4/20/2021 E-Library - Information At Your Fingertips: Printer Friendly pertaining to a person's status is never barred by res judicata. Thus, the rulings below would simply force Edna to refile the petition, clogging the trial court's docket and wasting the time of both parties. Issue Should the case be remanded to the trial court for reception of additional evidence? Ruling We grant the petition. Rule 37, Section 1 of the Rules of Court sets forth the grounds for a motion for new trial, viz: Section 1. Grounds of and period for filing motion for new trial or reconsideration. — Within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party: (a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights; or (b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result. Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law. (1a) (Emphasis supplied) For the court to grant a new trial on ground of newly discovered evidence, the following requirements must be met: (1) the evidence was discovered after trial; (2) such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; (3) 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 presented during the trial with the exercise of reasonable diligence, it cannot be considered newly discovered.[22] We find the first and second requirements sorely missing. Here, Edna herself did not deny, as she in fact admitted that the second Divorce Report was already existing during the proceedings below. To be sure, Katsuhiro allegedly married Tsukiko as early as May 30, 2001. If this were true, she should have promptly secured and presented a copy of the document during the trial. The Divorce Report could not therefore be deemed as newly discovered evidence. More so, since the trial https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66091 5/11