Short answer. Unless the Court of Appeals directs otherwise, the new trial follows the same procedure as a new trial granted by a Regional Trial Court, so the general rules governing how a trial court conducts a new trial apply by default, unless the appellate court directs a different procedure.

What the law says

Unless the court otherwise directs, the procedure in the new trial shall be the same as that granted by a Regional Trial Court.

Rule 53, Section 4 — Procedure in new trial. Read the full provision →

Borrowing the trial court's procedure

Rule 53, Section 4 avoids creating a separate, freestanding procedure for how a Court of Appeals new trial is to be conducted. Instead, it defaults to the procedure already used when a Regional Trial Court grants a new trial, giving practitioners a familiar framework to work from rather than an untested appellate-specific process. This borrowing reflects a broader pattern in the Rules of Court, where later or more specialized provisions frequently incorporate an established procedure from elsewhere by reference instead of duplicating it, which keeps the rules shorter and reduces the risk of inconsistencies between parallel procedures covering essentially the same ground.

The court can still customize it

The default is not mandatory. The opening phrase, unless the court otherwise directs, preserves the Court of Appeals' discretion to depart from the Regional Trial Court model when the circumstances of the case call for a different approach, such as when the new trial is limited to specific newly discovered evidence rather than a full retrial. This flexibility lets the appellate court tailor the scope of proceedings to whatever ground actually justified granting the new trial in the first place, rather than forcing every case into an identical mold.

Why this cross-reference matters

Because the section incorporates trial court procedure rather than restating it, understanding how a Court of Appeals new trial will actually unfold requires looking at the rules that govern new trials at the Regional Trial Court level, which this section does not itself reproduce. A party preparing for a new trial before the Court of Appeals therefore needs to consult both provisions together — this section for the default rule and its exception, and the Regional Trial Court rules for the mechanics actually applied to the retrial itself. Because the section addresses only the procedure to be followed, it says nothing about the grounds on which a new trial may be granted in the first place, or about how the parties should prepare for it; those separate questions are governed by other provisions entirely, leaving Section 4 to answer only the narrower question of which procedural template controls once a new trial has already been ordered.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.