Below is a comprehensive—but still reader‑friendly—legal primer on MOTIONS FOR NEW TRIAL in the Philippines, complete with doctrinal rules, timelines, strategic notes, and concrete examples for both civil and criminal cases. I’ve also added quick‑glance checklists and a short template you can adapt in practice.
1. Concept & Purpose
| Proceeding | Governing Rule | Core Purpose |
|---|---|---|
| Civil | Rule 37, Rules of Court | Give the trial court itself a final chance to correct substantive or procedural errors before an appeal |
| Criminal | Rule 121, Rules of Court | Prevent miscarriage of justice by permitting the trial court to reopen fact‑finding when new evidence or grave error emerges |
A motion for new trial does not attack the judgment’s legality (that’s for a motion for reconsideration); it seeks a fresh evaluation of facts because something important was missed, mishandled, or later discovered.
2. Grounds
A. Civil (Rule 37 §1)
- Errors of Law or Irregularities in the proceedings materially affecting the substantial rights of the movant.
- Newly discovered evidence which:
- Could not, with reasonable diligence, have been produced at trial;
- Is material, not merely cumulative or impeaching; and
- Would probably alter the judgment.
B. Criminal (Rule 121 §2)
- Errors of law or irregularities during trial prejudicial to the accused.
- Newly discovered evidence that (a) was not obtainable despite due diligence, (b) is material, and (c) would probably result in acquittal.
Note: “Grave abuse of discretion” is not an explicit ground—it is addressed by certiorari under Rule 65, not a motion for new trial.
3. Deadlines & Formal Requisites
| Step | Civil | Criminal |
|---|---|---|
| Filing period | Within 15 days from notice of judgment or final order (same window as a motion for reconsideration) | Within 15 days from promulgation (for convicted accused) or from notice of judgment (for the prosecution) |
| Verification | Required (Rule 37 §2) | Required if based on newly discovered evidence |
| Affidavits/Exhibits | Attach affidavits of witnesses or copies of documents constituting the newly discovered evidence | Same requirement (Rule 121 §4) |
| Service & Hearing | Written notice of hearing; set on a date when the court regularly hears motions | Same; must specify time & date |
One‑motion rule (Rule 37 §5 & Rule 121 §3): You may combine a motion for new trial and reconsideration in one pleading, but no second motion is allowed.
4. Court Action & Effects
Civil
- Granted: judgment set aside; case re‑opened; evidence may be adduced de novo or only on specified issues.
- Denied: period to appeal restarts from notice of denial (Rule 37 §6).
Criminal
- Granted: original judgment vacated; trial proceeds as if a first trial—the entire evidence may be reheard, unless the order limits the scope.
- Denied: accused may seek reconsideration or appeal; denial is interlocutory if trial has not yet fully recommenced.
5. Illustrative Examples
Example #1 – Civil (Newly Discovered Evidence)
Scenario: After losing a breach‑of‑contract suit, ABC Corp. obtains a third‑party shipping log (not in its control during trial) showing force‑majeure delay—squarely contradicting the plaintiff’s timeline.
Motion: Within 15 days of judgment, ABC files a Verified Motion for New Trial, attaching the authenticated log and an affidavit from the custodian explaining why it was unobtainable earlier.
Probable result: Court may grant a partial new trial limited to the delay issue.
Example #2 – Criminal (Witness Recantation)
Scenario: Juan Dela Cruz is convicted of homicide. Ten days after promulgation, the prosecution’s lone eyewitness executes a sworn recantation claiming police coercion.
Motion: Juan files a Motion for New Trial under Rule 121 §2(b), attaching the affidavit.
Key test (People v. Salas, G.R. L‑14425, 1958): Recantation is viewed with suspicion; the court will grant only if it finds the new story credible and likely to produce acquittal.
Possible outcome: Court may deny and advise appeal; or, if corroborated by other fresh evidence (e.g., hospital records disproving presence), it may grant.
Example #3 – Criminal (Error of Law)
Scenario: Court relied on an uncorroborated extrajudicial confession without counsel—clear violation of custodial‑interrogation rules.
Motion: Accused moves for new trial citing error of law materially affecting rights.
Note: Because the error is apparent on record, the judge can (and should) resolve without receiving new evidence.
6. Strategic & Practical Notes
- Due Diligence Test is Strict. Courts routinely deny if the “new” evidence could have been subpoenaed, inspected, or secured by discovery tools (Rule 27‑29).
- Affidavits Must Be Specific. Bare allegations that evidence was unavailable won’t suffice. Detail how you tried to obtain it.
- Combine Grounds When Possible. Pair “errors of law” with “newly discovered evidence” to hedge; they are mutually reinforcing, not exclusive.
- Suspensive Periods. Filing interrupts the reglementary period for appeal; be mindful to withdraw or amend timely if you intend to elevate.
- Labor & Quasi‑Judicial Bodies. NLRC (Rule X, 2023 Rules) and COMELEC (Rule 23) allow “motions for new trial” by analogy, but observe bespoke timelines (usually 10 days).
- Ethical Limits. Frivolous motions may subject counsel to administrative sanctions (Canon 11, Code of Professional Responsibility and Accountability, 2023).
7. Selected Jurisprudence (Quick Reference)
| Case | Doctrine |
|---|---|
| People v. Bermas (G.R. L‑47739, 1989) | Recantation is disfavored; must rest on more than an affidavit. |
| Tan v. CA (G.R. 84635, April 21 1992) | “New trial” in civil may be partial, covering only affected issues. |
| Heirs of Malate v. Gamboa (G.R. 171018, 2017) | Verified motion + affidavits showing diligence are jurisdictional; absence is fatal. |
| People v. Binabay (G.R. 195374, 2018) | Erroneous jury instructions (analogue: misapplication of law to facts) justify new trial. |
| Cruz v. People (G.R. 233201, 2021) | Period to appeal runs anew from notice of denial of motion. |
8. Model Form (Civil – Newly Discovered Evidence)
CAPTION
VERIFIED MOTION FOR NEW TRIALDefendant, through counsel, respectfully states:
- Judgment dated ___ was received on ___.
- Defendant has discovered material evidence after trial, consisting of [describe], copies of which are attached as Annex “A”.
- Affiant Mr./Ms. ___ (Annex “B”) attests that the evidence was inaccessible despite subpoenas issued on [dates].
- Said evidence is not cumulative and would probably alter the judgment by [explain].
WHEREFORE, premises considered, defendant prays that the judgment be set aside and a new trial ordered.
VERIFICATION & OATH
NOTICE OF HEARING
(For criminal, cite Rule 121 and attach supporting affidavits.)
9. Checklist Before Filing
- ☐ Still within 15‑day window?
- ☐ Verified affidavit executed?
- ☐ Due diligence detailed?
- ☐ Attach certified copies/affidavits of new evidence?
- ☐ One‑motion rule observed (combine with reconsideration if needed)?
- ☐ Notice of hearing set on a motion day?
Key Takeaway
A motion for new trial is a last‑ditch safety valve—powerful but tightly circumscribed. Careful fact‑gathering, impeccable timing, and precise pleading are indispensable in persuading the court to set aside its own judgment and reopen the case.
Feel free to adapt the template and examples above to your specific scenario, and always cross‑check the latest Supreme Court circulars for any pandemic‑era or e‑filing adjustments.