JUDICIAL AFFIDAVIT

RULE
(A.M. 12-8-8-SC)
 RATIONALE
 The reason for the adoption of the Rule is to
decongest the courts of cases and to reduce delays
in the disposition of cases.

 It is part of Philippine judicial campaign to reduce

trial period and to uphold efficient judicial system
 EFFECTIVITY
 The Judicial Affidavit Rule took effect on
January 1, 2013 following its publication in
two newspapers of general circulation not
later than September 15, 2012.
 IMPORTANCE OF JUDICIAL
AFFIDAVIT
 Judicial Affidavit shall take place the lengthy
direct testimonies of witnesses.

 It modifies the existing practice in the conduct of

trial and reception of evidence by doing away with
the usual oral examination of witnesses in a direct
examination.
 APPLICATION OF THE JUDICIAL
AFFIDAVIT RULE

 The rule shall apply to all actions,

proceedings, and incidents requiring the
reception of evidence before courts as
provided in Section 1of AM No. 12-8-8-SC
 APPLICATION OF JUDICIAL
AFFIDAVIT RULE TO CRIMINAL
CASES
 The Judicial Affidavit Rule Applies to criminal
cases where the maximum of the imposable penalty
does not exceed six (6) years. In other cases, the use
of judicial affidavits will now depend on the
accused. The Rule will apply irrespective of the
penalty involved, where the accused agrees to the
use of judicial affidavits.
 SUBMISSION OF JUDICIAL
AFFIDAVITS & EXHIBITS IN LIEU OF
DIRECT TESTIMONIES
 Section 2. (a) The parties shall file with the court and
serve on the adverse party, personally or by licensed
courier service, not later than five days before pre-trial or
preliminary conference or the scheduled hearing with
respect to motions and incidents, the following:
 SUBMISSION OF JUDICIAL
AFFIDAVITS & EXHIBITS IN LIEU OF
DIRECT TESTIMONIES
 (1) The judicial affidavits of their witnesses, which shall take the
place of such witnesses' direct testimonies; and
 (2) The parties' documentary or object evidence, if any, which
shall be attached to the judicial affidavits and marked as Exhibits
A, B, C, and so on in the case of the complainant or the plaintiff,
and as Exhibits 1, 2, 3, and so on in the case of the respondent or
the defendant.
 SUBMISSION OF JUDICIAL
AFFIDAVITS & EXHIBITS IN LIEU OF
DIRECT TESTIMONIES
 b) Should a party or a witness desire to keep the original
document or object evidence in his possession, he may, after the
same has been identified, marked as exhibit, and authenticated,
warrant in his judicial affidavit that the copy or reproduction
attached to such affidavit is a faithful copy or reproduction of
that original. In addition, the party or witness shall bring the
original document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or
pictures, failing which the latter shall not be admitted.
 CONTENTS OF JUDICIAL AFFIDAVIT

 The Judicial Affidavit shall be prepared in the

language known to the witness. If the affidavit is
not in English or Filipino, it shall be accompanied
by a translation in either language.
 CONTENTS OF JUDICIAL AFFIDAVIT
Judicial Affidavit shall contain the following:

 (a) The name, age, residence or business address, and occupation of the
witness;

 (b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being held;

 (c) A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability
for false testimony or perjury;
CONTENTS OF JUDICIAL AFFIDAVIT

 d) Questions asked of the witness and his corresponding answers,

consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts
upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues that the
case presents; and

(3) Identify the attached documentary and object evidence and

establish their authenticity in accordance with the Rules of Court;
 CONTENTS OF JUDICIAL AFFIDAVIT

 The Judicial Affidavit shall be signed by the witness over

his printed name.

 The Judicial Affidavit shall contain a jurat, with signature of

the notary public who administers the oath or an officer
who is authorized to administer the same.
 SWORN ATTESTATION OF THE
LAWYER
 The Judicial affidavit shall also contain a sworn
attestation at the end, executed by the lawyer who
conducted and supervised the examination, to the effect
that there was a faithful recording of the questions and
answers in the Judicial Affidavit and that there was no
coaching of the witness on what to answer.
EFFECT OF A FALSE ATTESTATION BY
THE LAWYER

 A false attestation shall subject the lawyer to

disciplinary action, including disbarment.
 EFFECT OF THE NON-COMPLIANCE
WITH THE ATTESTATION
REQUIREMENT
 A Judicial Affidavit which does not conform to the
attestation requirement shall not be admitted by the
court in evidence.
 EFFECTS OF FAILURE TO SUBMIT THE
JUDICIAL AFFIDAVITS AND EXHIBITS ON TIME

 A party who fails to submit the required judicial

affidavits and exhibits on time shall be deemed to
have waived their submission.
 Fine of not less than Php 1,000 nor more than Php
5,000, at the discretion of the court.
 REMEDY IN CASE OF LATE
SUBMISSION

 The failure of a party to submit a Judicial Affidavit

on time does not mean a permanent waiver to
submit the same. He is given another chance to do
so. The remedy is to move that the late submission
of the judicial affidavit be allowed.
 OFFER OF TESTIMONY IN JUDICIAL
AFFIDAVIT

 Instead of offering the oral testimony of the witness,

the party using the Judicial Affidavit of his witness
in place of a direct testimony, shall present such
affidavit and state the purpose of the testimony
contains therein at the start of the presentation of
the witness.
OBJECTIONS TO THE TESTIMONY IN
THE JUDICIAL AFFIDAVIT

 The presentation of the Judicial Affidavit and the

statement of the purpose of the testimony contained
therein will give the adverse party the opportunity
to object to the testimony.
 OBJECTIONS TO THE TESTIMONY IN
THE JUDICIAL AFFIDAVIT

The adverse party may, on the ground of inadmissibility,

move to:
 (a) disqualify the witness,
 (b) strike out his affidavit, or;
 (c) strike out any of the answers found in the Judicial
Affidavit.
OBJECTIONS TO THE TESTIMONY IN
THE JUDICIAL AFFIDAVIT

 The Court is required to promptly rule on the

motion of the adverse party. If it grants the motion,
any excluded answer shall be marked by placing the
same in brackets under the initials of the authorized
court personnel. The other party may, however,
make a tender of excluded evidence.
 APPEARANCE OF THE WITNESS AT
THE SCHEDULED HEARING

 The submission of Judicial Affidavit of the witness

and the attached exhibits does not exempt the
witness from appearing at the scheduled hearing.
The rule requires his appearance for the right of the
adverse party to cross-examination.
EFFECT OF FAILURE OF WITNESS TO APPEAR AT THE
SCHEDULED HEARING; FAILURE OF THE COUNSEL
TO APPEAR

 The court shall not consider the affidavit of any

witness who does not appear in the scheduled
hearing of the case as required.
 When there is a need for the issuance of
subpoena?

 A requesting party may avail himself of the

issuance of subpoena ad testificandum or duces
tecum if a witness unjustifiably declines to execute
a judicial affidavit or refuses or without just cause
to make the relevant books, documents, or other
things under his control available for copying
authentication, and eventual production in court.
 Oral offer and objections to exhibits

 A party shall immediately make an oral offer of

evidence of his documentary or object evidence, in
their chronological order, stating the purpose for
which he offers the particular exhibit. The offer
shall be made upon the termination of the testimony
of his last witness.
THANK YOU!