RULE 121

MOTION FOR NEW TRIAL

OR RECONSIDERATION
New trial is a remedy that seeks to temper the severity of
a judgment or prevent the failure of justice; The grant or
denial of a new trial is, generally speaking, addressed to
the sound discretion of the court which cannot be
interfered with unless a clear abuse thereof is shown.
(Ybiernes V. Tanco-Gabaldon, G.R. No. 178925, June 1,
2011)

New trial or reconsideration may be granted at any time

before the judgment of conviction becomes final:

 On motion of the accused; or

 At the instance of the court but with the consent of the
accused. (Rule 121, Sec. 1)
GROUNDS: NEW TRIAL
Grounds for New Trial (Rule 121, Sec. 2)

1. Errors of law or irregularities prejudicial to

the substantial rights of the accused have been
committed during the trial; and

2. 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.
Requisites before a new trial may be granted on ground of
newly-discovered evidence:

a. evidence is discovered after trial;

b. could not have been discovered and produced at the trial
even with the exercise of reasonable diligence;
c. is material, not merely cumulative, corroborative, or
impeaching; and
d. is of such weight that it would probably change the
judgment if admitted. (Tadeja V. People, G.R. No. 145336,
February 20, 2013)

Note: The most important requisite is that the evidence could

not have been discovered and produced at the trial even with
reasonable diligence; hence, the term “newly discovered.”
 GROUNDS:
RECONSIDERATION
Grounds for Reconsideration (Rule 121, Sec. 3)

a. Errors of law in the judgment, which require no further

proceedings

b. Errors of fact in the judgment, which require no further

proceedings

Form of the motion; notice

The motion for new trial or reconsideration shall be in writing and

shall state the grounds on which it is based. If based on newly-
discovered evidence, the motion must be supported by affidavits
of witnesses by whom such evidence is expected to be given or by
duly authenticated copies of documents which are proposed to be
introduced in evidence. (Sec. 4, Rule 121, Rules of Court)
Notice of the motion

Notice of the motion for new trial or

reconsideration shall be given to the
prosecutor.

Hearing is required when the motion for new

trial calls for a resolution of a question of fact.
The court may hear evidence on the motion
by affidavits or otherwise.
Effects of granting a new trial or reconsideration (Sec. 6, Rule
121)

If granted on the ground of errors of law or irregularities committed during the

trial

 All the proceedings and evidence not affected by the commission of such
errors and irregularities shall stand, but those affected thereby shall be set aside
and taken anew. The court may in the interest of justice, allow the introduction of
additional evidence.

If granted on the ground of newly discovered evidence

 The evidence already taken shall stand, and the newly discovered and such
other evidence as the court may, in the interest of justice, allow to be introduced,
shall be taken and considered together with the evidence already in the record.

Note: In all cases, when the court grants a new trial or reconsideration, the
original judgment shall be set aside and a new judgment rendered accordingly.
In Neypes V. Court of Appeals, the Court allowed a fresh
period of 15 days within which to file a notice of appeal in the
Regional Trial Court to be counted from receipt of the order
dismissing a motion for new trial or motion for
reconsideration. (Fresh Period Rule)

Neypes ruling applicable to appeals in criminal cases. (Yu

V. Samson-Tatad, G.R. No. 171979, February 9, 2011;
Rodriguez V. People, G.R. No. 192799, October 24, 2012)

While Neypes involved the period to appeal in “civil cases”,

the Court’s pronouncement of a “fresh period” to appeal
should equally apply to the period for appeal in criminal cases
under Section 6 of Rule 122 of the Revised Rules of Criminal
Procedure, for several reasons, one of which is the evident
intention of the “fresh period rule” was to set a uniform appeal
period provided in the Rules.