Republic of the Philippines Regional Trial Court Branch ___, Manila
Juan Dela Cruz, Cruz, Plaintiff,
-versus –
Civil Case No. ______ For: Collection of Sum of Money
Juana Juana Dela Dela Cruz, Cruz, Defendant, x------------------------------------------x
MOTION FOR NEW TRIAL
COMES NOW, the defendant, through counsel, respectfully that: 1. The The judg judgme ment nt of of this this cour courtt in the the abo above ve-e -ent ntit itle led d case case was was ser serve ved d on him him on May 10, 2012, which was obtained by plaintiff through FRAUD; 2. Sinc Since e then then,, defe defend ndan ant, t, disc disco overe vered d new new evide evidenc nce, e, whic which h he coul could d not, not, with with reas reason onab able le dili dilige genc nce e have have disc discov over ered ed and and prod produc uced ed at the the tria triall and and if considered would alter the outcome of the case; The above-m above-menti entione oned d discovere discovered d evidence evidence consists in the following following,, to wit two letters stating that the said obligation has been paid including the interest set forth in the first f irst promissory note signed; 3.
That the affidavit affidavits s of X and Y(and/or Y(and/or,, the following following docume documents) nts) are attach attached ed heret hereto o as Anne Annexe xes s “A”, “A”, “B”, etc., etc., to substa substanti ntiate ate the aforem aforemen entio tioned ned newly-discovered evidence; 4.
5. That said newly-discovered evidence, if presented this case, would alter the result of the decision of the Honorable Court. WHEREFORE, defendant prays that the judgment in this case be set aside and a new trial be ordered for the reception of the newly-discovered evidence mentioned above. Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for. Manila, May 16, 2012.
Atty. ABC Counsel for the Defendant 36 P. Campa, Sta. Cruz, Manila IBP No.: 12345/020506/Manila PTR No.: 12345/020508/Manila Roll No.: 12345 MCLE No. III – 0019263-01-10-10
NOTICE OF HEARING To:
ATTY. CDE Counsel for the Plaintiff GREETINGS!
Please submit the foregoing MOTION FOR NEW TRIAL for the consideration and approval of the Honorable Court on May 20, 2012 at 9:00 in the morning.
ABC
VERIFICATION REPUBLIC OF THE PHILIPPINES ) CITY OF MANILA ) S. S.
I, Juana dela Cruz, of legal age, Filipino citizen, married, and resident of 12-B Marcelino St. Sta. Cruz, Manila, after having been duly sworn to in accordance with law do hereby depose and say: 1. That I am the defendant in the above- entitled case; 2. That I have caused the preparation of the foregoing Motion for New Trial and have read the allegations contained therein; 3. The allegations in the said complaint are true and correct of my own knowledge and authentic records. IN WITNESS WHEREOF, I have hereunto affixed my signature this 13 th day of May, 2012, in the City of Manila. Juana dela Cruz SUBSCRIBED AND SWORN to before me this 13 th day of May 2012, in the City of Manila, affiant exhibiting to me her Driver’s License No.: 12345 issued at LTO, Manila on December 16, 2011.
Atty. ABC Notary Public for Manila 36 P. Campa, Sta. Cruz, Manila Commision No. 12, Until December 12, 2012 IBP No.: 12345/020506/Manila
PTR No.: 12345/020508/Manila Roll No.: 12345 MCLE No. III – 0019263-01-10-10 Series No. of Commission M-123 Doc. No.: ___; Page No.: ___; Book No.:___; Series of 2012
CC: Atty. CDE Counsel of the Plaintiff 23 Hidalgo St. Sta. Cruz, Manila
EXPLANATION OF SERVICE Copy of the MOTION FOR NEW TRIAL was served to Plaintiff’s counsel by registered mail due to time and distance constraints, and for lack of the undersigned’s staff who can serve the same in person. ABC
