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.
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.
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.
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.
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- 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.