TULAWE RICO O. BSCRIM-3C1 GOOD DAY, ATTY! Thank you for this lecture series. This is the summary of what I’ve learned during viewing of this particular series. RULE 121 -NEW TRIAL AND RECONSIDERSTION NEW TRIAL OR RECONSIDERATION - these are the remedies of the acused after judgment - new trial is rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before finality of the judgment the accused can file a motion for new trial. A new trial will rehearse the case already decided whereby the errors of law irregularities are expunged from the record or new evidence is introduced or both steps are taken. On the otherhand, a motion for reconsideration is filed in order to some errors of law or fact in the judgment. It does not require any further proceeding. GROUNDS FOR NEW TRIAL: 1. there are errors or irregularities prejudicial to the substantial rights of the accused have been committed during trial and 2. There is new and material evidence has been discovered. A motion For reconsideration on the other hand, is an (1)error of law or (2)an error of facts. • in a motion for new trial the new and material evidence has been discovered with reasonable diligence and the produced that it could not have been produced at the trial and which if introduced and admitted would probably changed the judgment. • other grounds for new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistake which is so gross amounting to deprivation of the substantial rights of the accused and due process. • Recandation of a witness where there is no evidence sustaining the jugdment of conviction other than the testimony of such witness. • If the motion for new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is expected to be given or duly authenticated copies of documents which it is proposed to introduce in evidence. RECANTATION - the public and formal withdrawal by a witness of his prior statement. - the witness is retracting, recounting or withdrawing his previous statement with a new one. RECANTATION V. DESISTANCE - in recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in affidavit of desistance it is more on intention of the complainant in prosecuting the case. (For example if the institution of the criminal complaint is due to mere misunderstanding and that the complainant is no longer interested in instituting the case then you file or you draft an affidavit of desistance. As a general rule, a recantation is not a ground for granting a new trial and are hardly given weight however there is an exception, when there is no evidence sustaining the judgment of conviction other than the testimony of recanting witness then recantation can be a ground for a new trial. Affidavit of desistance is not a ground for dismissal of the action. It is merely an additional ground to buttress or strengthen the defense and not a sole consideration for acquittal just because a witness or the private complainant had already executed an affidavit of desistence that’s not mean that the accused will be acquitted or that the can be dismissed because the court can base its judgment on other evidence available such as documentary evidence and object evidence. EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION • In all cases, when the court grants a new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly. In addition, when new trial is granted on the ground of: 1. Errors of law or irregularities committed during the trial a. All proceedings and evidence not affected by such errors and irreguralities shall stand b. Those affected shall be set aside and taken a new c. In the interest of justice, the court may allow the introduction of additional evidence. 2. Newly discovered evidence a. The evidence already taken shall stand b. Newly discovered and other evidence as the court may, in the interest of justice, allows to be introduced, shall be taken and considered together with the evidence already in the record. NEW TRIAL V. REOPENING OF THE CASE • A motion for new trial is filed after judgment is rendered but before the finality thereof. On the otherhand, motion to re-opening of the case is made by the court before the judgment is rendered in the exercuse of sound discretion. • A motion for new trial is made by the court on motion of the accused or at its own instance but with the consent of the accused. • While a motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence. APPLICATION OF NEYPES DOCTRINE IN CRIMINAL CASES • There is a case decided by the Supreme Court on September 14, 2005, the neypes v. Court of appeals case more popularly known as the neypes doctrine in criminal cases. • if the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of denial of the motion for reconsideration or new trial.
New preliminary - practicing of a case previously chose however before the judgment of conviction in that delivered hs gotten last. GROUNDS: 1. Blunders of law inconsistencies biased to the significant privileges of the blamed have been submitted during the preliminary. 2. New and material proof has been found with sensible tirelessness, have found and delivered at the preliminary and in the event that it which presented and conceded would most likely change the judgment. 3. Carelessness or ineptitude of guidance or slip-up which is so gross adding up to hardship of the generous privileges of the charged and fair treatment. 4. On the off chance that the movement for new preliminary depends on newfound proof, it should be upheld by the testimonies of the observer by whom such proof is expected to be given or appropriately verified duplicates of record which it is proposed to present in proof. Reevaluation - might be a document to address blunders of law or reality in the judgment it doesn't need any further procedure. GROUNDS: 1. Blunders OF LAW; OR 2. Blunders OF Reality. Recantation - is people in general and formal withdrawal by an observer of his earlier assertion. Recantation v. Desistance - recantation is the observer was recently affirmed currently pulling out his assertions since they are false while in the testimony of resistance it is more on an expectation of the complainant in arraigning the case. When in doubt, a recantation isn't a ground for giving another preliminary and is not really given weight anyway there is an exemption, when there is no proof supporting the judgment of conviction other than the declaration of abjuring observer then recantation can be a ground for another preliminary. A sworn statement of resistance isn't a ground for excusal of the activity. Impacts of allowing another preliminary or reexamination: In all cases, when the court awards another preliminary or reexamination. What's more, when new preliminary is allowed on the ground of: Mistakes of law or inconsistencies submitted during the preliminary. Newfound proof. New preliminary v. Returning of the case Movement for new preliminary is recorded get-togethers is delivered however before the irrevocability thereof. The movement to re-opening of the case is made by the court before the judgment is delivered in the exercuse of sound carefulness. movement for new preliminary is made by the court on movement of the charged or at its own example however with the assent od the blamed. Movement to re-open the case doesn't need the assent of the blamed and it could be at the case of either gathering who can from that point present extra proof
MANTO, KYLA M. Thank you Sir. The summary of what I've learned: Rule 121 New trial and Reconsiderstion New Trial or Reconsideration These are the remedies of the acused after judgment. New trial is rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before finality of the judgment the accused can file a motion for new trial. While, a motion for reconsideration is filed in order to some errors of law or fact in the judgment. It does not require any further proceeding. Grounds for new trial: there are errors or irregularities prejudicial to the substantial rights of the accused have been committed during trial and there is new and material evidence has been discovered. A motion. for reconsideration on the otherhand, is an error of law or an error of facts. Other grounds for new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistake which is so gross amounting to deprivation of the substantial rights of the accused and due process. Recandation of a witness where there is no evidence sustaining the jugdment of conviction other than the testimony of such witness. If the motion for new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is experted to be given or duly authenticated copies of documents which it is proposed to introduce in evidence. Recantation- The public and formal withdrawal by a witness of his prior statement. Recantation v. Desistance - In recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in affidavit of desistance it is more on intention of the complainant in prosecuting the case. Effects of Granting a new trial or reconsideration: In all cases, when the court grants a new trial or reconsideration. In addition, when new trial is granted on the ground of: - Errors of law or irregularities committed during the trial - Newly discovered evidence New trial v. Reopening of the case •Motion for new trial is filed after judgment is rendered but before the finality thereof. •Motion to re-opening of the case is made by the court before the judgment is rendered in the exercuse of sound discretion. •Motion for new trial is made by the court on motion of the accused or at its own instance but with the consent od the accused. •Motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence. Application of Neypes Doctrine in criminal cases If the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of denial of the motion for reconsideration or new trial.
LANDICHO, NEIL M. 3C2 THANK YOU SIR FOR THIS VIDEO LECTURE. Rule 121 New Trial or Reconsideration These are the remedies of the accused after judgment. A new trial is a rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before the finality of the judgment the accused can file a motion for a new trial. 2 Grounds for a new trial: There are errors or irregularities prejudicial to the substantial rights of the accused have been committed during the trial and there is New and material evidence has been discovered. A motion for reconsideration, on the other hand, is an error of law or an error of facts. Other grounds for a new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistake which is so gross amounting to a deprivation of the substantial rights of the accused and due process. Recandation of a witness where there is no evidence sustaining the judgment of conviction other than the testimony of such witness. If the motion for a new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is expected to be given or duly authenticated copies of documents which it is proposed to introduce in evidence. Recantation- The public and formal withdrawal by a witness of his prior statement. Recantation v. Desistance In recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in the affidavit of desistance it is more on the intention of the complainant in prosecuting the case. Effects of Granting a new trial or reconsideration: In all cases, when the court grants a new trial or reconsideration. In addition, when a new trial is granted on the ground of: Errors of law or irregularities committed during the trial
New trial v. Reopening of the case Motion for new trial is filed after judgment is rendered but before the finality thereof. Motion to re-opening of the case is made by the court before the judgment is rendered in the excuse of sound discretion. Motion for new trial is made by the court on motion of the accused or at its own instance but with the consent of the accused. Motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence. Application of Neypes Doctrine in criminal cases If the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of the denial of the motion for reconsideration or a new trial.
Fajanilan, Kristel Anne C. 3C1 Good day Sir. Thank you for the lecture. This is the summary of what I've learned: Rule 121 New trial and Reconsiderstion New Trial or Reconsideration - these are the remedies of the acused after judgment - New trial is rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before finality of the judgment the accused can file a motion for new trial. A new trial will rehearse the case already decided whereby the errors of law irregularities are expunged from the record or new evidence is introduced or both steps are taken. On the otherhand, a motion for reconsideration is filed in order to some errors of law or fact in the judgment. It does not require any further proceeding. - Grounds for new trial: there are errors or irregularities prejudicial to the substantial rights of the accused have been committed during trial and there is new and material evidence has been discovered. A motion. for reconsideration on the otherhand, is an error of law or an error of facts. - In a motion for new trial the new and material evidence has been discovered with reasonable diligence and the produced that it could not have been produced at the trial and which if introduced and admitted would probably changed the judgment. - Other grounds for new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistakr which is so gross amounting to deprivation of the substantial rights of the accused and due process. Recandation of a witness where there is no evidence sustaining the jugdment of conviction other than the testimony of such witness. - If the motion for new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is experted to be given or duly authenticated copies of documents which it is proposed to introduce in evidence. •Recantation - The public and formal withdrawal by a witness of his prior statement. - the witness is retracting, recounting or withdrawing his previous statement with a new one. •Recantation v. Desistance - In recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in affidavit of desistance it is more on intention of the complainant in prosecuting the case. (For example if the institution of the criminal complaint is due to mere misunderstanding and that the complainant is no longer interested in instituting the case then you file or you draft an affidavit of desistance. - As a general rule, a recantation is not a ground for granting a new trial and are hardly given weight however there is an exception, when there is no evidence sustaining the judgment of conviction other than the testimony of recanting witness then recantation can be a ground for a new trial. Affidavit of desistance is not a ground for dismissal of the action. It is merely an additional ground to buttress or strengthen the defense and not a sole consideration for acquittal just because a witness or the private complainant had already executed an affidavit of desistence thats not mean that the accused will be acquitted or that the can can be dismissed because tge court can base its judgment on other evidence available such as documentary evidence and object evidence. • Effects of Granting a new trial or reconsideration - In all cases, when the court grants a new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly. - In addition, when new trial is granted on the ground of: 1. Errors of law or irregularities committed during the trial a. All proceedings and evidence not affected by such errors and irreguralities shall stand b. Those affected shall be set aside and taken a new c. In the interest of justice, the court may allow the introduction of additional evidence. 2. Newly discovered evidence a. The evidence already taken shall stand b. Newly discovered and other evidence as the court may, in the interest of justice, allows to be introduced, shall be taken and considered together with the evidence already in the record. • New trial v. Reopening of the case - A motion for new trialis filed after judgment is rendered but before the finality thereof. On the otherhand, motion to re-opening of the case is made by the court before the judgment is rendered in the exercuse of sound discretion. - A motion for new trial is made by the court on motion of the accused or at its own instance but with the consent od the accused. While a motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence. • Application of Neypes Doctrine in criminal cases - There is a case decided by the Supreme Court on September 14, 2005, the Neypes v. Court of Appeals case more popularly known as the Neypes Doctrine in criminal cases. - If the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of denial of the motion for reconsideration or new trial.
Ask lang po kung pwede😇kasama po ba sa bilang ng 15 days ng MR ang sprcial holidays?april 30 po ng hapon kasi nag submit kami ng MR which is pang 14 days,kinabukasan is may 1(labor day)sablay po ba or not counted pag holiday?salamat po!!😇
CORONADO, JANE HYACENTH A. 3C4 thank you Sir . this is the summary of the lesson i have learned RULE 121 NEW TRIAL OR RECONSIDERATION new trial is rehearsal of a case already decided but before the judgement of conviction therein rendered has become final while the reconsideration may be filed in orde to correct errors of law or fact in the judgement it does not require any further proceeding - the new trial or reconsideration rule 121 the grounds in new trial error of law irregularities prejudicial to the substantial rights of the accused have been committed during trial while reconsideration grounds is error of law or error of facts recantations the public and formal withdrawal by a witness of his prior statement the witnesses is retracting, recounting or withdrawing his previous statement -recantation is a witness who previously gave a testimony subsequently declares that his statements are untrue publicly, in general rule it is not a ground for granting a new trial and are hardly given weight and the exception there is no evidence sustaining the judgement of conviction other than the recanting witness testimony while affidavit of desistance is the complainant states that he did not really intend to institute the case and he is no longer interested in testifying. - the effects of granting a new trial in all cases when the court grants a new trial or reconsideration, the original judgement shall be set aside - new trial is filed after judgement is rendered but before the finality while re-opening of the case made by the court before the judgement is rendered in the exercise of sound discretion
DEL MUNDO, SHAINA D. 3C4 This is the summary of what I've learned; RULE 121 New Trial or Reconsideration New trial or reconsideration. - Before a judgment of conviction becomes final, the court may give a new trial or reconsideration on the motion of the accused or at its own initiative but with the cooperation of the accused. The foundations for a new trial have been laid. - On any of the following grounds, the court will grant a fresh trial. During the trial, there were mistakes of law or irregularities that jeopardized the accused's substantial rights; New and material evidence has been uncovered that the accused could not have discovered and produced at trial with due diligence, and which, if submitted and admitted, would almost certainly modify the verdict. The court may grant reconsideration on the basis of mistakes of law or fact in the judgment, which does not necessitate further actions. Notice to the prosecutor in the form of a motion. - The motion for a new trial or reconsideration must be made in writing and must include the grounds for the request. If the motion is based on newly discovered evidence, it must be accompanied by affidavits from witnesses who are expected to offer such testimony or duly authenticated copies of documents that are to be submitted in evidence. Hearing on motion. - If a motion for a new trial requires the determination of any factual issue, the court may hear evidence on that issue by affidavits or other means.
TULAWE RICO O. BSCRIM-3C1
GOOD DAY, ATTY!
Thank you for this lecture series. This is the summary of what I’ve learned during viewing of this particular series.
RULE 121 -NEW TRIAL AND RECONSIDERSTION
NEW TRIAL OR RECONSIDERATION - these are the remedies of the acused after judgment - new trial is rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before finality of the judgment the accused can file a motion for new trial.
A new trial will rehearse the case already decided whereby the errors of law irregularities are expunged from the record or new evidence is introduced or both steps are taken.
On the otherhand, a motion for reconsideration is filed in order to some errors of law or fact in the judgment. It does not require any further proceeding.
GROUNDS FOR NEW TRIAL:
1. there are errors or irregularities prejudicial to the substantial rights of the accused have been committed during trial and
2. There is new and material evidence has been discovered.
A motion For reconsideration on the other hand, is an (1)error of law or (2)an error of facts.
• in a motion for new trial the new and material evidence has been discovered with reasonable diligence and the produced that it could not have been produced at the trial and which if introduced and admitted would probably changed the judgment.
• other grounds for new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistake which is so gross amounting to deprivation of the substantial rights of the accused and due process.
• Recandation of a witness where there is no evidence sustaining the jugdment of conviction other than the testimony of such witness.
• If the motion for new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is expected to be given or duly authenticated copies of documents which it is proposed to introduce in evidence.
RECANTATION - the public and formal withdrawal by a witness of his prior statement. - the witness is retracting, recounting or withdrawing his previous statement with a new one.
RECANTATION V. DESISTANCE - in recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in affidavit of desistance it is more on intention of the complainant in prosecuting the case. (For example if the institution of the criminal complaint is due to mere misunderstanding and that the complainant is no longer interested in instituting the case then you file or you draft an affidavit of desistance.
As a general rule, a recantation is not a ground for granting a new trial and are hardly given weight however there is an exception, when there is no evidence sustaining the judgment of conviction other than the testimony of recanting witness then recantation can be a ground for a new trial. Affidavit of desistance is not a ground for dismissal of the action.
It is merely an additional ground to buttress or strengthen the defense and not a sole consideration for acquittal just because a witness or the private complainant had already executed an affidavit of desistence that’s not mean that the accused will be acquitted or that the can be dismissed because the court can base its judgment on other evidence available such as documentary evidence and object evidence.
EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION
• In all cases, when the court grants a new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly.
In addition, when new trial is granted on the ground of:
1. Errors of law or irregularities committed during the trial
a. All proceedings and evidence not affected by such errors and irreguralities shall stand
b. Those affected shall be set aside and taken a new
c. In the interest of justice, the court may allow the introduction of additional evidence.
2. Newly discovered evidence
a. The evidence already taken shall stand
b. Newly discovered and other evidence as the court may, in the interest of justice, allows to be introduced, shall be taken and considered together with the evidence already in the record.
NEW TRIAL V. REOPENING OF THE CASE
• A motion for new trial is filed after judgment is rendered but before the finality thereof. On the otherhand, motion to re-opening of the case is made by the court before the judgment is rendered in the exercuse of sound discretion.
• A motion for new trial is made by the court on motion of the accused or at its own instance but with the consent of the accused.
• While a motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence.
APPLICATION OF NEYPES DOCTRINE IN CRIMINAL CASES
• There is a case decided by the Supreme Court on September 14, 2005, the neypes v. Court of appeals case more popularly known as the neypes doctrine in criminal cases.
• if the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of denial of the motion for reconsideration or new trial.
Thank you atty. this is the summary of what I've learned:
New preliminary - practicing of a case previously chose however before the judgment of conviction in that delivered hs gotten last.
GROUNDS:
1. Blunders of law inconsistencies biased to the significant privileges of the blamed have been submitted during the preliminary.
2. New and material proof has been found with sensible tirelessness, have found and delivered at the preliminary and in the event that it which presented and conceded would most likely change the judgment.
3. Carelessness or ineptitude of guidance or slip-up which is so gross adding up to hardship of the generous privileges of the charged and fair treatment.
4. On the off chance that the movement for new preliminary depends on newfound proof, it should be upheld by the testimonies of the observer by whom such proof is expected to be given or appropriately verified duplicates of record which it is proposed to present in proof.
Reevaluation - might be a document to address blunders of law or reality in the judgment it doesn't need any further procedure.
GROUNDS:
1. Blunders OF LAW; OR
2. Blunders OF Reality.
Recantation - is people in general and formal withdrawal by an observer of his earlier assertion.
Recantation v. Desistance - recantation is the observer was recently affirmed currently pulling out his assertions since they are false while in the testimony of resistance it is more on an expectation of the complainant in arraigning the case.
When in doubt, a recantation isn't a ground for giving another preliminary and is not really given weight anyway there is an exemption, when there is no proof supporting the judgment of conviction other than the declaration of abjuring observer then recantation can be a ground for another preliminary. A sworn statement of resistance isn't a ground for excusal of the activity.
Impacts of allowing another preliminary or reexamination:
In all cases, when the court awards another preliminary or reexamination. What's more, when new preliminary is allowed on the ground of:
Mistakes of law or inconsistencies submitted during the preliminary.
Newfound proof.
New preliminary v. Returning of the case
Movement for new preliminary is recorded get-togethers is delivered however before the irrevocability thereof.
The movement to re-opening of the case is made by the court before the judgment is delivered in the exercuse of sound carefulness.
movement for new preliminary is made by the court on movement of the charged or at its own example however with the assent od the blamed.
Movement to re-open the case doesn't need the assent of the blamed and it could be at the case of either gathering who can from that point present extra proof
MANTO, KYLA M.
Thank you Sir.
The summary of what I've learned:
Rule 121 New trial and Reconsiderstion
New Trial or Reconsideration
These are the remedies of the acused after judgment. New trial is rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before finality of the judgment the accused can file a motion for new trial. While, a motion for reconsideration is filed in order to some errors of law or fact in the judgment. It does not require any further proceeding.
Grounds for new trial: there are errors or irregularities prejudicial to the substantial rights of the accused have been committed during trial and there is new and material evidence has been discovered. A motion. for reconsideration on the otherhand, is an error of law or an error of facts. Other grounds for new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistake which is so gross amounting to deprivation of the substantial rights of the accused and due process. Recandation of a witness where there is no evidence sustaining the jugdment of conviction other than the testimony of such witness. If the motion for new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is experted to be given or duly authenticated copies of documents which it is proposed to introduce in evidence.
Recantation- The public and formal withdrawal by a witness of his prior statement.
Recantation v. Desistance
- In recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in affidavit of desistance it is more on intention of the complainant in prosecuting the case.
Effects of Granting a new trial or reconsideration:
In all cases, when the court grants a new trial or reconsideration. In addition, when new trial is granted on the ground of:
- Errors of law or irregularities committed during the trial
- Newly discovered evidence
New trial v. Reopening of the case
•Motion for new trial is filed after judgment is rendered but before the finality thereof.
•Motion to re-opening of the case is made by the court before the judgment is rendered in the exercuse of sound discretion.
•Motion for new trial is made by the court on motion of the accused or at its own instance but with the consent od the accused.
•Motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence.
Application of Neypes Doctrine in criminal cases
If the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of denial of the motion for reconsideration or new trial.
LANDICHO, NEIL M.
3C2
THANK YOU SIR FOR THIS VIDEO LECTURE.
Rule 121 New Trial or Reconsideration
These are the remedies of the accused after judgment. A new trial is a rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before the finality of the judgment the accused can file a motion for a new trial.
2 Grounds for a new trial:
There are errors or irregularities prejudicial to the substantial rights of the accused have been committed during the trial and there is
New and material evidence has been discovered.
A motion for reconsideration, on the other hand, is an error of law or an error of facts.
Other grounds for a new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistake which is so gross amounting to a deprivation of the substantial rights of the accused and due process.
Recandation of a witness where there is no evidence sustaining the judgment of conviction other than the testimony of such witness.
If the motion for a new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is expected to be given or duly authenticated copies of documents which it is proposed to introduce in evidence.
Recantation- The public and formal withdrawal by a witness of his prior statement.
Recantation v. Desistance
In recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in the affidavit of desistance it is more on the intention of the complainant in prosecuting the case.
Effects of Granting a new trial or reconsideration:
In all cases, when the court grants a new trial or reconsideration. In addition, when a new trial is granted on the ground of:
Errors of law or irregularities committed during the trial
New trial v. Reopening of the case
Motion for new trial is filed after judgment is rendered but before the finality thereof.
Motion to re-opening of the case is made by the court before the judgment is rendered in the excuse of sound discretion.
Motion for new trial is made by the court on motion of the accused or at its own instance but with the consent of the accused.
Motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence.
Application of Neypes Doctrine in criminal cases
If the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of the denial of the motion for reconsideration or a new trial.
Fajanilan, Kristel Anne C.
3C1
Good day Sir. Thank you for the lecture. This is the summary of what I've learned:
Rule 121 New trial and Reconsiderstion
New Trial or Reconsideration
- these are the remedies of the acused after judgment
- New trial is rehearsal of a case already decided but before the judgment of conviction therein rendered has become final, before finality of the judgment the accused can file a motion for new trial. A new trial will rehearse the case already decided whereby the errors of law irregularities are expunged from the record or new evidence is introduced or both steps are taken. On the otherhand, a motion for reconsideration is filed in order to some errors of law or fact in the judgment. It does not require any further proceeding.
- Grounds for new trial: there are errors or irregularities prejudicial to the substantial rights of the accused have been committed during trial and there is new and material evidence has been discovered. A motion. for reconsideration on the otherhand, is an error of law or an error of facts.
- In a motion for new trial the new and material evidence has been discovered with reasonable diligence and the produced that it could not have been produced at the trial and which if introduced and admitted would probably changed the judgment.
- Other grounds for new trial that may consider in the exercise of its jurisdiction is the negligence or incompetency of counsel or mistakr which is so gross amounting to deprivation of the substantial rights of the accused and due process. Recandation of a witness where there is no evidence sustaining the jugdment of conviction other than the testimony of such witness.
- If the motion for new trial is based on newly discovered evidence, it must be supported by affidavits of the witness by whom which evidence is experted to be given or duly authenticated copies of documents which it is proposed to introduce in evidence.
•Recantation
- The public and formal withdrawal by a witness of his prior statement.
- the witness is retracting, recounting or withdrawing his previous statement with a new one.
•Recantation v. Desistance
- In recantation, it is the witness was previously testified now withdrawing his statements because they are untrue while in affidavit of desistance it is more on intention of the complainant in prosecuting the case. (For example if the institution of the criminal complaint is due to mere misunderstanding and that the complainant is no longer interested in instituting the case then you file or you draft an affidavit of desistance.
- As a general rule, a recantation is not a ground for granting a new trial and are hardly given weight however there is an exception, when there is no evidence sustaining the judgment of conviction other than the testimony of recanting witness then recantation can be a ground for a new trial. Affidavit of desistance is not a ground for dismissal of the action. It is merely an additional ground to buttress or strengthen the defense and not a sole consideration for acquittal just because a witness or the private complainant had already executed an affidavit of desistence thats not mean that the accused will be acquitted or that the can can be dismissed because tge court can base its judgment on other evidence available such as documentary evidence and object evidence.
• Effects of Granting a new trial or reconsideration
- In all cases, when the court grants a new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly.
- In addition, when new trial is granted on the ground of:
1. Errors of law or irregularities committed during the trial
a. All proceedings and evidence not affected by such errors and irreguralities shall stand
b. Those affected shall be set aside and taken a new
c. In the interest of justice, the court may allow the introduction of additional evidence.
2. Newly discovered evidence
a. The evidence already taken shall stand
b. Newly discovered and other evidence as the court may, in the interest of justice, allows to be introduced, shall be taken and considered together with the evidence already in the record.
• New trial v. Reopening of the case
- A motion for new trialis filed after judgment is rendered but before the finality thereof. On the otherhand, motion to re-opening of the case is made by the court before the judgment is rendered in the exercuse of sound discretion.
- A motion for new trial is made by the court on motion of the accused or at its own instance but with the consent od the accused. While a motion to re-open the case does not require the consent of the accused and it may be at the instance of either party who can thereafter present additional evidence.
• Application of Neypes Doctrine in criminal cases
- There is a case decided by the Supreme Court on September 14, 2005, the Neypes v. Court of Appeals case more popularly known as the Neypes Doctrine in criminal cases.
- If the accused was convicted before the lower court and out of the judgment of conviction he files a motion for new trial or reconsideration during the time of the period of perfecting an appeal then a fresh period of 15 days to appeal is counted from the time of denial or from the receipt of denial of the motion for reconsideration or new trial.
Ask lang po kung pwede😇kasama po ba sa bilang ng 15 days ng MR ang sprcial holidays?april 30 po ng hapon kasi nag submit kami ng MR which is pang 14 days,kinabukasan is may 1(labor day)sablay po ba or not counted pag holiday?salamat po!!😇
CORONADO, JANE HYACENTH A. 3C4
thank you Sir . this is the summary of the lesson i have learned
RULE 121 NEW TRIAL OR RECONSIDERATION new trial is rehearsal of a case already decided but before the judgement of conviction therein rendered has become final while the reconsideration may be filed in orde to correct errors of law or fact in the judgement it does not require any further proceeding
- the new trial or reconsideration rule 121 the grounds in new trial error of law irregularities prejudicial to the substantial rights of the accused have been committed during trial while reconsideration grounds is error of law or error of facts
recantations the public and formal withdrawal by a witness of his prior statement the witnesses is retracting, recounting or withdrawing his previous statement
-recantation is a witness who previously gave a testimony subsequently declares that his statements are untrue publicly, in general rule it is not a ground for granting a new trial and are hardly given weight and the exception there is no evidence sustaining the judgement of conviction other than the recanting witness testimony while affidavit of desistance is the complainant states that he did not really intend to institute the case and he is no longer interested in testifying.
- the effects of granting a new trial in all cases when the court grants a new trial or reconsideration, the original judgement shall be set aside
- new trial is filed after judgement is rendered but before the finality while re-opening of the case made by the court before the judgement is rendered in the exercise of sound discretion
DEL MUNDO, SHAINA D.
3C4
This is the summary of what I've learned;
RULE 121
New Trial or Reconsideration
New trial or reconsideration. - Before a judgment of
conviction becomes final, the court may give a new trial or reconsideration on
the motion of the accused or at its own initiative but with the cooperation of
the accused. The foundations for a new trial have been laid. - On any of the
following grounds, the court will grant a fresh trial. During the trial, there
were mistakes of law or irregularities that jeopardized the accused's
substantial rights; New and material evidence has been uncovered that the
accused could not have discovered and produced at trial with due diligence, and
which, if submitted and admitted, would almost certainly modify the verdict. The
court may grant reconsideration on the basis of mistakes of law or fact in the
judgment, which does not necessitate further actions. Notice to the prosecutor
in the form of a motion. - The motion for a new trial or reconsideration must
be made in writing and must include the grounds for the request. If the motion
is based on newly discovered evidence, it must be accompanied by affidavits from
witnesses who are expected to offer such testimony or duly authenticated copies
of documents that are to be submitted in evidence. Hearing on motion. - If a
motion for a new trial requires the determination of any factual issue, the
court may hear evidence on that issue by affidavits or other means.