This case has been cited 1 times or more.
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2005-03-08 |
PUNO, J. |
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| Petitioners anchor their motion on the ground of newly discovered evidence. Courts are generally reluctant in granting motions for new trial on the ground of newly discovered evidence for it is presumed that the moving party has had ample opportunity to prepare his case carefully and to secure all the necessary evidence before the trial. Such motions are treated with great caution due to the danger of perjury and the manifest injustice of allowing a party to allege that which may be the consequence of his own neglect to defeat an adverse judgment. Hence, the moving party is often required to rebut a presumption that the judgment is correct and that there has been a lack of due diligence, and to establish other facts essential to warrant the granting of a new trial on the ground of newly discovered evidence.[11] This Court has repeatedly held that before a new trial may be granted on the ground of newly discovered evidence, it must be shown (1) that the evidence was discovered after trial; (2) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; (3) that it is material, not merely cumulative, corroborative, or impeaching; and (4) the evidence is of such weight that it would probably change the judgment if admitted. If the alleged newly discovered evidence could have been very well presented during the trial with the exercise of reasonable diligence, the same cannot be considered newly discovered.[12] | |||||