121 The motion for new trial or reconsideration shall be in writing and shall

state the grounds on which it is based.

A.) In Civ Cases v Crim Cases
If based on a newly-discovered evidence, the motion must be
B.) Grounds; Effect supported by affidavits of witnesses by whom such evidence is
expected to be given or by duly authenticated copies of documents
Grounds (sec2): which are proposed to be introduced in evidence.

a.) That errors of law or irregularities prejudicial to the Notice of the motion for new trial or reconsideration shall be given to
substantial rights of the accused have been committed the prosecutor.
during the trial

b.) The 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
Requisites:
When hearing of the motion is required (sec5)
A hearing shall be conducted when the motion for new trial calls for a
resolution of a question of fact. The court may hear evidence on the
motion by affidavits or otherwise.

a.) The evidence must have been discovered after the

trial 122

Who may appeal (sec1)

b.) It could not have been previously discovered and
produced at the trial even with the exercise of
Any party may appeal from a judgment or final order, unless the
reasonable diligence
accused will be placed in double jeopardy. (sec1)
c.) It is a new and material evidence
The accused may appeal from a judgment of conviction. But waives
the protection on prohibition of double jeopardy and runs the risk of
d.) If introduced and admitted, it would probably
being sentenced to a penalty higher than that imposed by the trial.
change the judgment
Where to appeal (sec2)

a.) RTC. In cases decided by the MetTC, MTC cities, MTC, or

Effects (sec6):
MCTC
a.) When a new trial is granted on the ground of
b.) CA or SC (in proper cases provided by law), in cases
errors of law or irregularities committed during the
decided by the RTC
trial, all the proceedings and evidence affected
thereby shall be set aside and taken anew. The
c.) SC. In cases decided by the CA
court may, in the interest of justice, allow the
introduction of additional evidence.
How to appeal (sec3)
b.) When new trial is granted on the ground of newly-
discovered evidence, the evidence already
a.) RTC, when the judgment appealed from is that of the MTC
adduced shall stand and the newly-discovered and
by notice of appeal filed with the court which rendered the
such other evidence as the court may, in the
judgment or final order appealed from and by serving a copy
interest of justice, allow to be introduced shall be
thereof upon the adverse party.
set aside or vacated and a new judgment
CA, when the judgment appealed from is that of the RTC in
rendered accordingly.
exercise of its original jurisdiction.

c.) In all cases, when the court grants new trial or

b.) CA, when the judgment appealed from is that of the RTC in
reconsideration, the original judgment shall be set
exercise of its appellate jurisdiction by filing a petition for
aside or vacated and a new judgment rendered
review with said court under Rule 42.
accordingly.
c.) CA, where the penalty imposed by the RTC is RP or LI, or
where a lesser penalty is imposed but for offenses
Grounds for reconsideration of judgment (sec3):
committed on the same occasion or which arose out of the
same occurrence that gave rise to the more serious offense
a.) Errors of law in the judgment which requires no further
for which the penalty for death, RP of LI is imposed, the
proceedings
appeal shall be by notice of appeal to the CA in accordance
b.) Errors of fact in the judgment which also requires no
with par. A of sec3 Rule 122
further proceedings
No appeal necessary in cases when the RTC imposed the
death penalty. The CA shall automatically review the
Form of motions; notice (sec4) judgment as provided in sec10 of Rule 122
When appeal is to be taken (sec6) Upon perfection of the appeal, the execution of the judgment
or final order appeal from shall be stayed as to the appealing
An appeal must be taken within 15 days from promulgation party. (sec 11c)
of subject or notice from the final order appealed from.

This period for perfecting an appeal shall be suspended from

the time a motion for new trial or reconsideration is filed until
notice of the order overruling the motion has been served
upon the accused or counsel at which time the balance of
the period begins to run.
Service of notice of appeal; waiver of notice
Notice of appeal should be served upon the adverse party or
his counsel by personal service. If this type of service cannot
be made, service may be done by registered mail or by
substituted service pursuant to sec. 7-8 of Rule 122. (sec. 4)
The appellee may waive his right to a notice that an appeal
has been taken. The appellate court may, in its discretion,
entertain an appeal notwithstanding failure to give such
notice if the interests of justice so require. (sec. 5)
Transmission of papers to appellate court upon appeal
(RTC)
Withdrawal of appeal
Notwithstanding perfection of the appeal, the RTC, MetTC,
MTC in cities, or MCTC, as the case may be, may allow the
appellant to withdraw his appeal before the record has been
forwarded by the clerk of court to the proper appellate court
as provided in sec8, in which case the judgment shall
become final.
The RTC may also in its discretion, allow the appellant from
the judgment of a MetTC, MTC in cities, MTC, or MCTC to
withdraw his appeal provided that a motion to that effect is
filed before rendition of the judgment of the court of oarigin
shall become final and the case shall be remanded to the
latter court for execution of the judgment. (sec. 12)
If the withdrawal is sought when the case is already on
appeal, the RTC may allow the appellant to withdraw his
appeal provided;

Within 5 days from the filing of the notice of appeal, the clerk a.) A motion to withdraw is filed
of court with whom the notice of appeal was filed must b.) The motion is filed before the RTC renders judgment on
transmit to the clerk of court of the appellate court the the appeal
complete record of the case, together with the said notice.
Note that, at this stage the court which allows the withdrawal
The original and three copies of the transcript of
is the RTC and the withdrawal is addressed to the sound
stenographic notes shall also be transmitted. A copy of the
discretion of the court. When the appeal is allowed to be
transcript shall remain in the lower court. (sec. 8)
withdrawn, the judgment of the court of origin will now
Appeal to the RTC; if appellate court is RTC become final and the case shall be remanded to the court of
origin will now become final and the case shall be remanded
to the court of origin for execution.
a.) Within 5 days from the perfection of the appeal, the
clerk of court shall transmit the original record to the
appropriate RTC

b.) Upon receipt of the complete record of the case,

transcripts and exhibits, the clerk of court of the RTC
shall notify the parties of such fact

c.) Within 15 days from the receipt of said notice, the

parties may submit memoranda or briefs or may be
required by the RTC to do so. After submission of such
memoranda or briefs, or upon the expiration of the
period to file the same, the RTC shall decide the case
on the basis of the entre record of the case and of such
memoranda or briefs as may have been filed.

Effect of appeal by any of several accused

An appeal taken by one or more of several accused shall not

affect those who did not appeal, except insofar as the
judgment of the appellate court is favorable and applicable to
the latter. (sec. 11a)

The benefits of this rule extends to all accused regardless of

whether they appealed or not.

The appeal of the offended party from the civil aspect shall
not affect the criminal aspect of judgment or order appealed
from. (sec. 11b)