Sec. 2. Grounds for a new trial. – The court shall grant a new trial on any of the following grounds:
(a) That errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;
(b) That new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment.
WHAT ARE THE GROUNDS FOR A NEW TRIAL?
A PARTY MAY MOVE FOR NEW TRIAL ON THE FOLLOWING GROUNDS:
1. Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial
2. That new and material evidence has been discovered which the accused couldn’t with reasonable diligence have discovered andproduced at the trial and which if introduced and admitted would probably change the judgment
ARE THE MISTAKES OF COUNSEL IN CONDUCTING THE CASE VALID GROUNDS FOR A MOTION FOR NEW TRIAL?
No
The mistakes of counsel generally bind the client, unless he misrepresented himself as a lawyer when he was in fact not one
A new trial may also be granted where the incompetence of the counsel is so great that the defendant is prejudiced and prevented from fairly presenting his defense and where the error of counsel
is serious
WHAT ARE THE REQUISITES FOR GRANTING A NEW TRIAL ON THE GROUND OF NEWLY DISCOVERED EVIDENCE?
THE REQUISITES ARE THE FOLLOWING:
1. The evidence must have been discovered after trial
2. Such evidence couldn’t have been discovered and produced at the trial even with the exercise of reasonable diligence
3. The evidence is material, not merely cumulative, corroborative, or impeaching
4. The evidence must go into the merits, such that it would produce a different result if admitted
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