Rule 121: New Trial or Reconsideration

This rule governs the circumstances and procedures for granting a new trial or
reconsideration in criminal cases in the Philippines.

Section 1 - New Trial or Reconsideration:

 Before a judgment of conviction becomes final, the court can grant a new trial or
reconsideration upon the motion of the accused or, with the accused's consent,
on its own initiative.

Section 2 - Grounds for a New Trial:

 A new trial can be granted on the following grounds:

 (a) Errors of law or irregularities occurred during the trial that prejudiced
the substantial rights of the accused.
 (b) New and material evidence has been discovered, which the accused
could not have reasonably discovered and presented during the trial, and
if introduced, it would likely change the judgment.

Section 3 - Ground for Reconsideration:

 Reconsideration can be granted if there are errors of law or fact in the judgment
that do not require further proceedings.

Section 4 - Form of Motion and Notice to the Prosecutor:

 The motion for new trial or reconsideration must be in writing and specify the
grounds. If it's based on newly discovered evidence, it must be supported by
affidavits of witnesses expected to provide such evidence or authenticated copies
of documents intended to be presented. Notice of the motion must be given to
the prosecutor.

Section 5 - Hearing on Motion:

 If the motion for new trial raises questions of fact, the court can hear evidence
through affidavits or other means.

Section 6 - Effects of Granting a New Trial or Reconsideration:

  When a new trial is granted due to errors of law or irregularities during the trial,
all affected proceedings and evidence are set aside and taken anew. Additional
evidence may be allowed.
 When a new trial is granted based on newly discovered evidence, the evidence
already presented remains, and the newly discovered evidence (along with any
other evidence deemed necessary) is considered together with the existing
evidence.
 In all cases when a new trial or reconsideration is granted, the original judgment
is vacated, and a new judgment is rendered accordingly.

Example: Let's say an individual was convicted of robbery based on eyewitness

testimony and circumstantial evidence. After the conviction, their defense attorney
discovers new surveillance footage that shows the accused was at a different location
during the robbery. The defense attorney files a motion for a new trial based on the
newly discovered evidence. If the court grants this motion, the trial will be conducted
again, considering both the old and new evidence, and a new judgment will be rendered
based on the combined evidence. If the new evidence convincingly proves the accused's
innocence, they may be acquitted in the new trial.

RULE 121 NEW TRIAL OR RECONSIDERATION

Section 1. New trial or reconsideration. —At any time before a judgment of conviction
becomes final, the court may, on motion of the accused or at its own instance but with the
consent of the accused, grant a new trial or reconsideration. (1a)

Section 2. Grounds for a new trial.—The court shall grant a new trial on any of the following
grounds: (a) That errors of law or irregularities prejudicial to the substantial rights of the accused
have been committed during the trial; (b) That new and material evidence has been discovered
which the accused could not with reasonable diligence have discovered and produced at the trial
and which if introduced and admitted would probably change the judgment. (2a)

Section 3. Ground for reconsideration.—The court shall grant reconsideration on the ground
of errors of law or fact in the judgment, which requires no further proceedings. (3a)

Section 4. Form of motion and notice to the prosecutor.—The motion for new trial or
reconsideration shall be in writing and shall state the grounds on which it is based. If based on a
newly-discovered evidence, the motion must be supported by affidavits of witnesses by whom
such evidence is expected to be given or by duly authenticated copies of documents which are
proposed to be introduced in evidence. Notice of the motion for new trial or reconsideration shall
be given to the prosecutor. (4a)
Section 5. Hearing on motion.—Where a motion for new trial calls for resolution of any
question of fact, the court may hear evidence thereon by affidavits or otherwise. (5a)

Section 6. Effects of granting a new trial or reconsideration.— The effects of granting a new
trial or reconsideration are the following: (a) When a new trial is granted on the ground of errors
of law or irregularities committed during the trial, all the proceedings and evidence affected
thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the
introduction of additional evidence. (b) When a new trial is granted on the ground of newly-
discovered evidence, the evidence already adduced shall stand and the newly-discovered and
such other evidence as the court may, in the interest of justice, allow to be introduced shall be
taken and considered together with the evidence already in the record. (c) In all cases, when the
court grants new trial or reconsideration, the original judgment shall be set aside or vacated and a
new judgment rendered accordingly. (6a)