Report (Judicial Affidavit Rule)

8/12/2019 Report (Judicial Affidavit Rule)

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When is the Rule

effective?


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The Rule took effect on January 1, 2013.

However, in criminal cases without private

prosecutors, the Supreme Court allowed public

prosecutors in first- and second-level courts until

the end of 2013 to utilize the affidavits of thecomplainant and his witnesses prepared and

submitted in connection with the investigation

and filing of the Information in court. Publicprosecutors are required to fully comply with the

Rule by January 1, 2014.


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What are the reasons

for the issuance ofthe Rule?


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What is the scopeof application of

this rule?


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The applicability of this rule may refer to:

(a) the courts where the rule will apply;

(b) the kinds of cases or proceedings where the

rule will apply;

(c) the stage of the proceeding.


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all actions, proceedings, and incidents requiring

the reception of evidence.criminal cases in three situations, as follows: (1)

The maximum of the imposable penalty does

not exceed six years; (2) regardless of thepenalty involved, with respect to the civil aspect

of the actions, or (3) where the accused agrees

to the use of the Rule.

shall not apply to small claims cases underA.M. 08-8-7-SC.


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1. The Metropolitan Trial Courts, the Municipal

Trial Courts in Cities, the Municipal Trial Courts,

the Municipal Circuit Trial Courts.

2. ShariaCircuit Courts, ShariaDistrict Courts and

the ShariaAppellate Courts.

3. Regional Trial Courts.

4. Sandiganbayan.

5. Court of Tax Appeals.


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6. Court of Appeals.

7. Investigating officers and bodies authorized by

the Supreme Court to receive evidence,

including the Integrated Bar of the Philippine

(IBP).

8. Special courts and quasi-judicial bodies, whose

rules of procedure are subject to disapproval of

the Supreme Court, insofar as their existing rulesof procedure contravene the provisions of this

Rule.


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The parties shall serve on the adverse party

and file with the court not later than five days

before pre-trial or preliminary conference or thescheduled hearing with respect to motions and

incidents.


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This is the only portion of the Rule thatprovides a separate provision for criminal cases,

veering from the simultaneous filing of judicial

affidavits by the parties. The general rule isreiterated, but this time applicable only to the

prosecution, to submit the judicial affidavits of

its witnesses not later than five days before the

pre-trial, serving copies of the same upon the

accused.


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The complainant or public prosecutor shall

attach to the affidavits such documentary or

object evidence as he may have, marking them

as Exhibits A, B, C and so on. No further judicialaffidavit, documentary, or object evidence shall

be admitted at the trial.


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If the accused, on the other hand, desires to

be heard on his defense after receipt of thejudicial affidavits of the prosecution, he shallhave the option to submit his judicial affidavit aswell as those of his witnesses to the court within

ten days from receipt of such affidavits and servea copy of each on the public and privateprosecutor, including his documentary and objectevidence previously marked as Exhibits 1, 2, 3,and so on. These affidavits shall serve as directtestimonies of the accused and his witnesseswhen they appear before the court to testify.


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1. The name, age, residence or business address,and occupation of the witness;

2. The name and address of the lawyer whoconducts or supervises the examination of thewitness and the place where the examination isbeing held;

3. A statement that the witness is answering the

questions asked of him, fully conscious that hedoes so under oath, and that he may facecriminal liability for false testimony or perjury;


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4. Questions asked of the witness and his

corresponding answers, consecutively

numbered, that:(i) Show the circumstances under which the

witness acquired the facts upon which he

testifies;(ii) Elicit from him those facts which are relevant to

the issues that the case presents; and

(iii) Identify the attached documentary and objectevidence and establish their authenticity in

accordance with the Rules of Court;


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5. The signature of the witness over his printed

name;

6. A jurat with the signature of the notary public

who administers the oath or an officer who is

authorized by law to administer the same.

7. Attestation of the lawyer.


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Offer of Testimony

Under this rule, it provides that party

presenting the judicial affidavit of his witness in

place of direct testimony shall state the purpose

of such testimony at the start of the

presentation of the witness. This provision, in

relation to the enumerated required contents ofan affidavit, means that the purpose is NOT

required to be indicated in the judicial affidavit


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How does the opposing party make

objections?

Objection to a witness may take the form of: (a)

a disqualification from testifying; or (b) to a

specific question raised. Under the Rules of

Court, objection to a question propounded inthe course of the oral examination of a

witness shall be made as soon as the grounds

therefor shall become reasonably apparent(Rule 132, Sec. 36).


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The adverse party may move to disqualify

the witness or to strike out his affidavit or any ofthe answers found in it on ground of

inadmissibility. The court shall promptly rule on

the motion and, if granted, shall cause themarking of any excluded answer by placing it in

brackets under the initials of an authorized court

personnel, without prejudice to a tender of

excluded evidence under Section 40 of Rule 132

of the Rules of Court.


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Documentary and Object Evidence

under the Judicial Affidavit Rule

How should the party presenting the witnessidentify and mark documentary evidence?

The partiesdocumentary or object evidence,if any, which shall be attached to the judicial

affidavits and marked as Exhibits A, B, C, and soon in the case of the complainant or the plaintiff,and as Exhibits 1, 2, 3, and so on in the case ofthe respondent or the defendant.

How can the party or witness keep


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How can the party or witness keep

the original of the documentary or

object evidence?

1. Attach the document or evidence to the

judicial affidavit of the witness/es.

2. Bring the original during the pre-trial or

preliminary conference.


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Cross-examination and Re-Direct Examinationunder the Judicial Affidavit Rule

The adverse party shall have the right tocross-examine the witness on his judicial affidavitand on the exhibits attached to the same. The

party who presents the witness may also examinehim as on re-direct. In every case, the court shalltake active part in examining the witness todetermine his credibility as well as the truth of his

testimony and to elicit the answers that it needsfor resolving the issues.


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Resort to subpoena under the

Judicial Affidavit Rule

There is no need for a judicial affidavit if thewitness is called to testify through a subpoena. Ifthe government employee or official, or therequested witness, unjustifiably declines toexecute a judicial affidavit or refuses withoutjust cause to make the relevant books,

documents, or other things under his controlavailable for copying, authentication, andeventual production in court,


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the requesting party may avail himself of the

issuance of a subpoena ad testificandum or

duces tecum under Rule 21 of the Rules of

Court. The rules governing the issuance of a

subpoena to the witness in this case shall be thesame as when taking his deposition except that

the taking of a judicial affidavit shall be

understood to be ex parte.


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Failure to file judicial affidavit

A party who fails to submit the requiredjudicial affidavits and exhibits on time shall be

deemed to have waived their submission. The

Rule allows for an exception, provided thefollowing requirements are present:

a. It must be with leave of court. The court has

the discretion whether to allow it.

b. The delay must be for a valid reason.


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c. It would not unduly prejudice the opposing

party.

d. The defaulting party pays a fine of not less

than P1,000.00 nor more than P5,000.00, at

the discretion of the court.

e. It is availed only once.


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Failure to comply with required contents

The court shall not admit as evidence judicial

affidavits that do not conform to the content

requirements of Section 3 and the attestation

requirement of Section 4 above.


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Absence during the scheduled trial date

The court shall not consider the affidavit of

any witness who fails to appear at the

scheduled hearing of the case as required.

Counsel who fails to appear without valid causedespite notice shall be deemed to have waived

his clients right to confront by cross-

examination the witnesses there present.


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Documents

Report (Judicial Affidavit Rule)