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  • Motion For Reconsideration Is Denied

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    Jo Devis
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    The document discusses various motions and appeals procedures in Philippine civil procedure. It notes that an order denying a motion for reconsideration is not appealable on its own. It outlines the grounds and procedures for filing a motion for new trial. The document also lists various types of judgements and orders that are not appealable, as well as errors that appellate courts can consider even if not assigned as errors on appeal. It discusses harmless error, docket fees, notice of appeal requirements, and contents of the record on appeal.

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    Motion for reconsideration is denied

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    The document discusses various motions and appeals procedures in Philippine civil procedure. It notes that an order denying a motion for reconsideration is not appealable on its own. It outlines the grounds and procedures for filing a motion for new trial. The document also lists various types of judgements and orders that are not appealable, as well as errors that appellate courts can consider even if not assigned as errors on appeal. It discusses harmless error, docket fees, notice of appeal requirements, and contents of the record on appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    116 views2 pages

    Motion For Reconsideration Is Denied

    Uploaded by

    Jo Devis
    The document discusses various motions and appeals procedures in Philippine civil procedure. It notes that an order denying a motion for reconsideration is not appealable on its own. It outlines the grounds and procedures for filing a motion for new trial. The document also lists various types of judgements and orders that are not appealable, as well as errors that appellate courts can consider even if not assigned as errors on appeal. It discusses harmless error, docket fees, notice of appeal requirements, and contents of the record on appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Motion for reconsideration is denied – The movant may appeal from the judgement or final order , not

    to appeal from the order denying the motion for reconsideration.

    An order denying a motion for reconsideration is not appealable.

    In all cases where the judgement or final order is not appealable the aggrieved party may file an
    appropriate special civil action under Rule 65. This is abandoned Starting Dec. 27, 2007.

    Motion for New Trial - remedy that seeks to temper the severity of the judgement or prevent a failure
    of justice.

     Prohibited motion under 1991 Revised Rule on Summary Procedure and small claims
     Shall be in writing, stating the ground or grounds therefor
     A written notice of which shall serve by the movant on the adverse party.

    Grounds for a motion for a new trial

    1. FAME which ordinary prudence cold not have guarded against by which such aggrieved party
    has probably impaired his rights
     Supported with affidavits of merit
    2. Newly Discovered evidence, which could not, with reasonable diligence, have discovered and
    produced at the trial, and which, if presented would probably alter the results.
     Affidavits of witnesses by whom such evidence is expected to be given
     Duly authenticated documents which are proposed to be introduce in evidence
     Discovered after trial
     Could not produce and discovered at the trial even with the exercise of reasonable
    diligence
     Material not merely corroborative, cumulative or impeaching
     The evidence is of such weight that it would probably change the judgment, if admitted.

    The motion shall be resolved within 30 days from the time submitted for resolution.

    If denied – Fresh rule, within 15 days, to appeal from judgement or order no to appeal in the motion for
    denial.

    If granted – Original judgment or final order shall be vacated and the action shall stand trial de novo.

    Second motion for new trial is allowed


    Second motion for reconsideration not allowed

    Judgements/orders not appealable


    1. An order denying a petition for relief or any similar motion seeking seeking relief from
    judgement
    2. Interlocutory order
    3. Order disallowing or dismissing an appeal
    4. Order denying a motion to set aside a judgment by consent, confession or compromise
    5. An order of execution
    6. A judgement/order for or against one or more several parties or in a separate claims,
    counterclaims, cross claims and third party complaints.
    7. Order dismissing an action without prejudice.

    Errors to be considered by the appellate court not assigned as error or raised on appeal provided the
    same falls on any of the following categories: (Section 8, Rule 51)

    1. Errors that affects jurisdiction of the subject matter


    2. Errors that affects validity of the judgment appealed from
    3. Errors which affects the validity of the proceedings
    4. Error closely related to or dependent on an assigned error, and probably argued in the brief
    5. It is plain and clerical error

    Harmless Error – errors committed by the trial court which does not affect the substantial rights of the
    parties and do not require the automatic reversal of the judgement of the lower court.

    Docket fees – Mandatory/Jurisdictional, non-payment of docket fees within the reglementary period is
    ground for the dismissal of an appeal. Discretionary dismissal not automatic.

    Notice of Appeal

     Indicate the parties to the appeal


     Specify the judgement or order or part thereof appealed from
     Specify the court to which the appeal is being taken
     State the material dates to which showing the timeliness of the appeal

    Record of an Appeal

     Full names of the parties


     Judgement or final order in which the appeal is to be taken

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