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RULE 37- NEW TRIAL OR

RECONSIDERATIONS

Sec. 6. Effect of granting of motion


for new trial

Sec. 1. Grounds of and period for


filing motion for new trial or reconsideration

Sec. 7. Partial new trial or


reconsideration

Garcia v. Court of Appeals, G.R.


No. 169005, January 28, 2013

Sec. 8. Effect of order for partial


new trial

Fraud

Sec. 9. Remedy against order


denying a motion for new trial or
reconsideration

Samonte v. Samonte, G.R.


No. L-40683, June 27, 1975
Palanca v. American Food,
G.R. No. L-22822, August 30,
1986

Jose v. Javellana, G.R. No.


158239, January 25, 2012
(Supra.)

Accident
NFD International v. Illescas,
G.R. No. 183054, September
29, 2010
Soloria v. De la Cruz, G.R.
No. L-20738, January 31,
1966

RULE 38- RELIEF FROM JUDGMENTS,


ORDERS, OR OTHER PROCEEDINGS
Sec. 1.Petition for relief from
judgment, order, or other proceedings
Samonte v. Naguiat, G.R. No.
165544, October 2, 2009
Ex. of other
proceedings- order of writ
of execution, order
dismissing an appeal

Mistake
Viking Industrial v. Court of
Appeals, G.R. No. 143794,
July 13, 2004
Building Care v. Macaraeg,
G.R. No. 198357, December
10, 2012 (Supra.)

Francisco v. Puno, G.R. No. L55694, October 23, 1981


Redea v. Court of Appeals,
G.R. No. 146611, February 6,
2007 (Supra.)
Spouses Dela Cruz v.
Spouses Andres, G.R. No.
161864, April 27, 2007

Excusable Negligence
Multi-Trans Agency v.
Oriental Assurance, G.R. no.
180817, June 23, 2009
Spouses Que v. Court of
Appeals, G.R. No. 150739,
August 18, 2005

Sec. 2. Petition for relief from


denial of appeal
Redea v. Court of Appeals,
G.R. No. 146611, February 6,
2007

Newly Discovered Evidence


Ybiernas v. Gabaldon, G.R.
No. 178925, June 1, 2011
Sec. 2. Contents of motion for new
trial or reconsideration and notice thereof

See: Section 7, Rule 38


Sec. 3. Time for filing petition;
contents and verification

Pangasinan Five Star Bus v.


Spouses Barredo, G.R. No.
152714, August 10, 2006
Tan v. Court of Appeals, G.R.
No. 130314, September 22,
1998 (Supra.)
Sec. 3. Action upon motion for new
trial or reconsideration

Madarang v. Spouses
Morales, G.R. No. 199283,
June 9, 2014
Sec. 4. Order to file an answer
Sec. 5. Preliminary injunction
pending proceedings
Mayuga v. Court of Appeals,
G.R. No. 123899, August 30,
1996

Sec. 4. Resolution of motion


trial

Sec. 5. Second motion for new


See: Sec. 8, Rule 15
Cleofas v. St. Peter Memorial
Park, G.R. No. 84905, February
1, 2000
Casalla v. People, G.R. No.
138855, October 29, 2002
University of the East v. UE
Employees Assoc., G.R. No.
179593, September 14, 2011
McBurnie v. Guanzon, G.R.
Nos. 178034, 178117, 18698485, October 17, 2013

filed

Sec. 6. Proceedings after answer is


Miraflor v. Hon. CarpioMorales, G.R. No. L-77568,
December 14, 1988

Sec. 7. Procedure where the denial


of an appeal is set aside