Cont.

9344 discussion

November 30, 2017

New trial and reconsirderation

Motion for NT/Reconsideration

Q: who files a motion for NT and Motion for recon of a judgment

A: Only the accused may file these motions

Q: may the court grant NT or recon even if the accu did not file a motion?

A: Yes, but it should be with the consent of the accused

Q: if the accused files a motion for NT or Motion for Recon, when may he file his motion

A within the time for the perfection of an appeal, meaning 15 days from the promulgation of judgment

Q: may the accused file / appeal from the judgment without first filing a motion NT / Recon?

A: yes, but he may also file his motion. And if he files his motion and his motion is denied, then he may
appeal___,

If he want to file the motion, he may file, if denied her will have 15 days to file his appeal

In a civil case, the rule may be slightly different.

Q: what are the grounds for NT?

A: In a crim case, the grnds are: sec 2, 121

1. That errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed at the trial
Ex. Like the accused was compelled to testify against himself
2. Newly discovered evidence-the evidence could not have been discovered during the trial even
with ordinary diligence and discovered only after the trial and if presented and admitted would
have probably change the result of the trial. The judgment has not yet become final.
Q: suppose you have that evidence every time you go to court, but because of old age, you
forgot about it, and then when there was a judgment, you realized you forgot abt it, and you
now claim Newly discovered evidence. That is not a newly discovered evidence. That is a
forgotten evidence
Q: can you move NT based on that. A: you cannot,
Q: do you still have a remedy at all? A: you might have, your remedy is re-opening of trial.

Time frame of filing the motions: RoC-> Rule 119, Sec 24: 121, sec 1: [reads: at any time before the ]
If you are unsure if the evidence is newly discovered evidence, then file a motion for re-opening of trial
to avoid the miscarriage of justice, [the ground for filing a motion for re-opening of trial]

Motion for reopening/ NT

You can file both motions within the same time frame

Lets say that There was a Motion for NT

If the court will denies the motion, then the remedy is to appeal for the judgment, Neypes Rule
applies[applies to special proceedings, but it does not apply to administrative cases]

If the motion is granted, what is the effect of the order granting new trial?

1. It vacates/set aside the judgment. The case will stand for trial de novo. The evidence at the
former trial, not affected by the irregularities shall be deemed reproduced at the new trial
without the need of retaking them. Another presentation of evidence. So, The court will render
another judgment.
a. In a civil action, the grounds is slightly different. (differ as to the first grnd)

MOTION FOR RECONSIDERATION

In court, M for Recon

The ground is: the errors of law or of fact were committed in the judgement.

There will be no proceeding. If granted, the court will simply reconsider its decision. In a civil case the
grnds are : award of excessice damages , errors of ____, insufficiency of evidence.

APPEALS in criminal cases

Q: Who can appeal?

A: the ff can appeal:

1. The state can appeal pvvdd that the accused will not be placed in double jeopardy
2. The accused can appeal frm a jdment of conviction
3. Offended party but only as to the civil aspect of the case

Phil Rabbit vs. people

If the action is based on culpa acquiliana, the plaintiff can immediately proceed to the employer

If the cause of action is based on culpa criminal, the claimant cannot immediately proceed to the
employer because his liability is subsidiary

[zzzzzz]
If the employee cannot satisfy the judgment liability ona cct of his insolvency, a motion can be filed to
enforce the subsidiary libality of the employer

In phil rabbit case, the driver was charged and convicted with payment of damages. The judgment was
promulgated, the driver has 15 days to appeal, but during the time to perfect the appeal, The driver
jumped bay? And could not be found. The employer took it upon himself to appeal. He argues that he
shld be allowed to be appealed since it would become his liability. Q: can the employer appeal? A: the
employer, not being a party to the case cannot appeal. In this case, the SC said no, the employer cannot
act independently of its employee, even if the employees liability will eventually become his liability.

Ph rabbit turned turtle [LOL]

Execution of Judgment

How to enforce a judgment in a civil case.: A judgment in a civil case becomes final, there are two ways
to enforce the judgment

-the date of finality shall be the date of entry of judgment: within 5 years from the date of entry, the
judgment can be enforced by means of a motion for execution. After 5 years, but within 10 years frm
entry of judgment, the judgment may be enforced by an action, or a case to revive the judgment called
an action to revive the judgment. Because, after 5 years, the judgment becomes dormant. So you need
to file a n action to revive the judgment. The court will render ta judgment that will revive the
judgment. After 10 yers, you cannot because the judgment becomes stale. The judgment has
prescribed.

Q: how will you re-enforce A; by means of a motion for execution or by means of an action

Case in 2015, this was the case, it came to be known as basilonia v villaluz.

Facts: pp vs X. X was convicted 20 years ago. Year 1992. And then upon conviction, he escaped. After
20 years, he reappeared. So, the offended party, filed a motion for execution because the judgment
found him guilty and sentenced him to pay damages. X opposed the motion arguing that the penalty
and civil liability has prescribed.

Q; is X correct?

A: No, it has not prescribed because the prescription of the penalty never commenced to run. The only
way the penalty would begin to prescribe would be to commit another crime which is evasion of service
of sentence. As to his claim that the penalty has prescribed, the penalty never commenced to run. The
civil liability has already prescribed because after 10 years the judgment cannot be enforced anymore.
In this case, what is important for us to know is a crim case a motion for execution is NOT necessary.
The moment the judgment becomes final, then the court must order the immediate confinement of the
accused, or cancel his bail and order his arrest. As to the criminal aspect of the case, there is no need to
file a motion for execution.

MODES of APPEAL

If the mode of appeal is not correct, the appeal could be dismissed. If you got o the wrong court, the
court will dismiss the appeal. If The appeal is by appeal notice of appeal and record on appeal is not
applicable in a criminal case.

The ff are the modes of appeal

1. Ordinary Appeal-or appeal by writ of error. Ordinary appeal can be accomplished by filing a
notice of appeal in a criminal case [or a notice of appeal and record on appea]l. If with notice of
appeal filed with the court that rendered the judgment being appealed from. (MTC rendred the
judgment-> file to the MTC a notice of appeal)
Q: what shld you state in a notice of appeal?
A: you copy the title of the case, name of the court, docket no./case no./ crim csse no./
Notice of Appeal
Accussed-appellant by counsel respectfully gives notice that he is appealing the
judgment promulgated on july 1, 2016 finding him guilty of homicide to the court of appeals on
the grnd that the judgment is contrary to law.
File notice of appeal to the court-> clerk of court will assemble the record of the case-> clerk of
court will transmit the record of the case (original record of the case) to the appellant court-
>CA, upon receipt of the record, will notify the parties. The name of the appealing party as
appellant, the other party will be appellee->Ca gives notice-> the notice will require the
appellant to file an appellants brief within 30 days from receipt of notice, furnishing the
appellee a copy of the brief-> appellee will submit within 30 days ffrom the receipt of the
appellants brief. -> pay the docket fees-> perfected the appeal
What should be contained in the appellants brief: 1. Statement of the case, 2. Statement of
facts, 3. Statement of the issues involved, 4. Assignment of errors, 5. Arguments ( on the
assigned errors)
Q: how to perfect an appeal? A: by filing the notice of appeal on timw and paying the docket
fees
Q: can we file a motion for extension the time of filing a notice of appeal? A: no,
Q: can we move to file a motion to extend the time for filing an appellants brief? A: yes.
An ordinary appeal from MTC to RTC is governed by Rule 14, an ordinary appeal from RTc to CA
is governed by Rule 41. If the case came from MTC[ a petition for review]
2. A petition for review
3. A petition for review on certiorari- is a mode of appeal with the SC when you raise pure
questions of law [there are exemptions but we donot need to go to the exemptions]
Appeal from the SB

I. SC

SB-appellate jurisdiction

The SB imposes or affirms the decision of the MTC/RTC with _____a penalty of less than death/ RP/ LI.
Then appeal is to the SC by filing a petition for review on Certiorari and the only question that can be
raised is only pure questions of law.

When is it a question of law? When the controversy is centered when the law should be based on a set
of facts and the question is about what law should be applied. If the question is the truthfulness or
falsity of facts, then it is a question of fact.

If SB is exercising is original jurisdiction, _____________

If SB is exercising appellate jurisdiction, _____________

MTc-> RTC-notice of MTC by notice of appeal filed in the MTC

RTC-> SB notice of appeal filed in the RTC

II. SC
SB-original jurisdiction
The penalty imposed is RP/ LI
Appeal from the judgment frm SB to SC by filing of notice of appeal to be filed in the SB
III. Not applicable at present, but applicable in future
SC
SB-exercising original jurisdiction
Penalty imposed is death. The case will go to the SC on an automatic review. The accused
does not have to do anything. Even if he does not file an appeal, the case goes to the SC on
automatic review.
IV. SC
SB-exercising appellate jurisdiction.
Sb imposes the penalty of D/LI/ RP. If RTC imposes a penalty of death, it goes to an
automatic review to the SB. If the RTc imposes a penalty of D/LI it is appealable to the SB by
a notice of appeal.
It shall render judgment but shall refrain from entering judgment. It shall elevate the record
of the case to the SC for Review.

In cases involved by low-ranking officials,

[SEARCH: examples of appeals involving gov officials]

[______________]
Q: can you blame your own lawyer? A: blame him and curse him to your hearts content. But it wont
change the result of the judgment. If the negligence is so gross, then it could be a ground for NT

Appeals involving

1. The case from MTc->RTC->CA->SC

Trial court is the MTC.
The judgment of the MTC is appealbale to the RTC by means of a notice of appeal to be filed in
the MTC. And then from RTC to CA, it is a petition for Review with the CA. The questions to be Commented [n1]: Petition for review of certiorari-filed ALWAYS
to the appellate court
presented could either be qs of fact, qs of law or both qs of facts and law. And then from CA to
SC is a petition for certiorari but only qs of law could be raised.
2. RTC-> CA->SC..RTC-Original jurisdiction
The penalty of the RTC has imposed is a penalty of less than D/RP/LI. And the appeal to the CA is
filing a notice of appeal filed in RTC, CA to SC is filing a review for certiorari filed in the SC.
3. RTC-CA->SC RTC-original jurisdiction
The penalty RTC has imposed is RP/LI.CA to the SC is appeal
RTC: accused raise purely matters of law-> Direct of appeal
Q;
A: there can be a direct appeal
4. RTC->CA->SC RTC-orig
RTC-D-> automatic review to the CA. Then if the CA affirms the penalty, the CA should render
judgment but shall refrain entering the judgment but shall elevate the matter to the SC.
If the appeal is frm MTC->RTC, RTC will also require the appellant to file a brief. It is called as
memorandum. You file the memorandum within 15 days from the date you received the notice.
In a civil case, Failure to file a memorandum is a grnd for dismissal of the case
But In a crim case , it does not apply.
Q: suppose there is a variance bet the allegations and proof, may the accused be convicted of
the crime proved even if it is not the crime charged?
A: yes, pvvded that the crime proved is included in the crime charged and pvvded further that
the ____ has not yet prescribed.
Q: may the accused be convicted of the crime charged even if it not the crime proved?
A: Yes, if the crime charged is included in the crime proved.
Effect of an appeal on the Judgment
Q: Suppose the accused appeals from a judgment of conviction, What is the effect of the appeal
on the judgment
A: The appeal shall stay the judgment appealed from. Stay means suspend. So the judgment is
suspended while it is on appeal because it will not become final in the meantime while it is
pending in court.
Q: but suppose there are several accused, one or some appeal but the others do not appeal.
What is the effect of the appeal to the appealing accused?
A: Well, appeal will stay the judgment as to the accused who has appealed. But the judgment
shall become final as to the accused who did not appeal. Then that accused will have to serve his
sentence.
Q: suppose the appellant court (CA, ex.) renders a judgment in the appealed case, Will the
judgment of the appellant court affect the accused who did not appeal?
A: the judgment of the appellant court will not affect to the accused who did not appeal except
if the judgment if applicable and favorable to the accused.
Q: in the same example, if the charge is murder and X appealed and Y did not, CA sustained the
judgment but lowered the penalty bec of mitigating circumstance of minority, will it affect the
judgment of Y?
A: Though it is favorable, it is not applicable.
The judgment has aattained finality, is there is still a remedy against a sjudgment that has
become final? A: in a civil case, yes. In a crim case, yes. The remedy is a petition for Habeas
Corpus.
Q: when is a petition for HBeas corpus a remedy .
A: when a violation of a consti right results in a detention/ restraint of a person /2 the court has
no jurisdiction to impose the sentence/ 3. Penalty is excessive/ 4 when the result of a DNA
examination shows that the accused did not commit the crime.

Q: what does DNA stand for?

A: deoxyribonucleic acid. No two individuals have the same DNA except identical twins.
DNa evidence is useful to determine questions of paternity, identity of a person and to prove
the commission of a crime.
Q: may an accused be compled to provide a DNA sample from his own body?
A: Compulsory DNA testing will not violate the rigfht against self-incrimination since this applies
to testimonial evidence and not object evidence like DNA evidence.
Aresult of a DNA test that excludes the putative father, that is a conclusive evidence of non-
paternity.
Q: how does this[copy to ate luz lalalalalalala]
Helllllppppp stoooopppp huhuhuhu bells info overload ..
Do you need a court order to conduct an examination in this situation?
A: no, the accused is now serving sentence so the DNA examination without the court order
upon the request of the prosec, accused himself or counsel pvvded the ff requisites are present:
1. That there exists a DNA sample/2. That the DNA sample is relevant/3. That the result of the
DNA examination is likely to cause a modification or reversal of the judgment of conviction. So
we must have all this requisites.

The next step us the filing a petition for Habeas Corpus.

Q: with what court can this petition be filed?
A: it can be filed in the CA, SC but it may be filed at the court of origin.
Q: who can file the petition?
A: the accused may file the petition, but the prosecution may also file the petition.
Filed in the court of origin. There ewill be a hearing to prove the allegations in the petition if
dbased on the evidence presented, then the allegations are not true, dismiss the petition. If
theCourt finds the allegations true, the court will issue an order the granting of the accused
setting aside the order of conviction. I f the allegations in the petition is true, [lalalalalala]