When:
Grounds
How filed:
Contents
1) FAME
Fraud
Accident
Misktake
Excusable Negligence
FRAUD
-extrinsic or collareral
-refers to such acts that
prevents a party from
having a trial/presnting
his case
-refers to all kinds of
deception:
insidious machination,
manipulation
concelment
mirepresentation
that leads another party
to error
-does not include
INTRINSIC fraud- acts of
a pary at trial that
prevents fair detrmination
(perjury, falsification)
REQS:
1) Evidence is discovered after trial
2) such could not have been discovered and
produced at the trial with reasonable diligence
3) Evidence is material
-NOT cummulative
corroborative, or
impeaching,
and is of such weight that, if admitted,
could probably change the judgment
MISTAKE
Excusable Negligence
-unitentional
-excusable
act, omission,or error
omission to do something
arising from ignorance,
which a reasonable man would do
surprise, imposition, or
guided by those considerations
misplaced confidence
which ordinairaly regulate the conduct of human affiants,
-mistake of fact
- or the reasonable doing of something
not of law
which a prudent or reasonable man would not do
Ex. Failure to answer
- failure of party or counsel
he believed it was
EX. Non submission on time because of distance
unnecssary bec. Of a
travelled
compromise agreement
in writing
stating the ground/s,
written notice shall be served by movant on the adverse party
IF MNT - FAME
if MNT - NDE
supported by
-affidavits of witnesses by whom such evidence
is expected to be given or
-duly authenticated docs whicr are proposed to be
introduced
if MR
- should point out specifically
the findings/ Conclusions not supported by evidence or contrary to law
- making express reference to tesitimonial/documentary evidence or
provisions alleged to contrary to such findings or conclusions
IF NOT :
motion is consdiered
PRO FORMA MOTION
- it does not toll the regelementary period of appeal
- motion w/o notice of hearing and proof of service ---> has the same effect
IF MNT is filed, what ensues?
Court may either :
deny
if denied, another motion be filed,
if it is based on a ground
NOT EXISTING NOR AVAILABLE
when the first motion was filed
-OMR - it should include all grounds the availabe,
as those not included are deemed waived
NOT APPEALABLE
Periods resolving the motion
1) MTC/ RTC - 30 days from time it submitted for resolution
2) CA - 60 days after it declare it submiitted for resolution
3) SC - no period is prescribed
deny
-no 2nd MR is allowed of
J/ FO
- if subject is not J/FO
which does not dispose of the case completely
but leave something more to be done upon its merits,
2nd MR may be allowed
-2nd MR is a prohibited pleading
does not toll running of regelemetary pd
to file appeal