NEW TRIAL OR RECONSIDERATION

Section 1. New trial or reconsideration. —

At any time before a judgment of conviction becomes final,
the court at its own instance with the consent of the accused, ;
or motion of the accused;
 the court may 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) The errors of law or irregularities prejudicial to the substantial

rights of the accused have been committed during the trial;

(b) The 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 which requires no further proceedings
errors fact in the judgment requires no further proceedings
Section 4. Form of motion and notice to the prosecutor.
The motion for a 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 a 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 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
allowed to be introduced, and the evidence already in the record shall
be taken together.
(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)
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