Sec. 6. Effects of granting a new trial or reconsideration. – The effects of granting a new trial or reconsideration are the following:
(a) When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all the proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the introduction of additional evidence.
(b) When a new trial is granted on the ground of newly-discovered evidence, the evidence already adduced shall stand and the newly-discovered and such other evidence as the court may, in the interest of justice, allow to be introduced shall be taken and considered together with the evidence already in the record.
(c) In all cases, when the court grants new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly.
WHAT IS THE EFFECT OF THE GRANT OF THE MOTION FOR NEW TRIAL?
THE GRANT OF THE MOTION HAS THE FOLLOWING EFFECTS:
1. If it is based on errors of law or irregularities committed during the trial, a trial de novo ensues. This means that all the proceedings and evidence affected by the error or irregularity will
be set aside. The court may, in the interest of justice, allow the introduction of additional evidence.
2. If it is based on the ground of newly discovered evidence, the evidence already adduced will stand. The newly discovered evidence and whatever other evidence the court will allow to be introduced shall be taken and considered together with the evidence already on record
3. In all cases—whether the court grants new trial or reconsideration—the original judgment shall be set aside or vacated and a new judgment rendered
WHY IS THE ACCUSED NOT SUBJECTED TO DOUBLE JEOPARDY WHEN A NEW TRIAL OR RECONSIDERATION IS GRANTED?
First, because it is only granted upon motion of the accused
Second, the first jeopardy is never terminated, since the original judgment is set aside and replaced with a new one
