C) It is MATERIAL, not merely cumulative/corroborative/impeaching

When is evidence considered

to be material?
It is material if there is reasonable
likelihood that the testimony or
evidence could have been produced a
different result and the accused would
have been acquitted.

D) Is of such weight that it would probably change the

judgment if admitted.

CASE: People vs. Alfaro (2003)

What is RECANTATION? Is it a ground

for New Trial?
A recantation is the renunciation
or formal and public withdrawal of
a prior statement of a witness.
No. It is not a ground for new trial

EXCEPTION TO THE RULE:

when aside from the testimony of the
retracting witness, there is no other
evidence to support the conviction of the
accused. In this case, the retraction by the
sole witness creates a doubt in the mind of
the judge as to the guilt of the accused. A
new trial may be granted.

CASE: People vs. Bocar

DISTINGUISH
BETWEEN
AFFIDAVIT OF DESISTANCE
RECANTATION
A witness who previously
gave
a
testimony
subsequently declares that
his statement were not true.

RECANTATION

AND

AFFIDAVIT OF
DESISTANCE
The complainant states that
he didnt really intend to
institute the case and he is
no longer interested in
testifying or prosecuting.
It is only a ground for
dismissing the case only if
the prosecution can no
longer prove the guilt of the
accused beyond reasonable
doubt without the testimony
of the offended party.

Other GROUNDS not provided in the statute:

Negligence or incompetency of counsel or

mistake,
Improvident plea of guilty which may be
withdrawn;
Disqualification of attorney de officio to
represent accused for trial,
Interest of justice.

SECTION 3. Grounds for

reconsideration:
The ONLY GROUNDS for Motion for
Reconsideration:

Errors of law
Errors of fact in judgment