M. New Trial or Reconsideration (Rule 121)

M. New Trial or Reconsideration (Rule 121)

> RULE 121

New Trial or Reconsideration

Section 1. New trial or reconsideration. — At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration. (1a)

Section 2. Grounds for a new trial. — The court shall grant a new trial on any of the following grounds:

(a) The errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;

(b) The 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. (2a)

Section 3. Ground for reconsideration. — The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings. (3a)

Section 4. Form of motion and notice to the prosecutor. — The motion for a new trial or reconsideration shall be in writing and shall state the grounds on which it is based. If based on a newly-discovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence. Notice of the motion for new trial or reconsideration shall be given to the prosecutor. (4a)

Section 5. Hearing on motion. — Where a motion for a new trial calls for resolution of any question of fact, the court may hear evidence thereon by affidavits or otherwise. (5a)

Section 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 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. (6a)

New Trial or Reconsideration

At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration (Rule 121, Sec. 1).

GROUNDS FOR NEW TRIAL

A motion for new trial may be filed upon any of the following grounds:

• Errors of law during trial
• Irregularities prejudicial to the substantial rights of the accused during trial
• New and material evidence has been discovered (Rule 121, Sec. 2)

The rule does not provide for a motion for new trial by the prosecution as the reopening of the case would result in double jeopardy.

GROUNDS FOR RECONSIDERATION

A motion for reconsideration may be filed upon any of the following grounds:

• Errors of law.
• Errors of fact in the judgment (Rule 121, Sec. 3)

Note: Requires no further proceedings

M. New Trial or Reconsideration (Rule 121)

REQUISITES BEFORE A NEW TRIAL MAY BE GRANTED ON GROUND OF NEWLY DISCOVERED EVIDENCE

When Hearing of the Motion is Required

A hearing shall be conducted when the motion for new trial calls for a resolution of a question of fact. Court may hear evidence on the motion by affidavits or otherwise. (Rule 121, Section 5)

As correctly stated by the Office of the Special Prosecutor (OSP), Sec. 2 of Rule 37 and Sec. 4 of Rule 121 should be read in conjunction with Sec. 5 of Rule 15 of the Rules of Court.

Basic is the rule that every motion must be set for hearing by the movant except for those motions which the court may act upon without prejudice to the rights of the adverse party. The notice of hearing must be addressed to all parties and must specify the time and date of the hearing, with proof of service. (Flores v. People, G.R. No. 181354, 2013)

NOTE: Under the Revised Rules on Civil Procedure, an MNT or MR shall be resolved its receipt of the opposition thereto, or the period to file such opposition (Rule 15, Sec. 5, A.M. No. 19-10-20-SC). However, the court, in the exercise of its discretion, call for a hearing (Rule 15, Sec. 6, A.M. No. 19-10- 20-SC). There is no ruling yet as to whether or not the same shall apply in criminal cases.

EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION

(Rule 121, Sec. 6)

Recantation

The public and formal withdrawal of a witness’ prior statement made under oath, in the presence of the judge, and with the opportunity to cross-examine.

General Rule: Recantation is not a ground for new trial because it makes a mockery of the court and would place the investigation of truth at the mercy of the unscrupulous witness.

Exception: When the testimony is material, its recantation creates doubt of the guilt of the accused (De Guzman v. IAC, G.R. No. 69386. April 4, 1990).

Updated: A witness’s retraction may warrant a new trial only when the testimony was essential to the conviction, special circumstances cast doubt on it, and no other evidence sustains the conviction (Fernando v. People, G.R. No. 259589, 29 July 2025).

Motion for new trial or reconsideration

A Motion for New Trial or Reconsideration of a decision or final order shall be filed within fifteen (15) calendar days from the promulgation of the judgment or from notice of the final order or judgment. (Rule X, Sec. 1, 2018 Revised Internal Rules of the Sandiganbayan)

A new trial may be granted in criminal cases decided by the Sandiganbayan in the exercise of its original jurisdiction on the grounds provided in Sec. 2 of Rule 121, or on the ground provided in Sec. 14, Rule 124 of the Revised Rules of Criminal Procedure in criminal cases appealed to or decided by the Sandiganbayan. (Rule X, Sec. 4, 2018 Revised Internal Rules of the Sandiganbayan)

Resolution of Motion for Reconsideration of Judgment of Conviction of Motion for New Trial

A motion for reconsideration of judgment of conviction or motion for new trial under Rule 121 shall be filed within 15 days from promulgation and shall be resolved within a non-extendible period of 10 calendar days from submission of comment of the prosecution. The court shall resolve the motion within 10 days with or without comment of the prosecution.