Practice question
A new trial is granted because genuinely newly discovered material evidence satisfies Rule 121. The accused argues that all original evidence must automatically be discarded, including evidence unaffected by any irregularity. What does Section 6(b) prescribe?
- Erase the entire original record in every new-trial case
- Treat only the new evidence as admissible by definition
- Deem the accused automatically acquitted
- Let the prior evidence stand and consider the newly discovered and other permitted evidence with it
- Require the complainant to decide which record survives
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
- https://lawphil.net/judjuris/juri2025/jul2025/gr_259589_2025.html — Fernando v. People, G.R. No. 259589, July 29, 2025, MAIN decision (newly discovered evidence and qualified recantation ground).
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