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Post Judgment

Remedies

Criminal
Procedure
Post Judgment
Remedies
Motion for reconsideration
Motion for new trial
Appeal
NEW TRIAL OR
RECONSIDERATION

At any time before a judgment of conviction


becomes final, the court may, on motion of
the accused or at its own instance but with
the consent of the accused, grant a new trial
or reconsideration. (Rule 121, Section 1)
I. motion for new trial

grounds:
Error of law or irregularities have been made
during trial which are prejudicial to the
substantial rights of the accused
New and material evidence has been found
which could not have been found before and
which could change the judgment
II. motion for reconsideration

Filed when there are errors of law or fact


in the judgment
Shall require no further proceedings
Procedure for New Trial/
reconsideration

Comply with the form


Notice should be given to the fiscal

Hearing shall be set and held


If motion for new trial is
GRANTED:
the original judgment shall be set aside or vacated and a new
judgment rendered accordingly.
If on the ground of errors of law or irregularities committed during
the trial
all the proceedings and evidence affected thereby shall be set aside
and taken anew. The court may, in the interest of justice, allow the
introduction of additional evidence.
If on the ground of newly-discovered evidence
the evidence already adduced 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.
III. APPEAL

Filed within 15 days of promulgation of


judgment
Any party may appeal a judgment or final
order
Period is interrupted by filing of a motion for
new trial or reconsideration
Procedure
a. Filed with RTC, if original case was with MTC
Notice served to lower court and to adverse party

b. Filed with the CA or SC, if original case was with


RTC
With CA: notice of appeal with court, and with copy on adverse
party
If CA is of opinion that penalty should be reclusion perpetua or higher,
it shall render judgment imposing said penalty, but refrain from
entering judgment and then certify the case and the entire record
thereof to the SC for review (R124, S13)
Procedure
CA may reverse, affirm, or modify judgment of RTC, or remand case
for new trial or re-trial, or dismiss the case
If RTC decided case in appellate jurisdiction: Petition for Review

With SC: notice of appeal where penalty imposed is life


imprisonment, or lesser penalty involving offenses committed
on the same occasion, or arising out of same occurrence
where graver penalty of death is available but life
imprisonment is imposed; all other cases, by petition for
review on certiorari
If death penalty, automatic review