After conviction but before the judgment of conviction becomes final, an accused has remedies to seek a review or correction, one of which is a motion for new trial. Under the Rules of Court, the court may grant a new trial (or reconsideration) on the motion of the accused, filed within the period for perfecting an appeal (generally fifteen days from promulgation or notice of the judgment). There are two grounds for a new trial in criminal cases. The first is errors of law or irregularities prejudicial to the substantial rights of the accused committed during the trial (for example, a serious procedural error that affected the fairness of the proceedings). The second, and often more significant, is newly discovered evidence: 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. For newly discovered evidence to justify a new trial, the requisites are: the evidence was discovered after the trial; it could not have been discovered and produced during trial even with reasonable diligence; it is material, not merely cumulative, corroborative, or impeaching; and it is of such weight that it would probably change the judgment if admitted. The effect of granting a new trial depends on the ground: if for errors of law or irregularities, the original judgment is set aside and the trial proceeds anew only as to the matters affected; if for newly discovered evidence, the evidence taken at the former trial that is still relevant may stand, and the new evidence is taken and considered together with it, and the court renders a new judgment. A new trial is distinct from an appeal (which reviews the record for errors) and from a petition for relief or annulment of judgment (post-final remedies). So a motion for new trial lets a convicted accused seek a fresh consideration based on trial errors or newly discovered evidence, filed before the judgment becomes final.
A Pre-Finality Remedy
Before the judgment of conviction becomes final, the accused may file a motion for new trial, within the period to appeal (generally 15 days).
The Two Grounds
- Errors of law or irregularities prejudicial to the accused's substantial rights during the trial; and
- Newly discovered evidence — new, material evidence not discoverable with reasonable diligence during trial, which would probably change the judgment.
Requisites of Newly Discovered Evidence
The evidence was discovered after trial; could not have been produced earlier with diligence; is material (not merely cumulative/impeaching); and is weighty enough to probably change the judgment. Granting a new trial sets aside the judgment (wholly or as to matters affected) and a new judgment is rendered.
Practical Takeaways
- A motion for new trial seeks fresh consideration for trial errors or new evidence;
- File it before finality, within the appeal period;
- Newly discovered evidence must be material and outcome-changing.
Frequently Asked Questions
What are the grounds for a new trial in a criminal case? Errors of law or irregularities prejudicial to the substantial rights of the accused committed during the trial, and newly discovered evidence that could not have been discovered with reasonable diligence and would probably change the judgment.
What are the requisites of newly discovered evidence? The evidence was discovered after trial, could not have been discovered and produced during trial even with reasonable diligence, is material and not merely cumulative or impeaching, and is of such weight that it would probably change the judgment.
When must a motion for new trial be filed? Within the period for perfecting an appeal, generally fifteen days from the promulgation or notice of the judgment, that is, before the judgment of conviction becomes final.
What happens if a new trial is granted? If for errors of law, the judgment is set aside and the trial proceeds anew as to the affected matters. If for newly discovered evidence, the new evidence is taken with the still-relevant former evidence, and the court renders a new judgment.
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.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.