Rule 53-New Trial
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1997 Rules on Civil Procedure 2001 Edition Rule 53 New Trial Rule 53 NEW TRIAL Q: What is the ground for new trial in CA? A: The ground for new trial is newly discovered evidence. (Section 1) Sec. 1. Period for filing; ground. - At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case, a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such a character as would probably change the result. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidence. (1a) The ground is newly discovered evidence similar to the second ground for new trial in the RTC (FAME). Fraud, accident, mistake – hindi kasali. Only newly discovered evidence is the ground under Rule 53. Q: Suppose the case is before the SC, can a party file a motion for new trial on the ground of newly discovered evidence before the SC under Rule 53 in a civil case? A: NO. The SC said in the case of NAVARRA vs. COURT OF APPEALS 204 SCRA 850 HELD: The Rules of Court allows only two (2) occasions where a party may file a motion for new trial on the ground of newly discovered evidence. That motion may be filed only with the trial court under Rule 37 or with the CA under Rule 53 BUT NEVER with the SC. “Time and again, We have stressed that the SC is not a trier of facts. It is not a function of the SC to analyze or weigh all over again the evidence already considered in the proceedings below. Its jurisdiction is limited to reviewing only errors of law that may have been committed by the lower courts.” If there would be a motion for new trial with the SC and it would be granted, you are converting the SC into a trial court. Sec. 2. Hearing and order. - The Court of Appeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking of further testimony, either orally in court, or by Lakas Atenista Ateneo de Davao University College of Law 132
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Transcript of Rule 53-New Trial
Date: November 25, 1997
1997 Rules on Civil Procedure
2001 Edition Rule 53
New Trial
Rule 53
NEW TRIAL
Q: What is the ground for new trial in CA?
A: The ground for new trial is newly discovered evidence. (Section 1)
Sec. 1. Period for filing; ground. - At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case, a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such a character as would probably change the result. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidence. (1a)
The ground is newly discovered evidence similar to the second ground for new trial in the RTC (FAME). Fraud, accident, mistake hindi kasali. Only newly discovered evidence is the ground under Rule 53.
Q: Suppose the case is before the SC, can a party file a motion for new trial on the ground of newly discovered evidence before the SC under Rule 53 in a civil case?
A: NO. The SC said in the case of
NAVARRA vs. COURT OF APPEALS
204 SCRA 850
HELD: The Rules of Court allows only two (2) occasions where a party may file a motion for new trial on the ground of newly discovered evidence. That motion may be filed only with the trial court under Rule 37 or with the CA under Rule 53 BUT NEVER with the SC.
Time and again, We have stressed that the SC is not a trier of facts. It is not a function of the SC to analyze or weigh all over again the evidence already considered in the proceedings below. Its jurisdiction is limited to reviewing only errors of law that may have been committed by the lower courts.
If there would be a motion for new trial with the SC and it would be granted, you are converting the SC into a trial court.
Sec. 2. Hearing and order. - The Court of Appeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking of further testimony, either orally in court, or by depositions, or render such other judgment as ought to be rendered upon such terms as it may deem just. (2a)
Sec. 3. Resolution of motion. - In the Court of Appeals, a motion for new trial shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. (n)
Sec. 4. Procedure in new trial. - Unless the court otherwise directs, the procedure in the new trial shall be the same as that granted by a Regional Trial Court. (3a)Q: If the motion for new trial is granted, can the CA conduct the new trial itself acting as a trial court?
A: YES, under section 4 and under the Judiciary Law particularly section 9, the CA can receive evidence and act as a trial court. That is why it is a powerful court.
BP 129, Section 9, last paragraph:
The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings.
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published byLAKAS ATENISTA 1997 1998: FOURTH YEAR: Anna Vanessa Angeles Glenda Buhion Joseph Martin Castillo Aaron Philip Cruz Pearly Joan Jayagan Anderson Lo
Yogie Martirizar Frecelyn Mejia Dorothy Montejo Rowena Panales Regina Sison
Ruby Teleron Marilou Timbol Maceste Uy Perla Vicencio Liberty Wong Jude Zamora Special Thanks to: Marissa Corrales and July Romena
SECOND YEAR: Jonalyn Adiong Emily Alio Karen Allones Joseph Apao
Melody Penelope Batu Gemma Betonio Rocky Cabarroguis Charina Cabrera
Marlon Cascuejo Mike Castaos Karen de Leon Cherry Frondozo Jude Fuentes Maila Ilao Ilai Llena Rocky Malaki Jenny Namoc Ines Papaya Jennifer Ramos Paisal Tanjili
LAKAS ATENISTA 20012002: REVISION COMMITTEE: Melissa Suarez Jessamyn Agustin Judee Uy Janice Joanne Torres Genie Salvania Pches Fernandez Riezl Locsin
Kenneth Lim Charles Concon Roy Acelar Francis Ampig Karen Cacabelos
Maying Dadula Hannah Examen Thea Guadalope Myra Montecalvo Paul Ongkingco Michael Pito Rod Quiachon Maya Quitain Rina Sacdalan Lyle Santos Joshua Tan Thaddeus Tuburan John Vera Cruz Mortmort
PAGE 133Lakas Atenista
Ateneo de Davao University College of Law
