How to File a Motion for Reconsideration of a Criminal Conviction

Under Rule 121 of the Revised Rules of Criminal Procedure, a person convicted of a crime has a narrow but important window to ask the very same court that convicted them to take a second look — before the case even reaches the appellate courts. This is the motion for reconsideration or, where new evidence is involved, a motion for new trial. Getting the timing and content right is often the difference between preserving a right to appeal and losing it altogether.

This remedy is most often used by an accused who was convicted after a full trial and believes the trial court’s decision contains a specific, identifiable error — not simply an accused who wants a different outcome. It is filed with, and resolved by, the same branch that handed down the conviction, which is what distinguishes it from an appeal to a higher court. Because the same judge who wrote the decision is being asked to revisit it, the motion works best when it is precise about what the court got wrong, rather than a general plea for leniency.

The 15-Day Deadline You Cannot Miss

The rule is unforgiving on timing. Rule 121, Section 1 allows the trial court to grant a new trial or reconsideration “at any time before a judgment of conviction becomes final.” Under Rule 120, a judgment becomes final once the period for perfecting an appeal lapses, and that period is fifteen (15) days counted from the date the judgment is promulgated (read in open court) or, in specific situations where the accused was justifiably absent, from the date the accused receives notice of the judgment.

In practice, this means:

• Count from promulgation, not from when your lawyer gets around to reading the decision. The 15-day clock starts the day the judge reads the verdict in open court, or the day it is properly served if the accused was justifiably absent.
• Weekends and holidays count, except that if the 15th day falls on a weekend or a legal holiday, the deadline moves to the next working day.
• A timely motion pauses the running of the appeal period. Because the judgment cannot become final while a timely motion remains unresolved, filing within the 15-day window keeps the case open and, as a rule, keeps the judgment from being executed while the motion is pending.

There is no general provision allowing this 15-day period to be extended simply because counsel needs more time to prepare. If the deadline is missed, the conviction becomes final and executory, and the remedies available afterward are far more limited and far less certain — generally confined to narrow, extraordinary relief available only in exceptional circumstances, such as where the judgment itself is void for lack of jurisdiction or reflects a serious denial of due process. None of these extraordinary avenues is available as a matter of course, and none is a substitute for a timely motion or appeal.

Grounds You Can Actually Raise

Rule 121 does not allow a motion for reconsideration to simply repeat arguments the trial court already rejected. It has to point to something specific:

Motion for Reconsideration

A motion for reconsideration asks the court to correct errors of law or fact in the judgment that do not require any further proceedings or reception of additional evidence. This is the right vehicle when the complaint is that the trial court misapplied the law to the established facts, misread the evidence already on record, overlooked a material fact or piece of testimony, or imposed a penalty that does not match the offense actually proven.

Motion for New Trial

A motion for new trial is used instead, or in addition, when the ground is:

• Errors of law or irregularities committed during the trial that prejudiced the substantial rights of the accused — for example, a serious procedural lapse that deprived the accused of a fair hearing.
• Newly discovered evidence which, with reasonable diligence, could not have been discovered and produced at trial, and which is of such weight that, if admitted, it would probably change the outcome of the case. A motion on this ground must be supported by the affidavits of the witnesses who will give the new evidence, or by duly authenticated copies of the documents to be introduced.

Both types of motion may be combined in a single pleading if the facts support it, and the same 15-day deadline applies to either.

Step-by-Step: How to Prepare and File the Motion

• Step 1 — Secure a copy of the decision and note the promulgation date. Everything else is counted from this date, so confirm it with the branch clerk of court.
• Step 2 — Identify the specific errors or new evidence. A motion that vaguely complains the decision is “contrary to law and the evidence” without pointing to particular findings, testimony, or legal provisions is treated as pro forma and generally will not stop the appeal clock from running.
• Step 3 — Put the motion in writing and state the grounds. Rule 121, Section 4 requires that the motion be in writing and state the specific grounds on which it is based. If the ground is newly discovered evidence, attach the supporting affidavits or authenticated documents to the motion itself.
• Step 4 — Serve a copy on the public prosecutor. The rule expressly requires that notice of the motion be given to the prosecutor handling the case, since the People of the Philippines is the opposing party in a criminal action.
• Step 5 — File with the same court that rendered the judgment, well before the 15-day deadline expires, and secure a stamped “received” copy for your own file as proof of timely filing.
• Step 6 — Attend any hearing the court sets. Where the motion raises a question of fact, the court may hear evidence on the motion by affidavits or otherwise, so be prepared to substantiate the grounds raised.

What the Court Can Do With the Motion

If the motion is granted, the effects depend on the ground. If new trial is granted because of trial errors or irregularities, all the proceedings and evidence affected by the error are set aside and taken anew. If it is granted on the ground of newly discovered evidence, the evidence already presented stands, and the new evidence is simply taken and considered together with what is already on record. Either way, once the new trial concludes, the original judgment is set aside and a new judgment is rendered based on the whole record. If instead the court simply grants reconsideration, it may modify or reverse its own judgment on the strength of the errors of law or fact pointed out, without reopening the reception of evidence.

If the Motion Is Denied

A denial does not end the case — it simply means the next step is an appeal, following whatever remains of the original appeal period once the denial is received. This is exactly why the motion should be filed as early as possible within the 15-day window rather than on the last day: a motion filed close to the deadline leaves very little room to pivot to an appeal if it is denied. Because the stakes and the arithmetic are unforgiving, this is not a stage of the case to navigate without counsel who can calendar the deadlines precisely and frame the grounds in a way the rule actually recognizes.

Common Mistakes That Sink a Motion for Reconsideration

• Treating it as a formality. Courts routinely deny motions that merely restate the defense already argued at trial without identifying a specific legal or factual error.
• Missing the service requirement. Failing to furnish the prosecutor with a copy, or failing to prove that service was made, can give the court reason to treat the motion as defective.
• Confusing the deadline for the motion with the deadline for an appeal. They are related but distinct: the motion must be filed before the judgment becomes final, and if denied, whatever remains of the original appeal period is what is left to perfect an appeal.
• Waiting on a lawyer change or additional evidence-gathering before filing. The 15-day period is not extended for these reasons, so the motion, even a leaner one, should be filed on time and, where needed, followed by a request for leave to submit additional affidavits.

A Note on Convictions From the Court of Appeals or Supreme Court

The discussion above centers on a conviction handed down by a trial court — the Regional Trial Court or a first-level court — which is the most common scenario clients face. Where the conviction instead comes from the Court of Appeals or the Supreme Court after an appeal, reconsideration is governed by separate rules specific to those courts rather than Rule 121, generally with a similarly strict, non-extendible filing period counted from receipt of the decision. The core discipline is the same across every level, however: identify the deadline the moment the decision is received, and do not let the calculation of that deadline depend on when the ruling is actually read.

Frequently Asked Questions

Does filing a motion for reconsideration stop my sentence from being carried out? Yes, in effect. A judgment cannot be executed until it becomes final, and it cannot become final while a timely motion for reconsideration or new trial is pending and unresolved, so execution is held off during that period.

Is there a filing fee for a motion for reconsideration in a criminal case? Motions filed within an already-pending criminal case, including a motion for reconsideration of a conviction, are generally not charged the kind of docket fee required for filing a new civil suit, since the criminal action itself was initiated by the State.

Can I file a motion for reconsideration and an appeal at the same time? No, these are alternative remedies against the same judgment; filing a timely motion for reconsideration pauses the appeal period, and you only proceed to an appeal if and after the motion is resolved against you.

What happens if I miss the 15-day deadline entirely? The conviction becomes final and executory, and the trial court loses jurisdiction to reconsider it; at that point only narrow, extraordinary remedies available in exceptional circumstances, such as where the judgment is void or was rendered in serious violation of due process, may still be open, and none of them is available as a matter of course.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

The 15-day window is short by design, so the moment a conviction is promulgated is the moment to start counting, not the moment to start deciding.