"x x x.
New trial; newly-discovered evidence; requisites. Petitioners premise their motion for a new trial on the ground of newly-discovered evidence, i.e. Plaridel’s extrajudicial confession, executed with the assistance of Atty. Cirilo Tejoso, Jr., and the spot report of the police on Plaridel’s apprehension.
Newly discovered evidence refers to that which (a) is discovered after trial; (b) could not have been discovered and produced at the trial even with the exercise of reasonable diligence; (c) is material, not merely cumulative, corroborative or impeaching; and (d) is of such weight that it would probably change the judgment if admitted.
The most important requisite is that the evidence could not have been discovered and produced at the trial even with reasonable diligence; hence, the term “newly-discovered.” The confession of Plaridel does not meet this requisite. He participated in the trial before the RTC and even gave testimony as to his defense. It was only after he and petitioners had been convicted by the trial court that he absconded. Thus, the contention that his confession could not have been obtained during trial does not hold water. Reynante Tadeja, et al. v. People of the Philippines; G.R. No. 145336. February 20, 2013]
x x x."
