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Motion for New Trial and Reconsideration (Rule 37) 6.
1. Motion for New Trial – It is an application for a relief requesting that the
judge set aside the judgment and order a new trial on the basis that the 7.
trial was improper or unfair due to specified prejudicial errors that
occurred.
2. Motion for Reconsideration – it is an application filed by the aggrieved 8.
party asking to set aside or reconsider a judgment, final order issued by the
court which is not supported or contrary to by law; or the findings is not
supported by evidence on record. 9.
3. Grounds and Period for Filing Motion for New Trial and Reconsideration –
Sec. 1, Rule 37 “Within the period for taking an appeal, the aggrieved party
may move the trial court to set aside the judgment or final order and grant
a new trial for one or more of the following causes materially affecting the
substantial rights of the said party:
a. Fraud, accident, mistake or excusable negligence which ordinary
prudence could not have guarded against and by reason of which 10.
such aggrieved party has probably been impaired in his rights; or
b. Newly discovered evidence, which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if
presented would probably alter the result. (Berry Rule)
Within the same period, the aggrieved party may also move for 11.
reconsideration upon the grounds that the damages awarded are
excessive, that the evidence is insufficient to justify the decision or final
order, or that the decision or final order is contrary to law.” 12.
4. Extrinsic Fraud – refers to any fraudulent act of the prevailing party in the
litigation which is committed outside of the trial of the case, whereby the
unsuccessful party has been prevented from exhibiting fully his case, by
fraud or deception practiced on him by his opponent. 13.
5. Accident – it is an event that takes place without one’s foresight or
expectation. An event that proceeded from an unknown cause; or is
unusual effect of a known cause and therefore, not expected.
Mistake – an incorrect belief held by someone concerned about a fact
involved in a transaction or a proceeding, or an incorrect opinion about the
law which governs the transaction of proceedings.
GR: Mistake of counsel binds the client.
XN: Where the lawyer’s gross negligence would result in the grave injustice
of depriving his client of the due process of law.
Excusable Negligence – Negligence is excusable where it is caused by
failure to receive notice of the action or trial, by genuine and excusable
mistake or miscalculation…
Requisites of Newly Discovered Evidence:
a. The evidence was discovered after trial
b. Such evidence could not have been discovered and produced at
the trial with reasonable diligence;
c. It is material, not merely cumulative, corroborative or impeaching,
and is of such weight that, if admitted, will probably change the
judgment.
Grounds for a Motion for Reconsideration:
a. The damages awarded are excessive;
b. That the evidence is insufficient to justify the decision or final
order; or
c. That the decision or final order is contrary to law.
Purpose of Motion for Reconsideration: To point out the findings and
conclusions of the decision which, in the movant’s view, are not supported
by law or evidence.
No motion for extension of time to file a motion for new trial or
reconsideration shall be allowed. – This means that, within 15 days from
notice of judgment, a party may file either an appeal of a motion for
reconsideration.
Requirements for the filing of a motion for new trial or reconsideration:
a. It must be in writing
b. Stating the ground or grounds therefor;
c. A written notice of which shall be served by the movant on the
adverse party.

14. How to prove motion for new trial? – a MNT shall be proved in the manner
provided for proof of motions.
15. Affidavit of merits – is a sworn written statement which states:
a. The nature or character of the fraud, accident, mistake or
excusable negligence on which the motion for new trial is based;
b. The facts constituting the movant’s good and substantial defense
or valid cause of action
c. The evidence which he intends to present if his motion is granted.
16. Effect of a pro forma motion – A pro forma motion for MNT or MR shall
not toll the reglementary period of appeal.
17. When is MR or MNT pro forma? – When it does not specify the findings or
conclusions in the judgment which are not supported by evidence or which
are contrary to law, making express reference to the pertinent evidence or
legal provisions.
18. Elements of pro forma MR:
a. It did not comply with a second motion for reconsideration;
b. It did not comply with the rule that the motion must specify the
findings and conclusions alleged to be contrary to law or not
supported by the evidence;
c. It failed to substantiate the alleged errors; or
d. It merely alleged that the decision in question was contrary to
law;
e. The adverse party was not given notice thereof.
19. There is no rule which prohibits the filing of a pro forma motion against an
interlocutory order as the prohibition applies only to a final resolution or
order of the court.
20. Actions of the court on the MNT or MR:
a. Set aside the judgment or final order and grant a new trial, upon
such terms as may be just;
b. May deny the motion; and
c. If the court finds that excessive damages have been awarded or
that the judgment or final order is contrary to the evidence or
law, it may amend such judgment or final order accordingly.
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21. When to resolve MNT? – MNT and MR shall be resolved within thirty days
from the time it is submitted for resolution.
22. Second Motion for New Trial – a second motion for new trial, based on a
ground not existing, nor available when the first motion was made, may be
filed within the time herein provided excluding the time during which the
first motion had been pending.
23. Single Motion Rule – ”No party shall be allowed a second motion for
reconsideration of a judgment or final order”.
a. XN: In cases of extraordinarily persuasive reasons such as when
the decision is a patent nullity.
24. Effect of granting a motion for new trial:
a. The original judgment or final order shall be vacated;
b. The action shall stand for trial de novo; but
c. The recorded evidence taken upon the former trial, in so far as
the same is material and competent to establish the issues, shall
be used at the new trial without retaking the same.
25. Partial new trial or reconsideration – if the grounds for a motion under this
Rule appear to the court to affect the issues as to only a part or less than
all of the matter in controversy, or only one, or less than all, of the parties
to it, the court may order a new trial or grant reconsideration as to such
issues if severable without interfering with the judgment or final order
upon the rest.
26. Effects of order of partial new trial – When less than all of the issues are
ordered retried, the court may either:
a. Enter a judgment or final order as to the rest; or
b. Stay the enforcement of such judgment or final order until after
the new trial.
27. Remedy in case of an order denying MNT or MR – an order denying MNT
or MR is not appealable, the remedy being an appeal from the judgment or
final order.