1997 Rules on Civil Procedure Rule 53

2001 Edition New Trial

Rule 53
NEW TRIAL

Q: What is the ground for new trial in CA?

A: The ground for new trial is newly discovered evidence. (Section 1)

Sec. 1. Period for filing; ground. - At any time after the appeal from
the lower court has been perfected and before the Court of Appeals loses
jurisdiction over the case, a party may file a motion for a new trial on the
ground of newly discovered evidence which could not have been discovered
prior to the trial in the court below by the exercise of due diligence and
which is of such a character as would probably change the result. The
motion shall be accompanied by affidavits showing the facts constituting the
grounds therefor and the newly discovered evidence. (1a)

The ground is newly discovered evidence similar to the second ground for new trial in the RTC
(FAME). Fraud, accident, mistake – hindi kasali. Only newly discovered evidence is the ground
under Rule 53.

Q: Suppose the case is before the SC, can a party file a motion for new trial on the ground of
newly discovered evidence before the SC under Rule 53 in a civil case?
A: NO. The SC said in the case of

NAVARRA vs. COURT OF APPEALS

204 SCRA 850

HELD: The Rules of Court allows only two (2) occasions where a party may file a
motion for new trial on the ground of newly discovered evidence. That motion may be
filed only with the trial court under Rule 37 or with the CA under Rule 53 BUT NEVER
with the SC.
“Time and again, We have stressed that the SC is not a trier of facts. It is not a
function of the SC to analyze or weigh all over again the evidence already considered in
the proceedings below. Its jurisdiction is limited to reviewing only errors of law that
may have been committed by the lower courts.”

If there would be a motion for new trial with the SC and it would be granted, you are
converting the SC into a trial court.

Sec. 2. Hearing and order. - The Court of Appeals shall consider the new
evidence together with that adduced at the trial below, and may grant or
refuse a new trial, or may make such order, with notice to both parties, as
to the taking of further testimony, either orally in court, or by
depositions, or render such other judgment as ought to be rendered upon such
terms as it may deem just. (2a)

Sec. 3. Resolution of motion. - In the Court of Appeals, a motion for new

trial shall be resolved within ninety (90) days from the date when the court
declares it submitted for resolution. (n)

Sec. 4. Procedure in new trial. - Unless the court otherwise directs, the
procedure in the new trial shall be the same as that granted by a Regional
Trial Court. (3a)

Lakas Atenista 132

Ateneo de Davao University College of Law
1997 Rules on Civil Procedure Rule 53
2001 Edition New Trial

Q: If the motion for new trial is granted, can the CA conduct the new trial itself acting as a trial
court?
A: YES, under section 4 and under the Judiciary Law particularly section 9, the CA can receive
evidence and act as a trial court. That is why it is a powerful court.

BP 129, Section 9, last paragraph:

“The Court of Appeals shall have the power to try cases and conduct
hearings, receive evidence and perform any and all acts necessary to resolve
factual issues raised in cases falling within its original and appellate
jurisdiction, including the power to grant and conduct new trials or further
proceedings.”

Lakas Atenista 133

Ateneo de Davao University College of Law