Civil Procedure: New Trial and Reconsideration

Civil Procedure: New Trial and Reconsideration (Rule 37)

1. When to avail?
   1. Within the period for appeal, reckoned from the notice of the judgment or final order, the said final order is not yet executory except those judgments which, under the rules, are immediately executory. Thus, the above remedies against judgment would necessarily refer to those before a judgment becomes final and executory.
   2.  Grounds
   3. Sec 1. Grounds of and period for filing motion for new trial or reconsideration. – Within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party;
   4. Grounds for New Trial
      1.   Fraud, accident, mistake or excusable negligence with ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights; or
      2. Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result.
   5. Grounds for Reconsideration
      1. that the damages awarded are excessive;
      2. that the evidence is insufficient to justify the decision or final order; or
      3. that the decision or final order is contrary to law.
   6. Contents of Motion
      1. For New Trial
         1. Prohibited Motion for Reconsideration
            1. on Judgment
               1. Summary Procedure
               2. Small Claims
            2. Exception
               1. Environmental Cases
      2. For Reconsideration
         1. Sec 2. Contents of motion for new trial or reconsideration and notice thereof. — The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant on the adverse party.xxx
            1. xxx Shall be supported by affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated documents which are proposed to be introduced in evidence.
               1. A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or final order which is not supported by evidence or which are contrary to law making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions.
         2. Object of the Motion
            1. the motion for reconsideration referred to under Rule 37 is one that is directed against the judgment or a final order. it is not the motion for reconsideration of an interlocutory order which normally precedes a petition for certiorari under rule 65.
         3. Prohibited Motion for Reconsideration
            1. on Judgment
               1. Summary Procedure
               2. Small Claims
            2. on Interlocutory order
               1. Writ of Amparo
               2. Habeas Data
               3. Environmental Cases
   7. 1. When to file
         1. A motion for reconsideration of a judgment or final order is filed within the period for taking an appeal. no motion for extension of time to file a motion for reconsideration shall be allowed.
         2. The period for appeal depends on whether the appeal is by mere notice of appeal or by record on appeal.
            1. by Notice of Appeal – the period for appeal referred to in the immediately preceding number is within 15 days after the notice to the appellant of the judgment or final order appealed from.
            2. by Record on Appeal – the period is within 30 days from the notice of the judgment or final order
2. Pro forma motion – Pro forma motion is one which does not satisfy the requirements of the rules and will be treated as a motion intended to delay the proceedings. (Riano). A pro forma motion literally a motion in form only, is one which is filed merely for delay and as a matter of form to interrupt the period of appeal.
   1. Grounds for declaring the Motion a Pro forma
      1. It was a second motion for reconsideration;
      2. it did not comply with the rules that the motion must specify the findings and conclusions alleged to be contrary to law or not supported by the evidence;
      3. It failed to substantiate the alleged errors;
      4. It merely alleged that the decision is question was contrary to law;
      5. The adverse party was not given notice thereof.
   2. Effects
      1. A pro forma motion shall not toll the reglementary period of appeal.
3. Second Motion
   1. Motion for New Trial
      1. A second motion for New Trial is authorized by the rules provided that it shall include all grounds then available, and those not included are deemed waived.
         1. However, when, a ground for new trial was not existing or available when the first motion was made, a second motion for new trial may be filed within the period allowed but excluding the time during which the first motion had been pending. (Riano)
      2. A second motion for new trial, based on a ground not existing, nor available when the first motion was made, may filed within the time herein provided excluding the time during which the first motion had been pending. (Tan)
   2. Motion for Reconsideration
      1. Second motion for Reconsideration is not allowed
         1. Exception – the court shall not entertain a second motion for reconsideration and any exception to this rule can only be granted:
            1. in the higher interest of justice by the Court en banc;
               1. Reconsideration in the higher interest of justice when the assailed decision is:
                  1. legally erroneous;
                  2. patently unjust;
                  3. potentially capable of causing unwarranted and irremediable injury or damage to the parties.
            2. upon a vote of at least two-thirds of its actual membership; 
4. Remedy when motion is denied
   1. In all instances where the judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 65.(defunct due to the amendment to Rule 41 AM No. 07-7-12-SC)
   2. The remedy available, therefore, would be that prescribed under Sec 9 of Rule 37., to appeal from the judgment or final order.