New Trial or Reconsideration
New Trial or Reconsideration
Section 1
NEW TRIAL - The rehearing of a case already decided but before the judgment of conviction therein rendered has become final, whereby errors of law or irregularities are expunged from the record or new evidence is introduced or both steps are taken.
Once the appeal is perfected, the trial court steps out of the case and the appellate court steps in. When new material evidence has been discovered, the accused may file a motion for new trial with the appellate court.
Trial Court Loses Jurisdiction Over Its Sentence Even Before The Lapse Of 15 Days
1. When the defendant voluntarily submits to the execution of the sentence
2. When the defendant perfects his appeal.
Differences
1. New Trial - Proper only After rendition or promulgation of judgment (15 days from promulgation of judgment)
Reconsideration - May be filed in order to correct errors of law or fact in judgment; does not require any further proceeding.
Reopening of Trial - May be properly presented only after either both parties have formally offered and closed their evidence But Before judgment.
Reopening of Case - Made by the court before judgment is rendered in the exercise of sound discretion.
2. New Trial - Requires consent of the accused.
Reconsideration - Judgment will be based on the pleadings submitted by the parties.
Reopening of Trial - Possible to have trials or hearings or reception of justice in order to avoid miscarriage of justice.
Reopening of Case - Does not require the consent of the accused.
3. New Trial - Made at the instance of the accused or upon the initiative of the court but with the consent of the accused.
Reopening of Case - May be made at the instance of either party who can thereafter present additional evidence.
4. New Trial - Interrupts the period for perfecting an appeal from the time of its filing until notice of the order overruling the motion shall have been served upon the accused or his counsel.
Reconsideration - Interrupts the period for perfecting an appeal from the time of its filing until notice of the order overruling the motion shall have been served upon the accused or his counsel.
Section 1
NEW TRIAL - The rehearing of a case already decided but before the judgment of conviction therein rendered has become final, whereby errors of law or irregularities are expunged from the record or new evidence is introduced or both steps are taken.
Once the appeal is perfected, the trial court steps out of the case and the appellate court steps in. When new material evidence has been discovered, the accused may file a motion for new trial with the appellate court.
Trial Court Loses Jurisdiction Over Its Sentence Even Before The Lapse Of 15 Days
1. When the defendant voluntarily submits to the execution of the sentence
2. When the defendant perfects his appeal.
Differences
1. New Trial - Proper only After rendition or promulgation of judgment (15 days from promulgation of judgment)
Reconsideration - May be filed in order to correct errors of law or fact in judgment; does not require any further proceeding.
Reopening of Trial - May be properly presented only after either both parties have formally offered and closed their evidence But Before judgment.
Reopening of Case - Made by the court before judgment is rendered in the exercise of sound discretion.
2. New Trial - Requires consent of the accused.
Reconsideration - Judgment will be based on the pleadings submitted by the parties.
Reopening of Trial - Possible to have trials or hearings or reception of justice in order to avoid miscarriage of justice.
Reopening of Case - Does not require the consent of the accused.
3. New Trial - Made at the instance of the accused or upon the initiative of the court but with the consent of the accused.
Reopening of Case - May be made at the instance of either party who can thereafter present additional evidence.
4. New Trial - Interrupts the period for perfecting an appeal from the time of its filing until notice of the order overruling the motion shall have been served upon the accused or his counsel.
Reconsideration - Interrupts the period for perfecting an appeal from the time of its filing until notice of the order overruling the motion shall have been served upon the accused or his counsel.
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