MOTION FOR NEW TRIAL:

   New trial is a remedy that seeks to temper the severity of a judgment or prevent the failure of justice. 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. (Nemia Castro vs. Rosalyn Guevarra and Jamir Guevarra, G.R. No. 192737, April 25, 2012, MENDOZA, J.).