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RECONSIDERATION
Rule 37
POST JUDGEMENT REMEDIES
• BEFORE a judgement becomes FINAL AND EXECUTORY the aggrieved party may
avail of the following remedies:
• AFTER a judgement becomes FINAL AND EXECUTORY the aggrieved party may
avail of the following remedies:
Fraud (extrinsic), accident, mistake (of fact The damages awarded are excessive
and not of law) or excusable negligence
which ordinary prudence could not have
guarded against and by reason of which
such aggrieved party has probably been
impaired in his rights;
Newly discovered evidence (Berry Rule), The evidence is insufficient to justify the
which he could not, with reasonable decision or final order;
diligence, have discovered and produced at
the trial, and which if presented would
probably alter the result
Second motion may be allowed so long as Second motion from the same party is
based on the grounds not existing or prohibited
available at the time the 1st motion was
made
If a new trial is granted, the original If the court finds that excessive damage has
judgement or final order is vacated. The been awarded, or that the judgement or
case stands for trial de novo and will be final order is contrary to evidence or law, it
tried anew. may amend such judgement or final order
accordingly
Available even on appeal but only on the Available against the judgements or final
ground of the newly discovered evidence orders of both the trial and the appellate
court
MOTION FOR RECONSIDERATION
CONTEMPLATED IN RULE 37 VS RULE 65
RULE 37 Rule 65
directed against a judgment or final order motion for reconsideration of interlocutory
order, which often precedes a petition for
certiorari under Rule 65
MOTION FOR RECONSIDERATION
• EXTRINSIC FRAUD
• type of fraud which has prevented a party from having a trial or from
presenting his case in court.
• INTRINSIC FRAUD
• based on the acts of a party in a litigation during the trial which did not
affect the presentation of the case, but did prevent the fair and just
determination of the case.
WHEN IS FRAUD A SUFFICIENT GROUND FOR
NEW TRIAL?
• The affidavits of merit must show the facts (not mere conclusions or opinions)
constituting the valid cause of action or defense which the movant may prove in
case a new trial is granted.
• Otherwise, if the complaint groundless or the defense is ineffective,
• A new trial would serve no purpose
HOW MUST A MOTION FOR NEW TRIAL BE
PROVED? – SEC. 2, RULE 26
• The motion shall be supported by: affidavits of the witnesses by whom such evidence
is expected to be given; and/or duly authenticated documents which are proposed to
be introduced in evidence.
• Non-compliance with this requirement would reduce the motion to a mere pro forma
motion.
AFFIDAVIT OF MERITS
• must show the facts (not mere conclusions or opinions) constituting the
valid cause of action or defense which the movant may prove in case a
new trial is granted
• Without the AFFIDAVIT OF MERITS, the motion for new trial is a mere
pro-forma motion
PRO-FORMA MOTION
• One which does not satisfy the requirements of the rules and will
be treated as a motion intended to delay the proceedings
• When less than all of the issues are ordered retried, the court
may either enter a judgment or final order as to the rest, or
stay the enforcement of such judgment or final order until
after the new trial
REMEDY WHEN MOTION IS DENIED
- SEC. 9, RULE 37