Republic of the Philippines

Regional Trial Court

Branch ___, Manila

Juan Dela Cruz,

Plaintiff,

-versus – Civil Case No. ______

For: Collection of Sum of Money

Juana Dela Cruz,

Defendant,

x------------------------------------------x

MOTION FOR NEW TRIAL

COMES NOW, the defendant, through counsel, respectfully that:

1. The judgment of this court in the above-entitled case was served on him
on May 10, 2012, which was obtained by plaintiff through FRAUD;

2. Since then, defendant, discovered new evidence, which he could not,

with reasonable diligence have discovered and produced at the trial and if
considered would alter the outcome of the case;

3. The above-mentioned discovered evidence consists in the following, to

wit two letters stating that the said obligation has been paid including the interest
set forth in the first promissory note signed;

4. That the affidavits of X and Y(and/or, the following documents) are

attached hereto as Annexes “A”, “B”, etc., to substantiate the aforementioned
newly-discovered evidence;
 5. That said newly-discovered evidence, if presented this case, would alter
the result of the decision of the Honorable Court.

WHEREFORE, defendant prays that the judgment in this case be set aside
and a new trial be ordered for the reception of the newly-discovered evidence
mentioned above.

Other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

Manila, May 16, 2012.

Atty. ABC
Counsel for the Defendant
36 P. Campa, Sta. Cruz, Manila
IBP No.: 12345/020506/Manila
PTR No.: 12345/020508/Manila
Roll No.: 12345
MCLE No. III – 0019263-01-10-10

NOTICE OF HEARING

To: ATTY. CDE

Counsel for the Plaintiff

GREETINGS!

Please submit the foregoing MOTION FOR NEW TRIAL for the consideration and
approval of the Honorable Court on May 20, 2012 at 9:00 in the morning.

ABC
 VERIFICATION

REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S. S.

I, Juana dela Cruz, of legal age, Filipino citizen, married, and resident of 12-B
Marcelino St. Sta. Cruz, Manila, after having been duly sworn to in accordance with
law do hereby depose and say:

1. That I am the defendant in the above- entitled case;

2. That I have caused the preparation of the foregoing Motion for New Trial and
have read the allegations contained therein;

3. The allegations in the said complaint are true and correct of my own
knowledge and authentic records.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13th day of May,
2012, in the City of Manila.

Juana dela Cruz

SUBSCRIBED AND SWORN to before me this 13th day of May 2012, in the City of
Manila, affiant exhibiting to me her Driver’s License No.: 12345 issued at LTO,
Manila on December 16, 2011.

Atty. ABC
Notary Public for Manila
36 P. Campa, Sta. Cruz, Manila
Commision No. 12,
Until December 12, 2012
IBP No.: 12345/020506/Manila
 PTR No.: 12345/020508/Manila
Roll No.: 12345
MCLE No. III – 0019263-01-10-10
Series No. of Commission M-123

Doc. No.: ___;

Page No.: ___;
Book No.:___;
Series of 2012

CC: Atty. CDE

Counsel of the Plaintiff
23 Hidalgo St. Sta. Cruz, Manila

EXPLANATION OF SERVICE

Copy of the MOTION FOR NEW TRIAL was served to Plaintiff’s counsel by
registered mail due to time and distance constraints, and for lack of the
undersigned’s staff who can serve the same in person.

ABC