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    When a new trial is granted, the original judgment is set aside and a new judgment is rendered. Provisional remedies from civil cases, like attachment and temporary restraining orders, can be applied in criminal cases if there is a corresponding civil liability arising from the criminal offense. These provisional remedies can only be availed in a criminal case if the civil action has not been waived, reserved, or separately instituted, in which case they must be applied for in the separate civil action instead.

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    Effects of New Trial

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    new trial effect of

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    When a new trial is granted, the original judgment is set aside and a new judgment is rendered. Provisional remedies from civil cases, like attachment and temporary restraining orders, can be applied in criminal cases if there is a corresponding civil liability arising from the criminal offense. These provisional remedies can only be availed in a criminal case if the civil action has not been waived, reserved, or separately instituted, in which case they must be applied for in the separate civil action instead.

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    24 views1 page

    New Trial Effect of

    Uploaded by

    jaypunzalan
    When a new trial is granted, the original judgment is set aside and a new judgment is rendered. Provisional remedies from civil cases, like attachment and temporary restraining orders, can be applied in criminal cases if there is a corresponding civil liability arising from the criminal offense. These provisional remedies can only be availed in a criminal case if the civil action has not been waived, reserved, or separately instituted, in which case they must be applied for in the separate civil action instead.

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    of 1

    17. State the effect of the granting of a new trial.

    Are provisional or
    auxiliary remedies in civil actions applicable in criminal cases? If so,
    when may the plaintiff in a criminal action avail of said remedies?

    in all cases, when a new trial or reconsideration is granted, the


    original judgment shall be set aside or vacated and a new judgment
    shall be rendered accordingly.

    the provisional remedies in civil actions (attachment,


    garnishment, replevin, support pendente lite, receivership, notice of
    pendency, and temporary injunctions such as temporary restraining
    orders or preliminary injunctions), insofar as they are applicable, may
    be availed of in connection with the civil action deemed
    instituted with the criminal action.

    the provision remedies in civil action may be availed of by the plaintiff


    in a criminal action when the criminal action is one with a
    corresponding civil liability. if there is a civil liability, the civil action
    must be one arising from the offense charged and which is instituted
    in the said criminal action.

    hence, if the civil action has been waived, reserved or instituted


    separately, a provisional remedy may not be availed of in the criminal
    action. instead, the provisional remedy should be applied for in the
    separate civil action instituted.

    xxx

    - motion for new trial or reconsideration must be filed before the


    judgment of conviction becomes final. once final, pleas for new
    trial or reconsideration can no longer be entertained. must be filed
    within the reglementary period of 15 days from promulgation (to
    be resolved by the court within 10 calendar days from submission)

    Grounds for new trial


    1. that errors of law have been committed during the trial
    2. that irregularities prejudicial to the substantial rights of the
    accused have been committed during the trial
    3. that new and material evidence has been discovered

    Requisites for newly-discovered evidence


    1. the evidence must have been discovered after the trial
    2. it could not have been previously discovered and produced at
    the trial even with the exercise of reasonable diligence
    3. it is new and material evidence
    4. if introduced and admitted, it would probably change the
    judgment

    Grounds for reconsideration


    1. errors of law in the judgment which requires no further
    proceedings, and
    2. errors of fact in the judgment which also requires no further
    proceedings.

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