Does it mean that when a motion for new trial on the ground of newly discovered evidence is filed, the Court of Appeals will conduct a trial like what is being done in the trial courts?
Answer: Yes. In fact, the Rules of Court provide that the procedure in the new trial shall be the same as that granted by a Regional Trial Court, unless the court otherwise directs (Section 4, Rule 53). It further provides that the Court of Appeals may issue an order for the taking of further testimony, either orally in court or by depositions. (Section 2). In short, the Court of Appeals conducts trial like a trial court does.