Report (Judicial Affidavit Rule)

When is the Rule effective?

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 the complainant and his witnesses prepared and submitted in connection with the investigation and filing of the Information in court. Public prosecutors are required to fully comply with the Rule by January 1, 2014.

What are the reasons for the issuance of the Rule?

What is the scope of application of this rule?

The applicability of this rule may refer refer to: (a) the courts courts where where the rule rule will apply; apply; (b) the kinds of cases or proceedings proceedings where where the rule will apply; (c) the sta stage ge of the the procee proceeding ding..

►all

actions, proceedings, and incidents requiring the reception of evidence.

►criminal

cases in three situations, as follo follows: ws: (1) The maximum of the imposable penalty does not exceed six years; (2) regardless of the penalty 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 under A.M. 08-8-7-SC. ►

1. The Metro Metropolitan politan Trial Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts. 2. Shari’a Circuit Courts, Shari’a District Courts and the Shari’a Appellate Courts. 3. Regional Trial Courts. 4. Sandiganbay Sandiganbayan. an. 5. Court of Tax Appeals.

6. Court of Appeals. 7. Investigating Investigating officers and bodies authorized a uthorized by the Supreme Court to receive evidence, evidence, including the th e Integrated Integrated Bar of the Philippine (IBP). 8. Special courts and quasi-judicial bodies, whose rules of procedur procedure e are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene contravene the provisions p rovisions of this Rule.

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 the scheduled hearing with respect to motions and incidents.

This is the only portion of the Rule that provides a separate provision for criminal cases, veering from the simultaneous filing of judicial affidavits by the parties. The general rule is reiterated, 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.

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 judicial affidavit, documentary, or object evidence shall be admitted at the trial.

If the accused, on the other hand, desires to be heard on his defense after receipt of the  judicial affida affidavits vits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify.

1. The name name,, age, age, re resid sidence ence or busi business ness addr address ess,, and occupation of the witness; 2. The name and address of the lawyer who conducts or supervises the examination examination of the witness and the place where the examination is being held; 3. A statement statement that the witness w itness is answering the t he questions asked of him, fully conscious that he he does so under oath, and that he may face face criminal liability for false false testimony testimony or perjury; p erjury;

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 f rom him those facts which are relevant relevant to the issues that the case presents; and (iii) Identify the att attached ached documentary and object evidence and establish their authenticity in accordance with the Rules of Court;

5. The signature of the witness witn ess over his printed name; 6. A jurat with the signature of the notary n otary public who administers the oath or an officer who is authorized by law to administer the same. 7. Attestation of the lawyer.

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 of an affidavit, means that the purpose is NOT required to be indicated in the judicial affidavit

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 in the course of the oral examination of a witness shall be made as soon as the grounds therefor theref or shall become reasonably apparent (Rule 132, Sec. 36).

The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the marking 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.

Documentary and Object Evidence under the Judicial Affidavit Rule How should the party presenting the witness identify and mark documentary evidence?

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 th e defendant.

How can the party or witness keep the original of the documentary or object evidence? 1. Attac ach h the doc docume ument nt or or evid evidenc ence e to to the  judicial affidavit of the witness/es. 2. Bring the original during the pre-trial or preliminary conference.

Cross-examination and Re-Direct Examination under the Judicial Affidavit Rule

The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the exhibits attached to the same. The party who presents the witness may also examine him as on re-direct. In every case, the court shall take active part in examining the witness to determine determ ine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolving the issues.

Resort to subpoena under the Judicial Affidavit Rule

There is no need for a judicial affidavit if the witness is called to testify through a subpoena. If the government employee or official, or the requested witness, unjustifiably declines to execute a judicial affidavit or refuses without  just cause to mak make e the relev relevant ant books, documents, or other things under his control available for copying, authentication, and eventual production in court,

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 the same as when taking his deposition except that the taking of a judicial affidavit shall be understood to be ex parte.

 Failure to file judicial affidavit

A party who fails to submit the required  judicial affidavits and exhibits on time shall be deemed to have waived their submission. The Rule allows for an exception, provided the following follo wing requirements are present: a. It mus mustt be wit with h leav leave e of co court urt.. The The cou court rt has has the discretion whether to allow it. b. The delay must be for a valid reason.

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.

Failure to comply with required contents 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.

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 cause despite notice shall be deemed to have waived his client’s  right to confront by crossexamination ex amination the witnesses there present.