Philippine Bar review · Topic

New Trial or Reconsideration (Rule 121)

Explore New Trial or Reconsideration (Rule 121) in CRIMINAL PROCEDURE for the Philippine Bar. Browse subtopics and published practice questions, then take a…

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Practice questions

  1. Under Rule 121, when may the trial court grant the accused a new trial or reconsideration under its ordinary authority?
  2. Which is a ground for reconsideration under Rule 121, Section 3?
  3. When a motion for new trial relies on newly discovered evidence, what supporting materials does Rule 121 require?
  4. An accused knew before trial of a witness and could reasonably have obtained the testimony, but chose not to call the w…
  5. The accused seeks correction of an error of fact apparent from the existing record, and no additional proceeding is nee…
  6. After conviction, the only witness identifying the accused recants. Special circumstances supported by the record cast …
  7. A new trial is granted because genuinely newly discovered material evidence satisfies Rule 121. The accused argues that…
  8. Distinguish new trial from reconsideration under Rule 121.
  9. State the requirements for newly discovered evidence to justify a new trial, as reiterated in Fernando v. People.
  10. Explain the limited circumstances in which a witness's recantation may support a new trial under Fernando v. People.
  11. When the court initiates a Rule121 new trial itself before finality, whose consent does Section1 require?
  12. Under Rule121 Section4, must notice of the motion be given to the prosecutor?