Reports of Cases Determined in the Supreme Court of the Philippines from (Volume 4) - Tapa blanda

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1907. Not illustrated. Excerpt: ... MOTION. 1. When an exception is taken to a judgment, and at the same time a motion is mode for a new trial, upon the grounds prescribed by the law of procedure if the bill of exceptions is not presented by the exceptant within the ten days following by reason of the failure of the judge to dispose of the motion for a new trial until long after its submission, this delay does not cause the right to an appeal to lapse, provided that the bill is filed within the ten days following the date of the adverse ruling of the court upon the motion for a new trial. Garcla vs. Ambler and Sweeney, p. 81. 2. Pendency of a motion for a new trial does not extend the time for perfecting appeal. U. S. vs. Trincio, p. 90. 3. Motion for new trial fails ipso facto if the judge neglects or fails to decide the same within the said fifteen days. Id. 4. Objections to the sufficiency of a complaint in a criminal cause. presented for the first time in the Supreme Court, will not be considered, and a motion for a rehearing based upon this ground will be denied. U. S. vs. Mack, p. 291. 5. The writ of mandamus can not be used to control the discretion of a judge or to compel him to decide a case or a motion pending before him in a particular way. Merchant vs. Del Rosario, p. 316. 6. A motion for a new trial, based upon newly discovered evidence, will not be granted unless the following conditions exist: (1) Tin-evidence must have been discovered since the trial; (2) it must be such that with the use of reasonable diligence on the part of the defendant it could not have been secured on the former trial: (3) it must be material and not merely collateral or cumulative or corroborative or impeaching; (4) it must be such as ought to produce a different result on the merits on another trial; ...