion shall be supported by: affidavits of the witnesses by whom such evidence
is expected to be given; and/or duly authenticated documents which are proposed to
be introduced in evidence.

• Non-compliance with this requirement would reduce the motion to a mere pro forma
motion.
 AFFIDAVIT OF MERITS

• must show the facts (not mere conclusions or opinions) constituting the
valid cause of action or defense which the movant may prove in case a
new trial is granted

• Without the AFFIDAVIT OF MERITS, the motion for new trial is a mere
pro-forma motion
 PRO-FORMA MOTION

• One which does not satisfy the requirements of the rules and will
be treated as a motion intended to delay the proceedings

• 2 TYPES OF PRO FORMA MOTION FOR NEW TRIAL :

• A motion for new trial which is not supported by affidavits of merits – one which does
not comply in substance or in form with Section 2; and
• A second motion for new trial on a ground available to the party when the first motion
was filed
 MOTION FOR RECONSIDERATION

• It is necessary for the motion for reconsideration to point out

specifically the findings or conclusions of the judgment or final
order which are
• not supported by the evidence or
• which 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.
 ACTION UPON MOTION FOR NEW TRIAL OR
RECONSIDERATION
-SEC 3, RULE 37
• The trial court may
• set aside the judgment or final order and grant a new trial, upon
such terms as may be just, or
• may deny the motion.
• If the court finds that excessive damages have been awarded or that
the judgment or final order is contrary to the evidence or law, it may
amend such judgment or final order accordingly.
 RESOLUTION OF MOTION
- SEC 4, RULE 37

• A motion for new trial or reconsideration shall be

resolved within 30 days from the time it is submitted
for resolution.
 SECOND MOTION FOR NEW TRIAL
-SEC. 5, RULE 37
• A motion for new trial shall include all grounds then available and those not so
included shall be deemed waived. A second motion for new trial, based on a ground
not existing nor available when the first motion was made, may be filed within the
time herein provided excluding the time during which the first motion had been
pending.
 SECOND MOTION FOR NEW TRIAL
-SEC. 5, RULE 37
• No party shall be allowed a second motion for reconsideration of a
judgment or final order (SINGLE MOTION RULE)

• Exception: A second motion for reconsideration is prohibited and can only be

allowed on extraordinarily persuasive reasons and only after express leave has
been obtained (Roasters Philippines, Inc. v. Gaviola)
 EFFECT FOR GRANTING THE MOTIOM

• Grant of motion for reconsideration

The court may amend the judgment or final order accordingly. The amended
judgment is in the nature of a new judgment, which supersedes the original judgment.

• Grant of motion for new trial

The original judgment shall be vacated, and the action shall stand for trial de
novo. The recorded evidence upon the former trial shall be used at the new trial
without retaking them (if they are material and competent).
 PARTIAL NEW TRIAL OR
RECONSIDERATION
• If the grounds for a motion under this Rule appear to the court to affect
the issues as to only a part, or less than all of the matter in
controversy, or only one, or less than all, of the parties to it, the
court may order a new trial or grant reconsideration as to such issues if
severable without interfering with the judgment or final order upon the
rest.
 EFFECT OF ORDER FOR PARTIAL NEW
TRIAL

• When less than all of the issues are ordered retried, the court
may either enter a judgment or final order as to the rest, or
stay the enforcement of such judgment or final order until
after the new trial
 REMEDY WHEN MOTION IS DENIED
- SEC. 9, RULE 37

• To appeal from the judgment or final order itself.

• The order denying the motion for new trial or

reconsideration may itself be assailed by a petition for
certiorari under Rule 65. (amended by A.M. No. 07-7-12 SC)
 FRESH PERIOD RULE

• Neypes v. CA (2005): If the motion is denied, the movant has

a “fresh period” of 15 days from receipt or notice of the order
denying the motion for new trial or motion for
reconsideration within which to file an appeal.
• Refers to the appeal from the judgement itself
THANK YOU!