Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] When may the court grant a new trial or reconsideration? | At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration. (SEC. 1) |
| [2] Complete the following: SEC. 2. Grounds for a new trial.—The court shall grant a new trial on any of the following grounds: (a) That _________________ prejudicial to the substantial rights of the accused have been committed during the trial; (b) That ______________________ which the accused could not with ___________ have discovered and produced at the trial and which if introduced and admitted would probably change the judgment. | (a) That errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial; (b) That 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. |
| [3] Complete the following: SEC. 3. Ground for reconsideration.—The court shall grant reconsideration on the ground of __________________, which requires _______________. | SEC. 3. Ground for reconsideration.—The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings. |
| [4] If the motion for new trial or reconsideration is based on a newly-discovered evidence, what are required to support it? | The motion must be supported by (1) affidavits of witnesses by whom such evidence is expected to be given or (2) duly authenticated copies of documents which are proposed to be introduced in evidence. (SEC. 4) |
| [5] Complete the following: SEC. 5. Hearing on motion.—Where a motion for new trial calls for _______________, the court may hear evidence thereon by affidavits or otherwise. | SEC. 5. Hearing on motion.—Where a motion for new trial calls for resolution of any question of fact, the court may hear evidence thereon by affidavits or otherwise. |
| [6] What happens when a new trial is granted on the ground of errors of law or irregularities committed during the trial? | All the 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. (SEC. 6, a) |
| [7] What happens 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, in the interest of justice, allow to be introduced shall be taken and considered together with the evidence already in the record. (SEC. 6, b) |
| [8] In all cases, when the court grants new trial or reconsideration, what happens to the original judgment? | The original judgment shall be set aside or vacated and a new judgment rendered accordingly. (SEC. 6, c) |