NEW TRIAL OR RECONSIDERATION
1. If the motion for new trial is granted, the judgment is set aside
2. If the MR is granted, the judgment is merely amended
3. Within the period to take an appeal
GROUNDS FOR FILING A MOTION FOR NEW TRIAL OR RECONSIDERATION
1. Fraud, accident, mistake or excusable negligence
2. Newly discovered evidence
3. Damages awarded were excessive
4. Insufficient evidence to support
CONTENTS OF THE MOTION
1. Shall be in writing—stating the grounds thereof
2. Motion for new trial: proved in the same manner provided for proof of motions
3. Section 1 (a) of Rule 37: Affidavits of Merit
4. 1(b): affidavits of the witnesses whom such evidence is expected to be given or by duly authenticated documents which proposed to be introduced as evidence
5. A proforma MR or motion for new trial shall not toll the reglementary period
6. No motion for extension of time
AFFIDAVITS OF MERIT
> Motion for new trial
1. Affidavits setting forth the facts and circumstances alleged to constitute such fraud, accident, mistake, excusable negligence
2. Affidavits setting forth the particular facts claimed to constitute the movant’s meritorious cause of action or defense
> These are not necessary if the granting of the motion for new trial is not discretionary with the court but is demandable as of a right, as where the movant has been deprived of his day in court through no fault or negligence on his part because no notice of hearing was furnished him in advance
FRAUD MUST BE EXTRINSIC IN NATURE TO BE A GROUND FOR NULLITY
> Extrinsic fraud—committed outside the litigation against the defeated party
> Fraud in the procurement thereof
ON THE GROUND OF ACCIDENT OR SURPRISE, it must appear there was A/S which ordinary prudence could not have guarded against, and by reason of which, the party applying has been probably impaired in his rights.
MISTAKE is some unintentional act, omission or error arising from ignorance, surprise, imposition or misplaced confidence.
BELIEF THAT THERE IS NO NEED TO APPEAR DURING THE TRIAL BECAUSE THERE WAS ALREADY A COMPROMISE AGREEMENT IS A GROUND FOR NEW TRIAL
> General Rule: judgment based on a compromise agreement is not subject to appeal and also immediately executory
> Exception to the rule: where a party moves to set it aside on the ground of either fraud, mistake or deceit
EXCUSABLE NEGLECT means a failure to take the proper steps at the proper time in consequence of some unexpected or unavoidable hindrance or accident, or reliance on the case and vigilance of counsel or on promises made by the adverse party.
RELIEF FROM JUDGMENT, RELIEF FROM DENIAL OF APPEAL
> Fraud, mistake, accident, excusable negligence: in accordance to Rule 38
> If prevented from taking an appeal—this petition as well
IMPORTANT TO DISTINGUISH BETWEEN A FINAL JUDGMENT OR ORDER AND AN INTERLOCUTORY ONE
1. FINAL JUDGMENT OR ORDER—one that finally disposes of a case, leaving nothing to be done by the court in respect thereto
2. INTERLOCUTORY—order that doesn't finally dispose of the case and also not end the court’s task of adjudicating
A PETITION FOR RELIEF OF JUDGMENT OR FROM DENIAL OF APPEAL MUST CONFORM TO THE FOLLOWING
1. It must be verified
2. Filed within 60 days after the petitioner learns of the judgment or order
3. And not more than 6 months after such judgment or final order was entered or such proceeding was taken (remember that the date of entry is the date of finality)
