RULE 52 MOTION FOR RECONSIDERATION

NATURE judgment/final order amended or reconsidered, NO new trial. GROUNDS ( RULE 37 SECTION 1 PARAGRAPH 2 ) Damages a a!"e" a!e E#CESSI$E E%&"e'(e &s INSUFFICIENT )* +,s)&-. "e(&s&*' *! -&'a/ *!"e! De(&s&*' &s CONTRAR0 TO LA12 PERIOD FOR FILING 1&)3&' 4e!&*" -*! )a5&'g a44ea/ ( RULE 52 SECTION 1 ) - The a44ea/ s3a// 6e )a5e' &)3&' -&-)ee' (15) "a.s -!*m '*)&(e *- )3e +,"gme') *! -&'a/ *!"e! a44ea/e" -!*m. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty ( !" days from notice of the judgment or final order. - M*)&*' -*! e7)e's&*' *- )&me to file a motion for new trial or reconsideration may only #e filed if the case is #efore the $%. This motion is not a&aila#le in lower courts. CONTENTS ( RULE 37 SECTION 2) - The motion shall #e made in writing - $tating the ground or grounds therefor - ' written notice of the motion shall #e ser&ed #y the mo&ant on the '()*+$* ,'+T.eneral +ule on /otions (+ule 01 $ec "2 ' motion shall state the relief sought to #e o#tained and the grounds upon which it is #ased, and if required #y these +ules or necessary to pro&e facts alleged therein, shall #e accompanied #y supporting affida&its and other papers P!* F*!ma MFR (RULE 37 SECTION 2 PARAGRAPH 8) 3' motion for reconsideration #ased on the foregoing grounds is deemed pro forma if the same does not specify the findings or conclusions in the judgment which are not supported #y the e&idence or contrary to law, ma4ing e5press reference to the pertinent e&idence or legal pro&isions. 36f /7+ is merely a rehash of reasons and arguments pre&iously &entilated and thus already considered for the decision sought to #e reconsidered, the /7+ is pro forma. 3not accompanied #y proof of ser&ice and notice of hearing

Republic of the Philippines ational Capital !udicial Re"ion Re"ional #rial Court Branch $%, &anila Bayani Dela Cruz Complainant, -versusPedro A. Penduko Accused. )------------------------------------------) MOTION FOR RECONSIDERATION C*&+, *- the complainant by the undersi"ned attorney and .ithin the re"lementary period prescribed by the Rules of Court hereby files this motion for reconsideration from the /ud"ement of rendered by '''''''''''''''' ' of '''''''''''' , on the follo.in" "rounds0 1. #he follo.in" findin"s or conclusions in the decision are not supported by the evidence, to .it0 2Alle"e findin"s and conclusions not supported by evidence.3 4. #he follo.in" conclusions are contrary to la., to .it0 2Copy conclusions and cite la., .hich does not support the same.3 WHEREFORE, defendant prays that the decision be reconsidered and set aside, and a ne. one rendered in favor of herein defendant, to the end that the complaint be dismissed. Defendant further prays for such other reliefs as may be /ust and e5uitable in the premises. Place and date SIGNATURE OF COUNSEL COPY FURNISHED NOTICE OF HEARING PROOF OF SERVICE EXPLANATION ( if served b re!is"ered #$i% & Case o.'''' (or '''''''''''''''''''''''''

RULE 53 NE1 TRIAL

NATURE judgment/final order set aside, new trial granted. GROUNDS ( RULE 37 SECTION 1 PARAGRAPH 1 a 9 6) FAME (F!a,": A((&"e'): M&s)a5e: E7(,sa6/e Neg/&ge'(e) must #e that which ordinary prudence could not ha&e guarded against and #y reason of which such aggrie&ed party has pro#a#ly #een impaired in his rights NE1L0 DISCO$ERED E$IDENCE 3 D&s(*%e!e" AFTER )3e )!&a/ 3 %ould not ha&e #een disco&ered nor produced at the trial despite reasona#le

PERIOD FOR FILING 1&)3&' 4e!&*" -*! )a5&'g a44ea/ ( RULE 53 SECTION 1 ) - The a44ea/ s3a// 6e )a5e' &)3&' -&-)ee' (15) "a.s -!*m '*)&(e *- )3e +,"gme') *! -&'a/ *!"e! a44ea/e" -!*m. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty ( !" days from notice of the judgment or final order. - MNT &)3 CA A) a'.)&me a-)e! a44ea/ -!*m /* e! (*,!) 3as 6ee' 4e!-e()e" a'" 6e-*!e )3e CA /*ses +,!&s"&()&*' *%e! )3e (ase2 - M*)&*' -*! e7)e's&*' *- )&me to file a motion for new trial or reconsideration may only #e filed if the case is #efore the $%. This motion is not a&aila#le in lower courts. 2'" MNT - 0st /NT must include all grounds a&aila#le at the time it was filed. 'll those not included are W'6)*(. - 8nd /NT #ased on grounds not a&aila#le/not e5isting when 0st /NT made may #e filed within the remaining period after deducting the time during which the 0st /NT was pending. A--&"a%&) Re;,&!eme')s ( RULE 53 SECTION 1 ) - /NT must #e supported 6. a--&"a%&)s 4!*%&'g FAME *! Ne /.<"&s(*%e!e" E%&"e'(e . This ena#les the court to determine if claim of 7'/* is #orne out #y facts - I- FAME a--&"a%&) *- me!&), setting forth the particular facts claimed to constitute the mo&ant9s meritorious cause of action or defense. 6f none e5isted, it would #e useless to allow a new trial - I- Ne E%&"e'(e a--&"a%&)s *- )3e &)'esses #y whom such e&idence is e5pected to #e gi&en, or #y ",/. a,)3e')&(a)e" "*(,me')s which are proposed to #e introduced in e&idence P!* F*!ma MNT (RULE 37 SECTION 2 PARAGRAPH 8) - not accompanied #y either or #oth required affida&its - not accompanied #y proof of ser&ice and notice of hearing

Republic of the Philippines ational Capital !udicial Re"ion Re"ional #rial Court Branch $%, &anila Bayani B. Dela Cruz Plaintiff, -versusPedro A. Penduko Defendant. )------------------------------------------) MOTION FOR NEW TRIAL COMES NOW, the defendant throu"h the undersi"ned counsel and to this 6onorable Court, respectfully alle"es0 1. 4. 2Alle"e facts constitutin" fraud, accident mistake or e)cusable ne"li"ence3 Defendant has "ood and valid defenses to defeat plaintiff7s claim, 2,tate valid defenses.3 8n support of this motion, defendant attaches here.ith as part hereof, his affidavit supportin" the accident or mistake and his "ood and valid defenses to defeat plaintiff7s claim, as Anne) 94: WHEREFORE, defendant prays that the decision be reconsidered, that he be "ranted a ne. trial, that the case be set for pre-trial and trial on the merits, and thereafter a ne. /ud"ment be rendered holdin" defendant free and harmless from any liability and dismissin" the complaint. Place and date SIGNATURE OF COUNSEL Case o.'''' (or '''''''''''''''''''''''''

%.

COPY FURNISHED NOTICE OF HEARING PROOF OF SERVICE EXPLANATION ( if served b re!is"ered #$i% &

Republic of the Philippines ational Capital !udicial Re"ion Re"ional #rial Court Branch $%, &anila Bayani Dela Cruz Plaintiff, -versusPedro A. Penduko Defendant, )------------------------------------------) MOTION FOR NEW TRIAL COMES NOW, the defendant throu"h the undersi"ned counsel, and to this 6onorable Court, respectfully alle"es0 1. !ud"ment a"ainst defendant .as served on defendant on '''''''. 4. ,ince said date or receipt if the /ud"ment and before the period to appeal therefrom has lapsed, defendant discovered and presented durin" trial. %. #he ne.ly discovered evidence consist of the follo.in"0 2;ist and describe the ne.ly discovered evidence.3 $. #he affidavit of '''2name of .itness3'', by .hom such ne.ly discovered evidence is e)pected to be "iven, is attached hereto as Anne) 91:. Duly authenticated documents, .hich are proposed to be introduced in evidence, are attached hereto as Anne)es 94: and 9%:. <. #he above ne.ly discovered evidence .ould probably alter the results of the case. -6+R+(*R+, defendant prays that the decision be reconsidered, the case reopened for trial, defendant be allo.ed to present his ne.ly discovered evidence thereat, and thereafter /ud"ment be rendered in favor of defendant. Place and date SIGNATURE OF COUNSEL COPY FURNISHED NOTICE OF HEARING PROOF OF SERVICE EXPLANATION ( if served b re!is"ered #$i% & Case o.'''' (or '''''''''''''''''''''''''