Grounds for Motion for New Trial (MNT)

One or more of the following causes materially affecting the substantial rights of said party:
1. Fraud,

 fraudulent scheme executed outside of the trial by the prevailing party against the losing
party, who,

accident,

mistake or

 mistake of fact or mistake of law made in good faith by the defendant who was misled
in the case.

excusable negligence

 It must be one that is imputable to the party.

(a) Ordinary prudence could not have guarded against, and

(b) By reason of which such aggrieved party has probably been impaired in his rights.

2. Newly discovered evidence

(a)  It was discovered after the trial, or

(b)  It could not have been discovered and produced at the trial even with the

exercise of reasonable diligence; and

(c)  The evidence is of such weight that if admitted, would probably alter the

result of the action; and

(d)  It must be material and not merely collateral, cumulative, or corroborative.

[Sec. 1, Rule 37]

Grounds for Motion for Reconsideration

1. Damages awarded are excessive;

2. Evidence is insufficient to justify the decision or final order; or
3. Decision or final order is contrary to law
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The motion shall be:

1. Made in writing,

2. Stating the ground or grounds therefor, and

3. A written notice of which shall be served by the movant on the adverse party.

An MNT shall be proved in the manner provided for proof of motions.

1. A motion based on FAME - supported by affidavits of merits which may be rebutted by

affidavits.

2. A motion based on newly-discovered evidence - supported by affidavits of the

witnesses by whom such evidence is expected to be given, or by duly authenticated
documents which are proposed to be introduced in evidence

Which aggravates a crime or makes it greater than when it was committed

(4.)   Which changes the punishment and inflicts a greater punishment than the law
annexed to the crime when it was committed;