TRIAL, RECONSIDERATION, AND MOTION TO REOPEN TRIAL
Category: Criminal Procedure
DISTINCTIONS BETWEEN NEW TRIAL, RECONSIDERATION, AND MOTION TO REOPEN TRIAL
NEW TRIAL
Proper only after rendition or promulgation of judgment but has not been final
Fraud, accident, mistake and excusable negligence; newly-discovered evidence are the only grounds
There has to be a motion that has to be filed
RECONSIDERATION
No longer any new trial or hearing that will take place and the judgment will be based on the pleadings
submitted by the parties
MOTION TO REOPEN TRIAL
May properly be presented only after either both parties have formally offered and closed their evidence, but before judgment. It is still possible to have trials or hearings. There has been no judgment rendered yet.
Section 24, Rule 119
Miscarriage of justice
The judge may act motu propio
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
TRIAL, RECONSIDERATION, AND MOTION TO REOPEN TRIAL
Category: Criminal Procedure
DISTINCTIONS BETWEEN NEW TRIAL, RECONSIDERATION, AND MOTION TO REOPEN TRIAL
NEW TRIAL
Proper only after rendition or promulgation of judgment but has not been final
Fraud, accident, mistake and excusable negligence; newly-discovered evidence are the only grounds
There has to be a motion that has to be filed
RECONSIDERATION
No longer any new trial or hearing that will take place and the judgment will be based on the pleadings
submitted by the parties
MOTION TO REOPEN TRIAL
May properly be presented only after either both parties have formally offered and closed their evidence, but before judgment. It is still possible to have trials or hearings. There has been no judgment rendered yet.
Section 24, Rule 119
Miscarriage of justice
The judge may act motu propio
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
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