Galedo, Abegail P.

512. GOLDEN GATE REALTY CORP. V. IAC

PETITIONER : GOLDEN GATE REALTY CORPORATION

RESPONDENT : INTERMEDIATE APPELLATE COURT, HON. ANTONIO DESCALLAR
DATE : July 31, 1987
PONENTE : GUTIERREZ, JR., J.
TOPIC : Preliminary Injunction

FACTS:

 Private respondent Atty. Eduardo Hernandez filed a petition for the execution of the probate of
holographic will of the late Herminia Montinola.
 Private respondent was named as one of the executor in the will and he filed an Urgent Motion for
appointment of Special Administrator. The court appointed Atty. Hernandez as the special
administrator.
 The only surviving sister of the deceased, Matilde Sanson, filed an opposition to the probate will
alleging that undue influence were exerted by Atty. Hernandez to the deceased.
 The court allowed the probate of the will. Petitioner appealed to CA which affirmed the RTC
decision.
 Petitioner filed a motion for new trial but was denied on the ground that the affidavit of merit
attached to the motion were executed to locate unnamed witnesses only after courts decision
was handed down.

ISSUE:

WON the motion for new trial a pro-forma motion not being in compliance with Sec. 1, Rule 53 of
the Rules of Court.

HELD:

 Sec. 1, Rule 53 of the ROC states that:

“Before a final order or judgment rendered by the Court of appeals becomes executory, a motion
for new trial may be filed on the ground of newly discovered evidence which could not have
been discovered prior to the trial in the court below by the exercise of the diligence and
which is of such a character as would probably change the result. The motion shall be
accompanied by affidavits showing the facts constituting the grounds therefor and the newly
discovered evidence.”

 The motion for new trial is not in substantial compliance with the requirements of the rules. Lone
affidavit of a witness already presented is not the newly discovered evidence contemplated under
Rule 53. The affidavits must state facts and not mere conclusions or opinions, otherwise they are
not valid. The affidavits are required to avoid waste of the court's time if the newly discovered
evidence turns out to be immaterial or of any evidentiary weight.
 The motion for new trial is intended only for delaying the proceeding and being a pro-forma
motion, it does not interrupt running of the period for appeal.
 Petition Is denied.