Post Judgment Remedies

Remedies BEFORE a Judgment Becomes

Final and Executory

Motion for Reconsideration Motion for New Trial Appeal

Rule 37 Rule 37 Rule 40 - 45
- Directed against
judgement or final
order as compared to
that MR of an
interlucotory order
which normally
precedes a petition for
certiorari under Rule
65.
- Prohibited under
Summary Procedure,
Unlawful detainer and
forcible entry.
- Prohibited in small
claims.

Motion for Reconsideration

What is a Motion for reconsideration?

- A motion for reconsideration is a remedy by the aggrieved party directed against the judgment
or a final order. This is under Rule 37 and is different from the MR which normally precedes petition for
certiorari under Rule 65 ( check pp 504 Riano).
- If this remedy is granted by the court it may amend such judgement or final order. Note that
this amended judgement becomes a new judgment which supersedes the original judgment and not
merely a supplemental decision.

What are the Grounds for an MR under Rule 37? What are the things to allege?

First of all an MR must be in writing and not merely an oral motion. It is important that a
written notice must be served on the adverse party.

The grounds for MR are the following;

1. That the damage awarded are excessive;
2. The evidence is insufficient to justify the decision; or
3. The decision or final order is contrary to Law.

What is the effect when the adverse party was not given notice of such MR? Ans: The motion will be
considered a Pro forma motion and shall not interrupt the period to file an appeal.

Important: It is necessary for the MR to specifically point out 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 testimonial or documentary evidence or the provisions of law
alleged to be contrary to such findings or conclusions.
Non-compliance of this requirement makes such motion a Pro forma motion and shall not interrupt the
reglementary period of an appeal.

Instances which considers a motion Pro forma:

a. It was a second Motion for Reconsideration;
 b. It did not comply with the rule that a motion must specify the findings and conclusions
alleged to be contrary to law or not supported by evidence;
c. It failed to substantiate the alleged errors;
d. It merely alleged that the decision in question was contrary to law, or
e. The adverse party was not given notice thereof.

When to file?
- Must be taken within the period period for taking an appeal.
- This depends whether such appal is through “notice of appeal” (ordinary appeal), or “record on
appeal” (usually on special proceedings and in cases which allow multiple or separate appeals”.
- MR by notice of appeal is within 15 days from notice of judgment or final order.
- MR by record on appeal is within 30 days from notice of judgment or final order.