JUDICIAL AFFIDAVIT RULE

Coverage. The rule shall apply to all actions, proceedings, and incidents Important notes:
requiring the reception of evidence before:
 To be attached to the judicial affidavit are the documentary
1. The MTCs, RTC, Shari’a Courts, but shall not apply to small claims or object evidence which shall be marked accordingly. The
cases; originals thereof need not be attached. The party may keep
2. The Sandiganbayan, CTA, CA, Shari’a Appellate Courts; it after the exhibit has been identified, marked as an exhibit
3. The investigating officers and bodies authorized by the SC to receive and authenticated. There must however be a warrant that
evidence, including the IBP; the copy attached is a faithful copy or reproduction of the
4. The special courts and QJ bodies, whose rules of procedures are original.
subject to disapproval of the SC, insofar as their existing rules of  The originals are only required to be brought during
procedure contravene the provisions of this Rule.
preliminary conference for comparison with the attached
copy. Failure to do so will render the attached copy
Contents. A Judicial Affidavit shall be prepared in the language known to
the witness and if not in English or Filipino, accompanied by a translation in inadmissible.
English or Filipino, and shall contain the following:
 Applicability to criminal cases.
1. The name, age, residence or business address and occupation of the
witness; (1) Where the maximum of the imposable penalty does not
2. The name and address of the lawyer who conducts or supervises the exceed six years;
examination of the witness and the place where the examination is (2) Where the accused agrees to the use of judicial
being held; affidavits, irrespective of the penalty involved; or
3. A statement that the witness is answering the questions asked of him, (3) With respect to the civil aspect of the actions, whatever
fully and conscious that he does so under oath, and that he may face the penalties involved are.
criminal liability for false testimony or perjury;
4. Questions asked of the witness and his corresponding answers,  The prosecution shall submit the judicial affidavits of its
consecutively numbered that: witnesses not later than five days before the pre-trial
(preliminary conference in civil cases), serving copies if
a. Show the circumstances under which the witness
acquired the facts upon which he testifies; the same upon the accused.
b. Elicit from him those facts which are relevant to the  No further judicial affidavits or documentary or object
issues that the case presents; and evidence shall be admitted at the trial.
c. Identify the attached documentary and object evidence  If the accused desires to be heard on his defense after
and establish their authenticity in accordance with the receipt of the judicial affidavits of the prosecution, he shall
Rules of Court; (if not offered as authentic, identify only) have the option to submit his judicial affidavit as well as
5. The signature of the witness over his printed name; those of his witnesses to the court within ten days from
6. A jurat with the signature of the notary public who administers the receipt of such affidavits and serve a copy of each on the
oath or an officer who is authorized by law to administer the same. public and private prosecutor, including his documentary
and object evidence previously marked. These affidavits
shall serve as direct testimonies of the accused and his
7. Sworn attestation of the lawyer. –
witnesses.

a. The judicial affidavit shall contain a sworn attestation at the end,  Service. The filing shall be done not only personally bur
executed by the lawyer who conducted or supervised the examination also by licensed courier service. It did not mention service
of the witness, to the effect that: by mail.

(1) He faithfully recorded or caused to be recorded the questions he  Objection. After the presentation of the judicial affidavit
asked and the corresponding answers that the witness gave; and (by stating the purpose of the testimony at the start of
presentation of witness), the adverse party may object on
the ground of inadmissibility and may move to: disqualify
(2) Neither he nor any other person then present or assisting him the witness; strike out his affidavit, or strike out any of the
coached the witness regarding the latter's answers. answers found therein.

(b) A false attestation shall subject the lawyer mentioned to  The judge shall promptly rule upon the objection. The
disciplinary action, including disbarment. exception provided under Sec. 38 of Rule 132 is not
applicable therein.

Effect of failure to comply with the required affidavits and exhibits on  The court is not a mere passive entity that merely receives
time. The party shall be deemed to have waived his submission. The court evidence from the parties. The Rule integrates an element
may, however, allow only once the late submission of the same provided: of the inquisitorial system which allows court to have an
active role in the proceedings and in examining the witness
1. The delay is for a valid reason;
2. It would not unduly prejudice the opposing party; and to determine its credibility and elicit the answers that it
3. That public or private counsel responsible for their preparation and needs in resolving the case. Queries are not confined to
submissions pays a fine of not less than P1,000 nor more than P5,000. mere clarificatory questions.

Effect of failure to appear at the scheduled hearing of the case as  Subpoena. The witness referred to is a government
required. The court shall not consider the affidavits of the witness who fails employee, or official, or a requested witness who is neither
to appear at the hearing. Counsel who fails to appear without valid cause the witness of the adverse party nor a hostile witness.
despite notice shall be deemed to have waived his client’s right to confront
by cross-examination the witnesses there present.  Offer. Oral offer of documentary and object evidence,
piece by piece and in chronological order, shall be
Effect of failure to comply with the requirements of Sec. 3 & 4. The court immediately done upon termination of the testimony of his
shall not admit as evidence the affidavits. However, it may allow only once
last witness. Offer can be done by simply citing their
the subsequent submission of the compliant replacement affidavit before the
hearing or trial, provided: (same) markings dispensing with their description since the
documentary and object exhibits form part of the judicial
affidavits that describe and authenticates them.