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SM City Sta. Mesa 2.m4a

22 min · Tagalog · Transcribed 6 minutes ago

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00:00
... Ang FPC na-accept siya ng case or judge a case for which ang claim is P4M, di
ba it is outside the jurisdiction already under BP129 as amended. Ibig sabihin the
court acted with grave abuse of discretion and is capable of being questioned
under Rule 65 or grave abuse of discretion amounting to less than P4M."

00:33
... Additionally, we have discussed also in Rule 3 parties that the indispensable
parties all of them must be impleted because ano nga yung meaning nun? Balit
naman kayo kaniyari mag-unmute ka, Garma."

00:57
Q1. Bakit hindi valid yung judgment kapag wala yung indispensable party? Kasi
hindi po executory without the indispensable parties.

01:30
... A final judgment cannot be had. So as we have discussed earlier in Rule 3 that
without the indispensable party having been impleted, the judgment can never be
final and executory.

02:05
... Di ba na-discuss ko noong Monday, that there can be more judgments if there
are many issues raised during the course of the trial and that the court can
separately issue a judgment based on the issues presented. So yan lang siya.

02:29
... And then section 2, di ba na-discuss natin again before, the reglamentary
period to file a bill which is, what's the reglamentary period Mr. Bengua?"

03:06
... Under small claims. Anyway, yung recipient sa Monday, small claims. Yung tawag
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 dito, expedited procedure.

03:22
... So if the judgment has been rendered and no appeal has been taken from
under section 2 Rule 36, then the judgment shall be considered as final and
executed upon entry by the clerk of court, noong judgment.

03:47
... So it is incumbent upon the clerk of court to enter the judgment including the
dispositive portion, yung judgment sa book of judgment, entries of judgment.
Following so far?"

04:03
... So ano pa yung dulo? Book of judgment at...

04:09
... Book of entries of judgment.

... Sir pwede po pa ulit? Medyo mabilis po.

... Okay. So again, di ba we have the reglamentary period for the parties to
appeal? And if there is no appeal from the judgment and lumagpas na doon sa
reglamentary period to file an appeal, then it is incumbent upon the clerk of court
to...

04:45
... enter the judgment into the book of entries of judgment. And there, magiging
considered na siya as final and executory. And then, ang duty ng clerk of court is
to issue a certificate of finality certifying that the judgment is final and executory.

05:14
... Although hindi nangyayari in real life yun kasi sobrang tagal nila mag-issue ng
certificate of finality.

05:27
... Okay. Rule 37, new trial or reconsideration?

05:47
... So yung motion for new trial and motion for reconsideration, it must be filed
within the same reglamentary period of filing an appeal. So pasok ulit doon sa 15
days.

05:59
... So for the grounds of motion for new trial, number one, yung famine. I have
already discussed yun. Yung famine is fraud, accident, mistake and excusable
negligence.

06:23
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 ... It's just that yung famine, hindi siya yung basta famine lang. Section 1A requires
that yung famine na yun must impair the rights of the agreed party.

06:46
... So it must be kunyari yung fraud. It must be extrinsic fraud. Hindi siya pwede
yung niloko mo lang siya. So pwede itong example is kinausap ng lawyer yung
clerk para i-withhold yung notice o kaya yung judgment para hindi siya makapag-
file ng motion niya.

07:17
... So there must be an extrinsic fraud on the part of the party na additionally
impair the rights of the agreed party.

07:33
... And then second ground for motion for new trial is yung newly discovered
evidence. Itong evidence na ito hindi yung nahanap mo lang, kanyari nakaipit sa
papel tapos ngayon mo lang nakita.

07:51
... It requires that the newly discovered evidence cannot be found during trial with
reasonable diligence. So ito yung mga evidence na either not existing at the time
of the trial or even after reasonable diligence hindi mo mahala.

08:32
Additionally, yes Ms. Garma, it still cannot be found during the trial with reasonable
diligence. So kahit gaano kakahirap hanapin siya hindi siya nag-a-appear during
the trial.

08:52
... And additionally, yung newly discovered evidence na yun would probably alter
the result. Kasi paano kung collection case siya ng BEP tapos may nadiscover
kang DNA evidence. So walang kwenta di ba?

09:29
... So it must be required that the newly discovered evidence would probably,
there is a possibility that if it is presented it would probably alter the result.

10:06
... The grounds are, number one, ilagay nyo na lang yung mnemonic na I. So I,
yung evidence are insufficient. T, the decision is contrary to law. And then E, the
damages are excessive.

10:33
... So insufficient, excessive and contrary to law.

10:38
... Okay? Pero isa pa po. In fact, reconsideration yung ICE, yung new trial, yung
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 famine, wale. Take two.

10:55
... Yung grounds for new trial is yung nasa section 1 rule 37, yung A and B. Yung
fraud, accident, mistake, excusable negligence which would impair the rights of
the agreed parties.

11:13
... And yung newly discovered evidence which if presented would probably alter
the result. Okay? For motion for reconsideration, yung grounds nga, yung awards
are excessive, evidence are insufficient, and the decision is contrary to law.
Kawa?

11:37
... Pero isa pa po."

12:19
... So yun siya na merong fraud or accident or mistake or excusable negligence.
Ang difference lang noong famine at newly discovered evidence is yung alteration
of result. Sa famine kasi na-violate yung right ng agreed party.

12:37
... So kanyari hindi niya na-receive yung notice or order para mag-file siya ng pre-
trial brief. Di ba requirement yun, five days before pre-trial? Pano kung tinago mo
yung pre-trial brief? That would impair the rights of the agreed party.

12:56
... Dun sa newly discovered evidence, yun yung nawawalang evidence that if
presented, it would probably alter the result of the trial. So nangyayari ito po, DNA
evidence. Kanyari may nakitang dugo dun na hindi nakita dati. Okay?

13:25
... And for motion for reconsideration, ayun nga, yung grounds are masyadong
mataas yung damages, kulang yung evidence or the evidence is insufficient to
support the ruling, and finally the decision is contrary to law. Okay?

14:07
... Since motion for new trial and motion for reconsideration are both motions, it
must comply with Rule 15 that it must be in writing and that the opposing party
must be served with copies thereof.

14:37
... So it's not that there must be service on the part of the opposing party kasi as
we have discussed earlier, motions without proof of service shall not be
entertained by the court. Okay?

14:54
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 ... Additionally, for motion for new trial uang paragraph A, yung famine, kung
famine yung grounds mo, you must attach an Affidavit of Merit following. So yung
Affidavit of Merit kasi it states the nature and character of the fraud, accident,
mistake or excusable negligence.

15:36
... So when you are filing a motion for new trial kasi you cannot just merely state
na ay putangin na may fraud. The court will simply deny the motion because you
must clearly state the nature and character of fraud perpetrated by the other
party.

15:57
... So you must explain kung paano nagkaroon ng fraud. And yung surrounding
facts, so the nature and character of famine plus yung facts attending to the
circumstances and evidence. So tatlo.

16:15
... So if you are filing for a motion for new trial and your basis is under paragraph A,
section 1 of Rule 37 or the fraud, accident, mistake and excusable negligence.

16:45
... In addition that the motion should be in writing and serve to the opposing
party, it must include an Affidavit of Merit which states the nature and character of
the fraud, accident, mistake or excusable negligence and yung surrounding facts
and finally evidence to support your claim.

17:09
... And yung newly discovered evidence naman kung yun yung ground nyo, the
motion should be supported by Affidavit and other authenticated documents to
prove your ground.

17:32
... And finally, if you are filing for a motion for reconsideration, you must specify
kung ano yung mali. So if the award is excessive, you must state kung bakit siya
excessive, kung ano yung law na mali, ano yung evidence na hindi na taken
seriously.

18:17
... So basically bakit mali. So if na-grant naman yung motion for new trial, okay let
me file Ms. Gomez yung motion for new trial.

18:45
... Hala sir, di ko ano ako pag-review. Kaka-sabi ko lang shoota ka. For new trial?
Oo, kaka-discuss ko lang. Nawawala ako sir. Akra ka ng taon. Kelan? Oo, kelan
pinafile? No 15 days?
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 19:16
From? Kelan? 15 days from? From the? Miss Pilapil? Sir? 15 days from? Same ba
siya with the appeal sir? 15 days from notice? Of? Of judgment?

19:57
So, meaning there must be a judgment, di ba? Kasi nga yun. After notice of
judgment. Dapat may judgment na basically. So if the motion for new trial is
granted, the court will set aside the judgment.

20:25
Pabalik ka rin niya. And the court will grant a new trial. So uulitin lahat. Okay?
Ganoon rin. As compared sa motion for reconsideration, if na-grant yung motion
for reconsideration there will no longer be another set of trial.

20:54
It's just that the court will now set aside the judgment and impose a new ruling
based on the reconsideration. Yung grounds, kunyari, sinabi niya is contrary tuloy
yung ruling. Tapos na-reconsider ni judge sabihin niya, ay putangin na mali pala
yung judgment ko. Let me change it.

21:32
So basically, yung motion for reconsideration is yung gagawin niyo after finals.
Kapag bumagsak kaya sa subject ko. Okay?

21:51
Sir ano yung pabalik ka rin if mag-grant yung motion?

21:55
Yung reconsideration. Ang difference lang nila is yung motion for new trial, uulitin
lang yung trial from the top. There will be another set of presentation of evidence,
presentation of witnesses.

22:12
As compared sa reconsideration, iibanin lang yung ruling based on the errors of
law, kasi na-contrary to law. Kung yung awards are excessive, sobrang mahal. And
finally, kung kulang yung evidence.
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