Post-judgment remedies Part 1

POST-JUDGMENT REMEDIES (Part 1)

These are notes on my YouTube video lecture on the same topic, which you can access here: 


Appeal periods:
- within 15 days – general rule
- within 30 days – record on appeal
- within 48 hours – habeas corpus


The 3 post-judgment remedies within the appeal period:
1) Motion for reconsideration
2) Motion for new trial
3) Appeal (by notice of appeal, by petition for review, appeal by certiorari a.k.a. petition for review on certiorari)

Motion for reconsideration

- 3 grounds (Rule 37)
a) Excessive damages
b) Evidence insufficient to justify decision
c) Decision or final order is contrary to law

Requisites:
- specify findings and conclusions that are contrary to law or not supported by evidence
- alleged errors must be substantiated
- notice of hearing is required

- Otherwise, pro forma, a mere scrap of paper.
- A motion for extension of time to file M/R is NOT allowed. If filed, will be considered pro forma.
- If M/R is granted, the court will render a new decision, and the old one will be vacated.
- May be a partial reconsideration.
- If M/R is denied, movant should appeal from the JUDGMENT, not from the order of denial.
- The order of denial cannot be the subject of a Rule 65 certiorari petition.
- Filing of M/R stops or tolls the running of the appeal period. Filed on 10th day from notice. Wait for the court to resolve the M/R.

- Fresh Period Rule, a.k.a. Neypes Rule
1. If a M/R is denied, the movant has a fresh period of 15 days from notice of denial within which to file an Appeal 

2. Applies to both civil and criminal cases.
3. Applies only to judicial proceedings.


Motion for new trial

- Filed within the appeal period
- Effect – it stops the running of the period to file an appeal

- 2 grounds

(a) FAME – fraud, accident, mistake, excusable neglect which ordinary prudence could not have guarded against and by reason of which the aggrieved party has probably been impaired in his rights
-Affidavit of merit

(b) Newly-discovered evidence which he could not, with reasonable diligence, have discovered and produced at the trial and which, if presented, would probably alter the result.
- Affidavits of witnesses who are expected to give such evidence, and/or

- Duly authenticated documents which are proposed to be introduced in evidence
- Affidavit of merit - facts showing that the movant has a meritorious defense, a good and substantial defense

Requisites for newly-discovered evidence
(1) Evidence discovered after trial
(2) Evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence
(3) Evidence is material, not merely cumulative, corroborative, or impeaching
(4) Evidence is of such weight that it would probably change the judgment if admitted.

Gross negligence of counsel
- Not a ground for new trial
- Not excusable neglect

Fresh period rule applies
- If Motion is denied, movant has fresh period of 15 days to file an appeal from the judgment, not from the order of denial
- Rule 65 petition for certiorari - Not allowed for an order denying a motion for new trial

Effect if new trial is granted
- Former judgment will be vacated; trial de novo shall be held for the new evidence; evidence already taken before shall still be considered if material and competent
- May be partial

Is second MNT allowed?
- Yes, unlike in M/R.
- Ground should be new; not existing or available when the first MNT was filed

In appealed cases
- allowed
- after appeal has been perfected with CA, and while the CA has jurisdiction over the case


All these for now. We will discuss Appeal in a separate video (see Part 2 of Post-Judgment Remedies).