RULE 37MOTION FOR NEW TRIAL OR RECONSIDERATION

-filed within the period for taking an Appeal.

To WARRANT a new trial, the newly discovered evidence:1. Must have been discovered after trial2. Could not have been discovered and produced at the trial despite reasonable diligence3. If presented, would probably alter the result of the action

GROUNDS FOR MOTION FOR NEW TRIAL1. FAME which ordinary prudence could not have guarded against and by reason of which

such aggrieved party has probably been impaired in his rights.2. Newly discovered evidence w/c if presented would probably alter the result.3. Extrinsic or Collateral Fraud-fraud w/c prevents the aggrieved party from having a

trial or presenting his case to the court, or was used to procure the judgment without fair submission of the controversyIntrinsic Fraud-refers to acts of a party at the trial w/c prevented a fair and just determination of the case.Mistake-one w/c ordinary prudence could not have guarded against.Excusable Nealiaence-one w/c ordinary diligence and prudence could not have guarded against and by reason of w/c the rights of an aggrieved party have been probably impaired.

TEST of EXCUSABLE NEGLIGENCE-whether a party acted with ordinary prudence while transacting important business.

MNT-must be supported by affidavit of merits, w/c should state facts and not mere opinions or conclusions of law (required only i f the grounds relied upon are FAME)

AoM may be dispensed with if:a. Judgment is null and void (court has no jurisdiction over the defendant or subject

matter.b. Procedurally defective- Judgment by default was rendered before the reglamentary

period to answer had expired.c. Defendant was unreasonably deprived of his day in court.NB: AoM are required only in MNT not in M/R

PRO-FROMA MOTION- one w/c does not comply with the requirements under Rule 37. -pleading that has the form but no substance.Effect: Pro Forma Motion for new trial or reconsideration shall not toll the realementaru period of Appeal.

GROUNDS FOR MOTION FOR RECONSIDERATION (DED)1. Damages awarded are excessive2. Evidence is insufficient to justify the decision or final order3. Decision or final order is contrary to law.

-Court could modify or alter a judgment even after the same has been executory WHENEVER circumstances transpire rendering its decision unjust and inequitable

PERIOD TO RESOLVE MNT or M/R- “30 days” from the time it is submitted for resolution.

NB: There can be second motion for new trial but NO second Motion for Reconsideration (Reason: All litigation must come to an end at some point)

EFFECT of granting MNT: Original judgment/ final order be vacated and action shall stand for trial de novo.

-Relaxation of Rules of Court not possible if no valid justification.

EFFECT of order for PARTIAL NEW TRIAL: When less than all of the issues are ordered RETRIED, court may either (a) ENTER judgment or final order as to the rest (b) STAY the enforcement of such judgment or final order until after the new trial.

REMEDY: against order denying MNT or M/R -APPEAL FROM THE JUDGMENT OR FINAL ORDER

RULE 38RELIEF FROM JUDGMENTS ORDERS, OR OTHER PROCEEDINGS

Petition for Relief- is a legal remedy whereby a party seeks to set aside a judgment rendered against him by court whenever he was unjustly deprived of a hearing or was prevented from taking an Appeal in either case because of FAME.- In effect, it is a second opportunity for an aggrieved party to ask for new trial. (Sayman vs. CA)

PRFJ- Applicable to all kinds of Special ProceedingsIntestate Settlement, Guardianship Proceedings, Land Registration

When and How Filed: - a verified petition for relief must be filed w/in 60 days after petitioner learns of the judgment, final order, or “other proceeding” (includes an order or writ of execution, order dismissing an appeal) to be set aside and not more than 6 months after such judgment or final order has been entered or such proceeding has been taken.-must be accompanied with affidavit of merit alleging the grounds below.GROUNDS:

1. FAME (Heavy workload not a ground for excusable negligence (LBP vs. Eli GC Natividad. et a l )

2. Existence of a good and substantial cause of action or defense.

-ABSENCE of AoM is a fatal defect and warrants the denial of the petition.

Two periods for the filing of a petition for relief are not extendible and never interrupted1. 60 day period- reckoned from time party acquired knowledge of O/J/P2. 6-month period-computed from date of entry of order or judgment in the book of entries

NOT from the date of order of default or the rendition of finality of judgment.

REMEDY: Denial of Petition for Relief from Judgment (PRFJ) or an order disallowing or dismissing an appeal may only be challenged through Special Civil Action of Certiorari under Rule 65. (Cross Reference-Rule 41, Sec. 1 par b interlocutory, and last par of same rule)

Interlocutory: Petition for Relief from the order of Default, Order denying an M/R of the default order. (Not Appealable)-BUT an order seeking to set aside the order of default is final and therefore appealable

COURT ISSUES ODER TO FILE AN ANSWER-If PRFJ is sufficient in form and in substance, adverse parties file their answer within 15 days from the receipt thereof. (Order +copy of petition+AOM)-FAILURE to file an answer does not constitute DEFAULT, even w/out an answer, the court will still have to hear the petition and determine its merits.

2 HEARINGS IN A PETITION FOR RELIEF

1. Hearing to determine whether J/O/P should be set aside2. In the affirmative, hearing on the merits of the case.