![]() What is a pro forma motion for reconsideration?Ī motion without a notice of hearing is pro forma, a mere scrap of paper that does not toll the period to appeal, and upon expiration of the 15-day period, the questioned order or decision becomes final and executory. This is in addition to service on the public prosecutor who is the counsel of record of the State. If the accused appeals or moves for reconsideration, he should serve a copy of his pleading on the offended party himself if the latter is not represented by a private counsel. If the offended party appeals or moves for reconsideration, the accused is necessarily served a copy of the pleading through his counsel. Thus, any appeal or motion for reconsideration of the civil aspect of a decision in a criminal case must be served on the other real party in interest. The real parties in interest in the civil aspect of a decision are the offended party and the accused. The acquittal ends the work of the public prosecutor and the case is terminated as far as he is concerned. The public prosecutor has generally no interest in appealing the civil aspect of a decision acquitting the accused. ![]() Who may appeal or moved for reconsideration of the civil aspect of a decision in a criminal case? Who must be notified of the appeal or the motion for reconsideration?Įither the offended party or the accused may appeal the civil aspect of the judgment despite the acquittal of the accused. ![]() A judgment of acquittal is immediately final and executory and the prosecution cannot appeal the acquittal because of the constitutional prohibition against double jeopardy. 70895, May 30, 1986)Ĭan the prosecution appeal a judgment of acquittal? Such a motion may be filed only in cases pending with the Supreme Court as the court of last resort, which may in its sound discretion either grant or deny the extension requested. The rule shall be strictly enforced that no motion for extension of time to file a motion for reconsideration may be filed with the Metropolitan or Municipal Trial Courts, the Regional Trial Courts, and the Intermediate Appellate Court (RTCs). The first jeopardy is never terminated, since the original judgment is set aside and replaced with a new one.Ĭan you file a motion for extension to file a motion for reconsideration?.Because it is only granted upon motion of the accused.Why is the accused not subjected to double jeopardy when a reconsideration is granted? 14 of the Rule of Procedure for Small Claims Cases, a motion for reconsideration of a judgment is prohibited. Under Section 19(c) of the Revised Rules on Summary Procedure, a motion for reconsideration of a judgment is prohibited.Ģ. When the case is tried in the MTC under the Summary Rules. ![]() Is there an instance when a motion for reconsideration is prohibited?ġ. The original judgment shall be set aside or vacated and a new judgment rendered. What is the effect of the grant of the motion for reconsideration? Notice of the motion for reconsideration should be given to the prosecutor. The motion for a new trial or reconsideration shall be in writing and shall state the grounds on which it is based. What is the form required for a motion for reconsideration? The grant by the court of reconsideration should require no further proceedings, such as the taking of additional proof. The principle underlying this rule is to afford the trial court the opportunity to correct its own mistakes and to avoid unnecessary appeals from being taken.
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