"x x x.
The Court deems the grant of new trial without legal basis. Sections 1 and 6 of Rule 37 of the Rules of Court read:
SECTION 1. Grounds of and period for filing motion for new trial. – 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:
xxxx xxxx xxxx xxxx
(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.
xxxx xxxx xxxx xxxx
SEC. 6. Effect of granting of motion for new trial. – If a new trial is granted in accordance with the provisions of this Rule, the original judgment or final order shall be vacated, and the action shall stand for trial de novo xxxx.
New trial is a remedy that seeks to temper the severity of a judgment or prevent the failure of justice.[28] The effect of an order granting a new trial is to wipe out the previous adjudication so that the case may be tried de novo for the purpose of rendering a judgment in accordance with law, taking into consideration the evidence to be presented during the second trial. Consequently, a motion for new trial is proper only after the rendition or promulgation of a judgment or issuance of a final order. A motion for new trial is only available when relief is sought against a judgment and the judgment is not yet final.[29] Verily, in the case at bench, the filing by Spouses Guevarra of a motion for new trial was premature and uncalled for because a decision has yet to be rendered by the trial court in Civil Case No. 2187-00. Let it be underscored that the December 22, 2003 Decision of Judge Español was effectively set aside by theDecember 15, 2004 Omnibus Order of Judge Mangrobang. Hence, there is technically no judgment which can be the subject of a motion for new trial.
x x x."
