Case Summary (G.R. No. 25072)
Motion for New Trial: Distinction and Procedure
- A litigant who has lost a case may file two separate motions for a new trial: one based on newly discovered evidence and another on formal grounds.
- The first motion does not need to be combined with the second; they can be submitted sequentially.
- The court must address the motion for newly discovered evidence before the litigant submits the formal motion for a new trial.
Suspension of Time for Filing Subsequent Motions
- The time period for filing a second motion for a new trial is suspended while the first motion is under advisement by the judge.
- Specifically, the duration during which the judge considers the first motion must be deducted from the statutory time allowed for the second motion.
- This ensures that the litigant is not unfairly penalized by the time taken for the court to deliberate on the first motion.
Case Background and Procedural History
- The San Miguel Brewery filed a civil action against Domingo Legarda to recover the value of twenty ammonia tubes, resulting in a judgment in favor of the Brewery.
- After the judgment was notified to Legarda, he discovered receipts indicating he had delivered the tubes, prompting him to file a motion for a new trial based on this newly discovered evidence.
- The initial motion was denied, and a subsequent formal motion for a new trial was filed, which was also denied.
Court's Rationale and Decision
- The court determined that the petitioner (Legarda) was entitled to have his bill of exceptions signed, as the motions were based on different grounds.
- The judge's belief that only one motion for a new trial could be filed was incorrect; the law allows for separate motions based on distinct grounds.
- The court concluded that the time for filing the second motion was properly calculated, taking into account the suspension of t...continue reading