Dizon, Ray Allen

PAGE 26-29

MOTION FOR NEW TRIAL OR RECONSIDERATION

A party can avail of motion for reconsideration that has been adversely affected by
a final order, resolution, or decision of the Court rendered in an adjudicative proceeding,
within fifteen (15) days from receipt of a copy thereof. In order for Reconsideration to
prosper there are following grounds; a. The damages awarded are excessive; b. The
evidence is insufficient to justify the decision; c. The decision or final order is contrary to
law.

A party may move for new trial on the following grounds: a.

Fraud/Accident/Mistake/ Excusable Negligence (FAME); b. New and material evidence;
c. Errors of law prejudicial to the substantial rights of the accused have been committed
during the trial.

For newly discovered evidence to prosper there are certain requisites that must be
observed and these are:

A. The evidence must have been discovered after trial

B. Such evidence couldn’t have been discovered and produced at the trial even
with the exercise of reasonable diligence
C. The evidence is material, not merely cumulative, corroborative, or impeaching
D. The evidence must go into the merits, such that it would produce a different
result if admitted.

It must be a newly discovered and not newly created evidence.

RELIEF FROM JUDGEMENTS, ORDERS AND OTHER PROCEEDINGS

 A petition for relief from judgement must be filed within 60 days after petitioner
learns of the judgement, final order, or proceeding and within six (6) months from entry of
judgement or final order. When a judgment or final order is entered, or any other
proceeding is thereafter taken against a party in any court through fraud, accident,
mistake, or excusable negligence, he may file a petition in such court and in the same
case praying that the judgment, order or proceeding be set aside.

A petition for relief from judgment is an equitable remedy and is allowed only in
exceptional cases. It is not available if other remedies exist, such as a motion for new trial
or appeal.

ANNULMENT OF JUDGEMENTS OR FINAL ORDERS AND RESOLUTIONS

A petition for annulment of judgment is a remedy in equity so exceptional in nature

that it may be availed of only when other remedies are wanting, and only if the judgment,
final order or final resolution sought to be annulled was rendered by a court lacking
jurisdiction or through extrinsic fraud.

The law has thus instituted safeguards by limiting the grounds for the annulment
to lack of jurisdiction and extrinsic fraud, and that the party should show that the ordinary
remedies of new trial, appeal, petition for relief or other appropriate remedies are no
longer available through no fault of the petitioner. A petition for annulment that ignores or
disregards any of the safeguards cannot prosper.

PROVISIONAL REMEDIES

Provisional Remedies (ancillary/auxiliary)

Remedies such as attachment, preliminary injunction, receivership and delivery of

personal property may be available during the pendency of the action which may be
resorted to by a litigant to preserve and protect rights and interests therein pending
rendition, and for the purpose of ultimately affecting a final judgment in the case.
PROVISIONAL – constituting temporary measures availed of during the pendency of
the action.

ANCILLIARY – incidents in and dependent on the result of the main action.

(SECONDARY RELIEF)

PRELIMINARY INJUNCTION

It is a judicial writ, process or proceedings whereby a party is ordered to do or

refrain from doing a particular act, its purpose is to prevent continuous and irremediable
injury to the parties before their claims can be thoroughly studied and educated and to
preserve status quo - the last actual, peaceable, uncontested status which precedes the
pending controversy.
Prior notice is indispensable for the issuance of a writ of Preliminary Injunction
(PI) and Temporary Restraining Order (TRO).
Exception:
If the matter is of extreme urgency and the applicant may suffer injustice and
injury, the court may issue an ex parte TRO effective for only seventy-two (72)
hours from issuance, renewable after summary hearing for a period not
exceeding twenty (20) hours which includes the original 72 hours if previously
granted.

A writ of preliminary injunction may be issued upon the concurrence of the

following essential requisites, to wit: (a) the invasion of right sought to be protected is
material and substantial; (b) the right of the complainant is clear and unmistakable; and
(c) there is an urgent and paramount necessity for the writ to prevent serious damage.
While a clear showing of the right is necessary, its existence need not be conclusively
established. To be entitled to the writ, it is sufficient that the complainant shows that it has
an ostensible right to the final relief prayed for in his complaint.