Rule 121 of the Rules of Criminal Procedure deals with new trial In simple terms: Granting a new trial

trial resets the case partly or

and reconsideration — two legal remedies that allow an fully, depending on the reason. New judgment replaces the old
accused person to challenge or reopen a case before the one once the case is reviewed again.
judgment becomes final.
Summary in Plain View
Section 1. New Trial or Reconsideration What It When It What Happens
Before a conviction becomes final, the court can grant either: Remedy
Means Applies Next
• a new trial (a re-hearing or reopening of the case), or 1. Legal or
• a reconsideration (a request to review and change the Rehearing of procedural
judgment without holding a new trial). Trial proceedings
the case (in errors in original
This can happen either: New Trial partly redone; old
whole or in trial, or 2. Newly
judgment set aside
• Upon motion by the accused, or part) discovered
evidence
• On the court’s own initiative, but only if the accused agrees.
In simple terms: Before the judgment becomes final, the judge Review of Judge re-evaluates
Errors of law or
can reopen the case or recheck the decision if there’s good the records; no new
Reconsideration fact in the
reason—either because the accused requests it or agrees to it. judgment trial, but judgment
decision
itself may change
Section 2. Grounds for a New Trial
The court can allow a new trial for two main reasons: Rule 122 – Appeal
(a) If there were errors in law or irregularities during trial that
were unfair to the accused—for example, if the judge wrongly Section 1 – Who may appeal
admitted evidence or violated the accused’s rights. Anyone who is a party to the case (the accused or the
(b) If new evidence is discovered after the trial that: prosecution) may appeal a judgment or final order if they
• Couldn’t have been found earlier even with diligence, and disagree with it.
• Could change the judgment if presented. However, the accused cannot appeal if doing so would place
In simple terms: A new trial is allowed when the first trial was them in double jeopardy—that is, being tried or punished twice
unfair or if new, important evidence appears that could affect for the same offense.
the outcome. Example: If the accused has already been acquitted, the
prosecution generally cannot appeal because that would put
Section 3. Ground for Reconsideration the accused in double jeopardy.
A reconsideration is granted when the judge finds an error in the
judgment itself—whether an error of fact (wrong interpretation Section 2 – Where to appeal
of evidence) or error of law (wrong legal conclusion). This section tells you which court to bring the appeal to:
It doesn’t require a new trial—just a re-evaluation of the existing • From the MTC, MTCC, or MCTC → to the RTC.
record. • From the RTC → to the Court of Appeals or the Supreme
In simple terms: Reconsideration means asking the court to Court, depending on the law and case type.
recheck its decision because it may have misunderstood the • From the Court of Appeals → to the Supreme Court.
facts or the law, without bringing witnesses again.
Section 3 – How to appeal
Section 4. Form of Motion and Notice to the Prosecutor This section explains how an appeal should be filed, depending
A motion for new trial or reconsideration must: on the type of case.
1. Be in writing.
• (a) If you’re appealing a judgment from lower courts
2. State the specific grounds (reasons).
(like MTC) to the RTC, or from RTC acting as a trial court
3. If based on new evidence, attach:
to the CA, file a notice of appeal in the same court
o Affidavits (written sworn statements) of that decided the case and give a copy to your
witnesses, or
opponent.
o Certified copies of documents you want to
present. • (b) If you’re appealing a case that the RTC decided
Also, the prosecutor must be notified of this motion. on appeal (so it already came from a lower court), you
In simple terms: The request must be written, explain clearly the must file a petition for review under Rule 42 with the
Court of Appeals.
reason, attach proof if new evidence is being cited, and a copy
must be sent to the prosecutor. • (c) If the RTC gave a penalty of death, reclusion
perpetua, or life imprisonment, or a lesser penalty
Section 5. Hearing on Motion based on the same set of events, file a notice of
If the motion for a new trial involves questions of fact—for appeal (same as in paragraph a).
example, whether the new evidence is real or credible—the • (d) If the RTC imposed death penalty, you don’t have
court may hold a hearing to look into it. to file anything. The case automatically goes up to the
The judge may rely on affidavits (written statements) or call for Supreme Court for review.
live testimony if needed. • (e) All other appeals to the Supreme Court must be
In simple terms: The judge can call a short hearing to verify done by petition for review on certiorari under Rule 45.
factual issues about the motion, especially when new evidence
is being claimed. Section 4 – Publication of notice of appeal
If you can’t personally serve the notice of appeal to the other
Section 6. Effects of Granting a New Trial or Reconsideration party or their lawyer, you may serve it by registered mail or
Once the court grants a new trial or reconsideration, these are substituted service (following Rule 13).
the effects:
(a) If granted due to errors during trial, all parts of the trial Section 5 – Waiver of notice
affected by those errors are voided and redone. The judge may The party who won (the appellee) can waive receiving notice
allow new evidence for fairness. that an appeal has been filed.
(b) If granted due to new evidence, the previous evidence stays Even if no notice was given, the appeal might still be accepted
as is, and the newly discovered evidence is added to it and by the court if doing so is necessary for justice.
considered together.
(c) Either way, once a new trial or reconsideration is granted, Section 6 – When to appeal
the original judgment is canceled, and the court issues a new You must file an appeal within 15 days from the promulgation of
judgment after re-evaluating the case. the judgment (if the accused was present) or from notice of the
final order.
If you file a motion for new trial or reconsideration, the 15-day
period stops running. It resumes only when that motion is denied
and you receive notice of such denial. Appeal How to
From Court Notes
Goes To Appeal
Section 7 – Stenographic notes (transcripts)
When an appeal is filed: Metropolitan Regional Clerk transmits
File Notice of
Trial Court Trial Court records to RTC
• If the accused files it, the trial court tells the court (MTC) (RTC)
Appeal
within 5 days
stenographer to transcribe all his notes of the trial.
• If the prosecution files it, only the portions specified by
Regional
the court are transcribed. Municipal Trial File Notice of
Trial Court Same as above
The transcript must be certified correct and filed Court (MTC) Appeal
(RTC)
(original plus 4 copies).
If the death penalty was imposed, the stenographer must file the
transcript within 30 days—with no extension except if the Municipal Regional
File Notice of
Circuit Trial Trial Court Same as above
Supreme Court allows it for good reason. Appeal
Court (RTC)
Section 8 – Sending records to the appellate court
Within 5 days after the notice of appeal is filed, the trial court’s Regional Trial Court of
File Notice of
clerk must send the complete case records and notice to the Court (original Appeals
Appeal
appellate court’s clerk. jurisdiction) (CA)
The transcripts (original and 3 copies) go to the appellate court;
one copy stays with the trial court. Regional Trial Petition for
Court of For appeals on
Court Review
Appeals cases appealed
Section 9 – Appeal to the Regional Trial Court (appellate under Rule
(CA) from lower courts
When a case from a lower court (like MTC) is appealed to the jurisdiction) 42
RTC:
• (a) The clerk of court must send the case records to the Petition for Under Rule 45,
Court of Supreme
RTC within 5 days after the appeal is perfected. Review on except death
Appeals Court
Certiorari penalty cases
• (b) Once RTC receives the records, its clerk informs
both parties.
Automatic
• (c) Within 15 days from this notice, parties may submit Regional Trial
Supreme review (no
Supreme Court
written arguments (memoranda or briefs). The RTC Court (death automatically
Court notice
then decides the case based on the entire record and penalty cases) reviews these
needed)
the submitted memoranda or briefs.

Section 10 – Death penalty records Rule 126 (Search and Seizure)

If a trial court imposes death penalty, the case is automatically
reviewed by the Supreme Court. Section 1. Search warrant defined
The trial court must send the complete records to the Supreme A search warrant is a written order issued by a judge in the
Court within 5 days after 15 days from promulgation (or after name of the People of the Philippines. It authorizes a peace
denial of a motion for new trial/reconsideration). officer to look for and take specific personal property described
The transcripts must follow within 10 days after they are filed. in the warrant and bring it to court.
• In short, it’s permission from a court to search a place
Section 11 – Effect of appeal by one or more accused or person for evidence related to a crime.
This section clarifies what happens if only some of the accused
appeal. Section 2. Where to file the application for a search warrant
• (a) The appeal affects only those who appealed, You can apply for a search warrant in:
unless the decision also benefits the others. a) Any court within the area where the crime happened.
• (b) If the private complainant appeals only the civil b) For special or “compelling” reasons, you can apply in any
aspect (like damages), it does not affect the criminal court:
conviction or acquittal. • Within the same judicial region where the crime
• (c) Once an appeal is perfected, execution of the happened, or
judgment is suspended for the appellant (the one who • Within the judicial region where the warrant will be
appealed). enforced.
Once a criminal case is already filed, only the court
Section 12 – Withdrawal of appeal handling that case can issue the warrant.
Even if an appeal was already perfected (completed), the trial • This prevents "forum shopping," where someone looks
court may still allow the appellant to withdraw it as long as the for a judge most likely to grant approval.
case records have not yet been sent to the appellate court.
If allowed, the judgment becomes final. Section 3. What property can be searched and seized
If the case is already in the RTC (from a lower court) and the A search warrant can be used to seize personal property that is:
appellant wants to withdraw before the RTC renders its a) Subject of the crime itself (like illegal drugs or firearms);
judgment, the RTC may also allow it. Then the judgment of the b) Stolen or embezzled property, or things gained from a crime
lower court becomes final and is sent back there for execution. (profit, proceeds); or
c) Used or intended to be used to commit a crime (like tools or
Section 13 – Appointment of counsel de oficio (free lawyer on weapons).
appeal)
When an accused files a notice of appeal and is in jail, the clerk Section 4. Requirements before issuing a search warrant
of court must ask if they want a counsel de oficio (court- A judge can only issue a search warrant if these are met:
appointed lawyer) for the appeal. • There is probable cause (reasonable belief that a
The clerk must also note the accused’s response and forward crime was committed and evidence is present).
this certification to the appellate court with the case records.
• The warrant is for one specific offense only.
• The judge must personally evaluate the evidence by
examining under oath the complainant (the one
applying) and witnesses.
 • The place to be searched and items to be seized must • Example: A person arrested for drug selling may be
be specifically described, not general or vague. searched, and any drugs found in his pocket can be
• The warrant is valid anywhere in the Philippines. seized.

Section 5. Examination of complainant; record Section 14. Motion to quash search warrant or suppress
Before issuing the warrant, the judge must personally question evidence
the applicant and witnesses in detail, in writing and under oath. A person can ask the court to:
• These are called “searching questions and answers.” • Cancel (quash) the search warrant, or
• Their written statements and affidavits become part of • Suppress (exclude) the evidence obtained from it if it was
the official record to prove the judge personally unlawfully issued or executed.
verified the basis of probable cause. • If there’s already a criminal case, this motion is filed in the
same court hearing the case.
Section 6. Issuance and form of search warrant • If there’s no case yet, it’s filed in the court that issued the
If the judge is satisfied that probable cause exists based on the warrant.
application and testimony, the judge issues the search warrant If that court fails to act and another court later handles the
using the format prescribed by the Rules. criminal case, the new court decides the motion.
• This ensures uniformity and legality.
Section 7. Breaking doors or windows to execute a search Section Core Idea Purpose
If the officer executing the warrant is refused entry after
identifying himself and explaining his purpose, he can break Section Written court order
Defines search warrant
open doors, windows, or parts of the structure to carry out the 1 allowing lawful search
search.
• This, however, can only be done after announcing Section Where to file application Proper court jurisdiction
authority and being denied entry. 2 for warrant for applying for warrant

Section 8. Presence of witnesses during search

A search should be made: Section What property can be Limits seizure to crime-
• In the presence of the occupant or a member of his 3 seized related property
family, or
• If they’re absent, in the presence of two witnesses who Probable cause,
Section Conditions before
live in the same community and are of sufficient age specific offense, and
4 issuing warrant
detailed info
and sound judgment.
• This ensures transparency and prevents abuse by law
enforcers. Section Judge’s examination of Verify facts under oath
5 complainant before issuing warrant
Section 9. Time of search
Searches must usually be done during the daytime.
Judge issues warrant if
• However, if the affidavit says the items are on the Section Issuance and form of
probable cause is
person or in the place even at night, the judge can 6 warrant
satisfied
allow a nighttime search.

Section 10. Validity period of search warrant Allows forced entry

Section Breaking in if denied
after refusal to admit
A search warrant is valid for only 10 days from its date. 7 entry
officers
After that, it automatically becomes void—the officer can’t use
it anymore.
• This time limit prevents old or stale warrants from being Section Presence of witnesses Ensures transparency
misused. 8 during search and prevents abuse

Section 11. Receipt for property seized

After seizing property, the officer must: Generally daytime
Section Time when search can
unless specified
• Give a detailed receipt to the occupant or person present 9 be made
otherwise
during the search; or
• If that person is absent, leave a receipt in the place where Section Validity period of search Limits warrant
the items were found in the presence of two qualified 10 warrant effectiveness to 10 days
witnesses from the same area.
• This record prevents tampering or planting of evidence. Provides proof and
Section Receipt for seized
accountability for
Section 12. Delivery of property to court and inventory 11 property
seized items
(a) The officer must immediately deliver the seized items to the
judge who issued the warrant and submit an inventory (list)
Proper documentation
under oath. Section Delivery of property and
and handling of seized
(b) Within ten days after the warrant was issued, the judge must 12 inventory to court
items
check whether the officer has submitted the return and
followed proper procedure.
(c) The return and updates are filed in a search warrant logbook, Allows search for
Section Search without warrant
weapons or evidence
recording the date, results, and judge’s actions. 13 during lawful arrest
on arrested person
Failure to follow these steps is contempt of court, which can
result in penalties.
Procedure for
Section Motion to quash warrant
Section 13. Search incident to lawful arrest challenging unlawful
14 or suppress evidence
search or evidence
Even without a warrant, police can search a person lawfully
arrested and take items that:
• Could be used as weapons; or
• Are evidence related to the offense.