file:crimpro_part1_vii.htm

8.  MOTION FOR NEW TRIAL OR RECONSIDERATION

1.  Grounds For New Trial239

1. That errors of law or irregularities have been committed during the trial
prejudicial to the substantial rights of the accused;

2. That 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 judgment;

3. Meritorious circumstances as determined by the court on a case-to-case
basis, such as:

3.1 retraction of a witness240

3.2 negligence or incompetency of counsel241

3.3 improvident plea of guilty;

3.4 disqualification of an attorney de officio
to represent the accused in trial court242

2.  Ground For Reconsideration243

1. Errors of law or fact in the judgment.

3.   Form Of Motion For A New Trial Or
Reconsideration244

1. The motion shall be in writing and filed with the court. 245

2. It shall state the grounds on which it is based.

3. If based on newly discovered evidence, it must be supported by affidavits
of witnesses by whom such evidence is expected to be given or by duly
authenticated copies of documents which it is proposed to introduce in
evidence.

4.  Steps to take

1. Ascertain whether motion is seasonably filed with notice to the
prosecutor and in due form;

2. Where a motion for the decision of any question of fact: hear evidence of
such motion by affidavits or otherwise; 246

3. When a new trial on the ground of errors of law or irregularities
committed during the trial is granted, see to it that all the proceedings and
evidence not affected by the commission of such errors and irregularities
remain: set aside those affected thereby. In the interest of justice, allow the
introduction of additional evidence;

4. When a new trial is granted on the ground of newly discovered evidence,
let the evidence already taken stand; take and consider together with the
evidence already in the record the newly discovered and such other evidence
allowed to be introduced, in the interest of justice;

5. In all cases, when a new trial or reconsideration is granted, set aside
the original judgment and render a new judgment accordingly. 247