1.CREATING NEW SYSTEMS FOR HEARING AND DECIDING CASES WITHFAIRNESS AND DISPATCH

2. Would you know how many of ourpeople live in crowded cities? 3. 75% of our people live in crowdedcities. 4. With so many living in these cities,occasions for human conflict are inevitable. 5. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday. 6. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday. 7. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday. 8. Thus, courts in these cities aredrowning in cases. Many have 1,000 plus cases; some have 2,000 plus. Many courts hear 30 to 60 cases aday. 9. Their courtrooms are full. 10. Parties have to wait outside to be called. 11. It takes 3 to 5 years, at times more,for cases to be heard and decided, 12. inflicting a sense of hopelessness overthe justice system that you and I serve. 13. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free. 14. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free. 15. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free. 16. Because of case congestion, mosthearings are postponed almost under anypretext, prompting complainants in criminalcases to give up coming to court. As a result, 40 out of every 100persons accused of crimes walk free. 17. Victims of crimes find no speedy justicein our courts. 18. Few foreign businessmen make long-term investments in our country because our courts cannot provideprotection to their investments. 19. Few foreign businessmen make long-term investments in our country because our courts cannot provideprotection to their investments. 20. Result: we do not attain economicgrowth;our people remain poor. 21. Result: we do not attain economicgrowth;our people remain poor. 22. Because people have lost trust in ourability to render justice,many have given up coming to courtwith their disputes.They either simply endure their painsor find just solutions elsewhere.And when the justice system doesnot work as it should,law practice suffers. 23. Because people have lost trust in ourability to render justice,many have given up coming to courtwith their disputes.They either simply endure their painsor find just solutions elsewhere.And when the justice system doesnot work as it should,law practice suffers. 24. Because people have lost trust in ourability to render justice,many have given up coming to courtwith their disputes.They either simply endure their painsor find just solutions elsewhere.And when the justice system doesnot work as it should,law practice suffers. 25. or find just solutions elsewhere. Email Article: 26. What causes these terrible delays inour justice system? There are many causes. 27. What causes these terrible delays inour justice system? There are many causes. 28. Our Courts are few. 29. Prosecutors andpublic attorneys arefew. 30. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing the testimony ofwitnesses. The witness stand represents thebottleneck in the judicial machinery. 31. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing the testimony ofwitnesses. The witness stand represents thebottleneck in the judicial machinery. 32. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing and deciding cases. more specifically, our antiquatedsystem for taking the testimonies ofwitnesses and receiving documentary andobject evidence. Where precisely is the bottleneck inthe system? 33. Recently, the Supreme Court hasintroduced a very significant systemschange. One of the major causes of delaysis our slow and cumbersome system for hearing and deciding cases. Where precisely is the bottleneck inthis system? 34. The bottleneck is where this ladytells her storythe witness stand. 35. The bottleneck is where this ladytells her storyAT THE WITNESS STAND. 36. Why? Because courts can hear no morethan one witness at a time. Assuming there are just twowitnesses per case, 2,000 witnesses would be waiting tobe called in courts that have 1,000 casesin their dockets. If required to form a line outside thecourtroom, they would form a very long lineindeed. 37. Why? Because courts can hear no morethan one witness at a time. Assuming there are just twowitnesses per case, 2,000 witnesses would be waiting tobe called in courts that have 1,000 casesin their dockets. If required to form a line outside thecourtroom, they would form a very long lineindeed. 38. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom, 39. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom, 40. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom, 41. Why? Because courts can hear no morethan one witness at a time. If you have 1,000 cases in yourdockets and just two witnesses for eachcase, you would have 2,000 witnesseswaiting to be called. If required to wait outside thecourtroom, 42. those 2,000 witnesses would form avery long line indeed. 43. those 2,000 witnesses would form avery long line indeed,with only three witnesses getting in on anordinary hearing day. 44. those 2,000 witnesses would form avery long line indeed,with only three witnesses able to get into testify in one day. 45. Why is our system for hearingwitnesses slow and cumbersome? 46. Why is our system for hearingwitnesses slow and cumbersome? For one thing, although about 90% ofwitnesses testifies in the local dialect, we require an interpreter to translatetheir testimonies into English. 47. Why is our system for hearingwitnesses slow and cumbersome? For one thing, although about 90% ofwitnesses testifies in the local dialect, our rules require an interpreter totranslate their testimonies into English. 48. Why is our system for hearingwitnesses slow and cumbersome? For one thing, although about 90% ofwitnesses testifies in the local dialect, our rules require an interpreter totranslate their testimonies into English. Since the trial takes place in twolanguages, the court has to hear the testimonyof every witness twice. 49. the court has to hear the testimonyof every witness twice. 50. How old is our system for hearing anddeciding cases? 51. How old is our system for hearing anddeciding cases?The Americans gave it to us over ahundred years ago. 52. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way. 53. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way. 54. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way. 55. It was unique to their history andculture, yet we adopted it and were taught inlaw schools that there is no right way to hear thetestimonies of witnesses except the American way. 56. The American system is adversarial. 57. The American system is adversarial.The lawyers in a way control theproceedingssince they decide which witness thejudge will hearand what questions he will answer. 58. The American system is adversarial.The lawyers in a way control theproceedingssince they decide what evidence thejudge will hear.and what questions he will answer. 59. The American system is adversarial.The lawyers in a way control theproceedingssince they decide what evidence thejudge will hear. 60. Although he will decide the case, but he is doomed to sit back andlisten. 61. Although he will decide the case, the judge is doomed to sit back andlisten, 62. Although he will decide the case, the judge is doomed to sit back andlisten, allowed to ask only clarificatoryquestions of the witness. 63. The American system is alsodesigned for both jury and bench trials.Result: using their system, we have ashadow jury sitting in our courtroom. 64. The American system is alsodesigned for both jury and bench trials. In effect, it is as if we have a shadowjury sitting in our courtroom. 65. The American system is alsodesigned for both jury and bench trials. In effect, it is as if we have a shadowjury sitting in our courtroom. 66. Why? Because the rules we adoptedrequire our judge to pre-screens thequestions to prevent an unlearned jury fromhearing inadmissible answers. But this is pointless since the jury inour court is the judge himself. With his legal training andexperience, he has no difficulty disregardinginadmissible answers even after he hearsthem. 67. Why? Because our borrowed rules requireour judge to pre-screen the questions to prevent an unlearned jury fromhearing inadmissible answers. But this is pointless since the jury inour court is the judge himself. With his legal training andexperience, he has no difficulty disregardinginadmissible answers even after he hearsthem. 68. Why? Because our borrowed rules requireour judge to pre-screen the questions to prevent that non-existent jury fromhearing inadmissible answers. 69. But this pre-screening is pointlesssince the judgedoes not need to pre-screen thequestions for himself.With his legal training andexperience,he has no difficulty disregardinginadmissible answers even after he hearsthem. 70. But this pre-screening is pointlesssince the judgedoes not need to protect himself fromhearing inadmissible evidence.With his legal training andexperience,he has no difficulty disregardinginadmissible answers even after he hearsthem. 71. But this pre-screening is pointlesssince the judge does not need to protect himself fromhearing inadmissible evidence. With his training, he can easilydisregard them. 72. Further, since it is assumed that themembers of the American jury knownothing of the case,witnesses must tell their stories tothe jurors from beginning to end.From A to ZFollowing that system, our witnessestell their stories to the judgefrom beginning to end though healready knows from the recordthe respective stories of the parties.Consequently, he can skip theadmitted mattersand have the witness focus on thefacts in issue. 73. Further, since it is assumed that themembers of the American jury knownothing of the case,witnesses must tell their stories tothe jurors from beginning to end.From A to ZFollowing that system, our witnessestell their stories to the judgefrom beginning to end though healready knows from the recordthe respective stories of the parties.Consequently, he can skip theadmitted mattersand have the witness focus on thefacts in issue. 74. Further, since it is assumed that themembers of the American jury knownothing of the case,witnesses must tell their stories tothe jurors from beginning to end.From A to Z.Following that system, our witnessestell their stories to the judgefrom beginning to end though healready knows from the recordthe respective stories of the parties.Consequently, he can skip theadmitted mattersand have the witness focus on thefacts in issue. 75. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue. 76. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue. 77. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue. 78. Further, since it is assumed that themembers of the American jury knownothing of the case, witnesses must tell their stories tothe jurors from beginning to end. From A to Z. But our judge already knows from therecord the respective stories of the parties. Consequently, he can skip theadmitted matters and have the witness focus on thefacts in issue. 79. But Section 4 of Rule 132, which weborrowed from the Americans,requires the judge to endurebeginning-to-end storiesthat are plucked from the witnessmouth bit by bit through directexamination.This is a time consuming process. 80. But Section 4 of Rule 132, which weborrowed from the Americans,requires the judge to endurebeginning-to-end testimoniesthat are plucked from the witnessmouth bit by bit through directexamination.This is a time consuming process. 81. But Section 4 of Rule 132, which weborrowed from the Americans,requires the judge to endurebeginning-to-end testimoniesthat are plucked from the witnessmouth bit by bit through directexamination.++This is a time consuming process. 82. Another cause of delay is the oftenindiscriminate objections to the questionsasked of the witness. ++ 83. Theoretically, a lawyer objects toquestions asked of the witnessto enable the judge to predetermineif the expected answers are inadmissiblein evidence.The judge must see to it thatinadmissible answers do not touch theears of the jury,lest these irreversibly influence themembers of the jury.But we have no jury, only a judge. 84. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge. 85. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge. 86. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge. 87. Theoretically, a lawyer objects toquestions asked of the witness So the judge could preventinadmissible answers from touching the ears of the jurors, lest such answers irreversiblyinfluence their thinking. But we have no jury, only a judge whois not irreversibly affected byinadmissible answers. 88. Another point of delay is the need toidentify, 89. Another point of delay is the need toidentify, mark, and authenticate the exhibits. The process is tedious and painfullytime consuming. ++ 90. Another point of delay is the need toidentify, mark, and authenticate the exhibits. The process is tedious and painfullytime consuming. 91. Some courts, require pre-markings ofexhibits before the clerks of courtbut these personnel are often just asbusy as the judge.And even with such pre-markings,still, the witness will have to appearbefore the court,identify the documents,and authenticate them. 92. Some courts, require pre-markings ofexhibits before the clerks of courtwho are also busy.And even withsuch pre-markings,still, the witness will have to appearbefore the court,identify the documents,and authenticate them. 93. Some courts, require pre-markings ofexhibits before the clerks of courtwho are also busy.And even with such pre-markings,still, the witness will have to appearbefore the court,identify the documents,and authenticate them. 94. Some courts, require pre-markings ofexhibits before the clerks of courtwho are also busy.And even with such pre-markings,still, the witness will have to appearbefore the court, 95. Some courts, require pre-markings ofexhibits before the clerks of courtwho are also busy.And even with such pre-markings,still, the witness will have to appearbefore the court,identify the documents one by one,and authenticate them. 96. Some courts, require pre-markings ofexhibits before the clerks of courtwho are also busy.And even with such pre-markings,still, the witness will have to appearbefore the court,identify the documents one by one,and authenticate them. 97. In many courts in cities, the cases ontheir calendars often range from 30 to 50cases. Just calling the attendance takesfrom 8:30 to 10 a.m. since there are incidents likepostponements that must be acted on. This leaves only 2 hours for hearingthe cases that are ready. If 10 cases are ready, the judge givesthe parties in each case 12 minutes to present part of the testimony ofjust one witness. 98. In many courts in cities, the cases ontheir calendars often range from 30 to 50cases. Just calling the attendance takesfrom 8:30 to 10 a.m. since there are incidents likepostponements that must be acted on. This leaves only 2 hours for hearingthe cases that are ready. If 10 cases are ready, the judge givesthe parties in each case 12 minutes to present part of the testimony ofjust one witness. 99. In many courts in cities, the cases ontheir calendars often range from 30 to 50cases. Just calling the attendance takesfrom 8:30 to 10 a.m. This leaves only 2 hours for hearingthe cases that are ready. If 10 cases are ready, the judge givesthe parties in each case 12 minutes to present part of the testimony ofjust one witness. 100. If 10 cases are ready, the judge givesthe parties in each case 10 minutes to present part of the testimony ofjust one witness. 101. If 10 cases are ready, the judge givesthe parties in each case 10 minutes to present part of the testimony ofjust one witness. 102. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. Even after the direct examination hasbeen finished, It is usual for the adverse lawyer topostpone his cross examination on the ground that he needs time toprepare since: --he must first have the transcript ofstenographic notes of the directexamination, and --he needs to check the truth of thetestimony. 103. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. And, even after the directexamination has been finished, the adverse lawyer would usuallywant his cross examination deferred on the ground that he needs to waitfor the transcript to be finished. 104. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. And, even after the directexamination has been finished, the adverse lawyer would usuallywant his cross examination deferred on the ground that he needs to waitfor the transcript to be finished. 105. With piecemeal trial, it takes morethan a year to complete the testimony ofjust one witness. And, even after the directexamination has been finished, the adverse lawyer would usuallywant his cross examination deferred on the ground that he needs to waitfor the transcript to be finished. 106. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working. 107. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working. 108. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working. 109. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working. 110. How do we solve the problem? The conventional solution is tostreamline the existing system for hearingcases and pound hard on the judges tospeed up their hearings. But Albert Einstein once said that itis madness to do the same thing the sameway when it is no longer working. 111. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.Result: hearings of cases have beencut by two-thirds in those courts.Why two-thirds?The testimony of a witness usuallyconsists of two-thirds direct and one-thirdcross. 112. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.Result: hearings of cases have beencut by two-thirds in those courts.Why two-thirds?The testimony of a witness usuallyconsists of two-thirds direct and one-thirdcross. 113. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.Result: hearings of cases have beencut by two-thirds in those courts.Why two-thirds?The testimony of a witness usuallyconsists of two-thirds direct and one-thirdcross. 114. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.Result: hearings of cases have beencut by two-thirds in those courts.Why two-thirds?The testimony of a witness usuallyconsists of two-thirds direct examination 115. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.Result: hearings of cases have beencut by two-thirds in those courts.Why two-thirds?The testimony of a witness usuallyconsists of two-thirds direct examination 116. Early this year, we experimented onthe compulsory use of judicial affidavitsin all cases in Quezon City.Result: hearings of cases have beencut by two-thirds in those courts.Why two-thirds?The testimony of a witness usuallyconsists of two-thirds direct examinationand one-third cross examination. 117. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. Can you imagine that? 118. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. Can you imagine that? 119. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. Can you imagine that? 120. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. 121. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. 122. With judicial affidavit as directtestimony, the witness is examined in court onlyon cross. Instead of one witness testifying at agiven time, the court can now accommodatethree witnesses in that time. 123. Consequently, the Supreme Courtapproved the Judicial Affidavit Rule onSeptember 4, 2012. 124. What functions do judicial affidavitstake? 1. They take the place of thewitnesses direct testimonies; and 2. They shall attach and authenticatedocumentary or object evidence of theparties. 125. What functions do judicial affidavitstake? 1. They take the place of directtestimonies; and 2. They identify and authenticatedocumentary or object evidence of theparties. 126. What functions do judicial affidavitstake? 1. They take the place of directtestimonies; and 2. They identify and authenticatedocumentary or object evidence in thecase. 127. How and when are judicial affidavitsto be submitted?The parties shall file them with thecourtand serve copies on the adverseparty,personally or by licensed courierservice,not later than five days before pre-trial or preliminary conferenceor the scheduled hearing withrespect to motions and incidents 128. How and when are judicial affidavitsto be submitted?They are to be filed with the courtand serve copies on the adverseparty,personally or by licensed courierservice,not later than five days before pre-trial or preliminary conferenceor the scheduled hearing withrespect to motions and incidents 129. How and when are judicial affidavitsto be submitted?They are to be filed with the courtand copies served on the adverseparty,personally or by licensed courierservice,not later than five days before pre-trial or preliminary conferenceor the scheduled hearing withrespect to motions and incidents 130. How and when are judicial affidavitsto be submitted?They are to be filed with the courtand copies served on the adverseparty,personally or by licensed courierservice,not later than five days before pre-trial or preliminary conferenceor the scheduled hearing withrespect to motions and incidents 131. How and when are judicial affidavitsto be submitted?They are to be filed with the courtand copies served on the adverseparty,personally or by licensed courierservice,not later than five days before pre-trial or preliminary conferenceor the scheduled hearing withrespect to motions and incidents 132. How and when are judicial affidavitsto be submitted?They are to be filed with the courtand copies served on the adverseparty,personally or by licensed courierservice,not later than five days before pre-trial or preliminary conferenceor the scheduled hearing withrespect to motions and incidents. 133. In what language will the judicialaffidavits be prepared? In the language known to the witness and, if not in English or Filipino, accompanied by a translation inEnglish or Filipino. 134. In what language will the judicialaffidavits be prepared? In the language known to the witness and, if not in English or Filipino, accompanied by a translation inEnglish or Filipino. 135. In what language will the judicialaffidavits be prepared?In the language known to the witnessbut, if this is not in English orFilipino,accompanied by a translation inEnglish or Filipino. 136. In what language will the judicialaffidavits be prepared?In the language known to the witnessbut, if this is not in English orFilipino,it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken in the dialect provided they are subsequentlytranslated into English or Filipino. 137. In what language will the judicialaffidavits be prepared?In the language known to the witnessbut, if this is not in English orFilipino,it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken in the dialect provided they are subsequentlytranslated into English or Filipino. 138. In what language will the judicialaffidavits be prepared?In the language known to the witnessbut, if this is not in English orFilipino,it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken and kept in the dialect of theplace provided they are subsequentlytranslated into English or Filipino. 139. In what language will the judicialaffidavits be prepared?In the language known to the witnessbut, if this is not in English orFilipino,it is to be accompanied by atranslation in English or Filipino. What is the significance of this? We are now allowing testimonies tobe taken and kept in the dialect of theplace provided they are subsequentlytranslated into English or Filipino. 140. Testimonies will be quoted inpleadings in their original versionwith the English translation inparenthesis provided by the party,subject to counter translation byopposing side. 141. Testimonies will be quoted inpleadings in their original version with the English or Pilipinotranslation in parenthesis provided by theparty, subject to counter translation byopposing side. 142. Testimonies will be quoted inpleadings in their original version with the English or Pilipinotranslation in parenthesis provided by theparty, subject to counter translation byopposing side. 143. For example:When asked by the judge, Ramon said thatthe accused arrived in great haste.Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?)A. Kay gihangos man sya pag abot nya. Kasipo humihingal siya nang dumating. (Because hewas breathing hard, Sir, when he arrived.) 144. For example:When asked by the judge, Ramon said thatthe accused arrived in great haste.Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?)A. Kay gihangos man sya pag abot nya. Kasipo humihingal siya nang dumating. (Because hewas breathing hard, Sir, when he arrived.) 145. For example:When asked by the judge, Ramon said thatthe accused arrived in great haste.Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?)A. Kay gihangos man sya pag abot nya. Kasipo humihingal siya nang dumating. (Because hewas breathing hard, Sir, when he arrived.) 146. For example:When asked by the judge, Ramon said thatthe accused arrived in great haste.Q. Nganong imo mang giingon nga gadali siJulio pag abot nya? (Why did you say that Julioarrived in haste?)A. Kay gihangos man sya pag abot nya.(Because he was breathing hard, Sir, when hearrived.) 147. What will the judicial affidavitcontain? (a) The name, age, residence, orbusiness address, and occupation of thewitness; (b) The name and address of thelawyer who conducts or supervises theexamination of the witness and the place where the examinationis being held; and 148. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness and the place where the examinationis being held; and 149. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness and the place where the examinationis being held; and 150. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness (c) the place where the examinationis being held; and (d) A statement that the witness isanswering the questions under oath, 151. What will the judicial affidavitcontain? (a) The personal circumstance of thewitness; (b) The identity of the lawyer whoconducts or supervises the examinationof the witness (c) the place where the examinationis being held; and (d) A statement that the witness isanswering the questions under oath 152. What will the judicial affidavitcontain?(a) The personal circumstance of thewitness;(b) The identity of the lawyer whoconducts or supervises the examinationof the witness(c) the place where the examinationis being held; and(d) A statement that the witness isanswering the questions under oathand that he may face criminal liabilityfor false testimony or perjury. 153. Like this PRELIMINARY STATEMENTThe person examining me is Atty.Julio C. Magno with address at 45 VicenteG. Cruz, Sampaloc, Manila. Theexamination is being held at the sameaddress. I am answering his questionsfully conscious that I do so under oath andmay face criminal liability for falsetestimony and perjury. 154. Like this I, ELNORA S. SABUGO, of legal age,married, and living at 12 Camalig St.,Caloocan City, plaintiff in this case, stateunder oath as follows:PRELIMINARY STATEMENTThe person examining me is Atty.Julio C. Magno with address at 45 VicenteG. Cruz, Sampaloc, Manila. Theexamination is being held at the sameaddress. I am answering his questionsfully conscious that I do so under oath andmay face criminal liability for falsetestimony and perjury. 155. Then there is the affidavit proper thatcontains:(a) Questions asked of the witnessand his corresponding answers,consecutively numbered,that show the circumstances underwhich the witness acquired the facts uponwhich he testifies. 156. Then there is the affidavit proper thatcontains:(a) Numbered questions and answers;that show the circumstances underwhich the witness acquired the facts uponwhich he testifies. 157. Then there is the affidavit proper thatcontains: (a) Numbered questions and answers, showing personal knowledge of thefacts that the witness is testifying on. 158. Like this Q1. Do you know Gerry T. Umali, thedefendant in this case?A1. Yes, sir.Q2. How did you know him?A2. He borrowed money from me 159. Like this Q1. Do you know Gerry T. Umali, thedefendant in this case?A1. Yes, sir.Q2. How did you know him?A2. He asked me if he could borrowmoney from me, sir.Q3. Where did this happen?A.3. At my house in Caloocan City.Q4. When?A4. On May 22, 2011, sir. 160. (b) Questions and answers that elicitfacts relevant to the issues.Like this Q3. When did he borrow money fromyou? A3. Sometime in April of 2008, heasked me if he could borrow P200,000.00for his family. Q4. What was your reply? A4. I agreed to lend him the money.. Q5. Was your transaction in writing? A5. Yes, sir. We executed aKasunduan on April 16, 2008. 161. (b) Questions and answers that elicitfacts relevant to the issues.Like this Q5. What was your response to hisrequest for loan from you?A5. I Agreed to lend him the moneyhe needed.Q.6. How much?A.6. He asked for P300,000.00.Q7. Was your transaction in writing?A7. Yes, sir. We executed aKasunduan on April 16, 2008. 162. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this Q6: Where is this Kasunduan thatyou mentioned?A6: This is the one, sir (handing overa document).Q7: I am marking this Kasunduanas Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1. 163. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this Q6: Where is this Kasunduan thatyou mentioned?A6: This is the one, sir (handing overa document).Q7: I am marking this Kasunduanas Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1. 164. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this Q6: Where is this Kasunduan thatyou mentioned?A6: This is the one, sir (handing overa document).Q7: I am marking this Kasunduanas Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1. 165. (c) Questions and answers thatidentify the attached documentary andobject evidence and establish their authenticity inaccordance with the Rules of Court.Like this Q8: Where is this Kasunduan thatyou mentioned?A8: This is the one, sir (handing overa document).Q9: I am marking this Kasunduanas Exhibit A and the bracketed signatureabove the name Gerry Umali as Exh. A-1. 166. Do you know whose signature this is? A9: Yes, sir, that of Gerry Umali. Q10: How do you know? A10: I saw him sign it. Q11: I am marking the signatureabove the name Elnora Sabugo on thisdocument as Exh. A-2. Do you knowwhose signature this is? A11: Yes, sir, that is my signature. Q11: I am attaching Exhibit A to yourjudicial affidavit to form part of it. Do youconfirm my action? A11: Yes, sir. 167. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers. 168. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers. 169. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers. 170. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers. 171. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers. 172. What is required of the lawyer whoexamined the witness or supervised suchexamination? He must execute a sworn attestationat the end of the judicial affidavit that: (1) He faithfully recorded or causedto be recorded the questions he asked and the corresponding answers thatthe witness gave; and (2) Neither he nor any other personthen present coached the witness regarding hisanswers. 173. Like this I faithfully recorded the questions Iasked Ms. Sabugo and the correspondinganswers she gave me; and neither I norany other person then present coachedMs. Sabugo regarding her answers. JULIO C. MAGNO Affiant 174. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment. 175. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment. 176. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment. 177. What is the consequence of a falseattestation? It will subject the lawyer-examiner or the supervising lawyer todisciplinary action, including disbarment. 178. Is this requirement unreasonable? No. Even without this requirement, it is the lawyers duty to record thequestions and answers faithfully and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work? 179. Is this requirement unreasonable? No. 1. Even without this requirement, it is the lawyers duty to record thequestions and answers faithfully and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work? 180. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work? 181. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. It is fair since the attestation isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work? 182. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. 2. The attestation is fair since it isrequired of the opposing lawyer as well. We need to trust the fidelity ofjudicial affidavits since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work? 183. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. 2. The attestation is fair since it isrequired of the opposing lawyer as well. 3. We need to trust the fidelity ofjudicial affidavit since it takes the placeof direct testimony in court. What is wrong with requiring lawyersto assume responsibility for their work? 184. Is this requirement unreasonable? No. 1. Even without it, the lawyer isresponsible for faithfully recording thequestions and answers and prevent coaching of the witness. 2. The attestation is fair since it isrequired of the opposing lawyer as well. 3. We need to trust the fidelity ofjudicial affidavit since it takes the placeof direct testimony in court. 4. What is wrong with requiringlawyers to assume responsibility for theiractions? 185. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness, who is neither the witness of theadverse party nor a hostile witness, unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court, 186. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness who is neither the witness of theadverse party nor a hostile witness, unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court, 187. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court, 188. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court, 189. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court, 190. How will the judicial affidavits ofuncooperative witnesses be taken? If the government employee orofficial, or the requested witness, unjustifiably declines to execute ajudicial affidavit or refuses without just cause to makethe relevant books, documents,or other things under his control available for copying, authentication,and eventual production in court, the requesting party may availhimself of the issuance of a subpoena adtestificandum 191. or duces tecum under Rule 21 of theRules of Court. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte. 192. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness 193. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross. 194. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte. 195. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte. 196. or duces tecum under Rule 21 of theRules of Court. No judicial affidavit is required forthe adverse party or hostile witness since he can be queried with leadingquestions as in cross. The rules governing the issuance of asubpoena to the witness in this case shall be the same as when taking hisdeposition except that the taking of a judicialaffidavit shall be understood to be exparte. 197. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit?The rule requires the partypresenting the judicial affidavit of hiswitnessto state at the start of thepresentation of the witnessto state his purpose for presentingsuch testimony. 198. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit?The rule requires the partypresenting the judicial affidavit of hiswitnessto state at the start of thepresentation of the witnessto state his purpose for presentingsuch testimony. 199. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit?The rule requires the partypresenting the judicial affidavit of hiswitnessto state at the start of thepresentation of the witnessto state his purpose for presentingsuch testimony. 200. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit?The rule requires the partypresenting the judicial affidavit of hiswitnessto state at the start of thepresentation of the witnessto state his purpose for presentingsuch testimony. 201. With the judicial affidavit taking theplace of direct testimony, what remedy does the opposing partyhave if inadmissible evidence isintroduced through such affidavit?The rule requires the partypresenting the judicial affidavit of hiswitnessto state at the start of thepresentation of the witnessthe partys purpose for presentingsuch testimony. 202. The adverse party may then move todisqualify the witnessor to strike out his affidavitor any of the answers found in it onground of inadmissibility.The court shall promptly rule on themotionand, if granted, shall cause themarking of any excluded answerby placing it in brackets under theinitials of an authorized court personnel. 203. The adverse party may then move todisqualify the witnessor to strike out his affidavitor any of the answers found in it onground of inadmissibility.The court shall promptly rule on themotionand, if granted, shall cause themarking of any excluded answerby placing it in brackets under theinitials of an authorized court personnel. 204. The adverse party may then move todisqualify the witnessor to strike out his affidavitor any of the answers found in it onground of inadmissibility.The court shall promptly rule on themotionand, if granted, shall cause themarking of any excluded answerby placing it in brackets under theinitials of an authorized court personnel. 205. The adverse party may then move todisqualify the witnessor to strike out his affidavitor any of the answers found in it onground of inadmissibility. 206. The court shall promptly rule on themotionand, if granted, shall cause themarking of any excluded answerby placing it in brackets under theinitials of an authorized court personnel. 207. The court shall promptly rule on themotionand, if granted, shall cause theexclusion of the offending answerby placing it in brackets under theinitials of an authorized court personnel. 208. The court shall promptly rule on themotionand, if granted, shall cause theexclusion of the offending answerby placing it in brackets. Q1. Do you know Gerry T. Umali, the defendant inthis case? A1. Yes, sir. Q2. How did you know him? A2. He asked me if he could borrow money from me,sir. [Q3. Do you know what he needed the money for? A.3. Yes, Sir. His brother told me that he had to payfor his sons tuition fees.] MJC 5/2/10 Q4. When did he ask you if he could borrow moneyfrom you? A4. On May 22, 2011, sir. 209. Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit, the adverse party could of coursealso ask for its striking out. This is without prejudice to a tenderof excluded evidence under Section 40 ofRule 132 of the Rules of Court. 210. Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit, the adverse party could of coursealso ask for its striking out. This is without prejudice to a tenderof excluded evidence under Section 40 ofRule 132 of the Rules of Court. 211. Moreover, if cross examinationreveals an inadmissible testimony in thejudicial affidavit, the adverse party could of coursealso ask for its striking out. This is without prejudice to a tenderof excluded evidence under Section 40 ofRule 132 of the Rules of Court. 212. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct. 213. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct. 214. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct. 215. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct. 216. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct. 217. Is cross examination of the witnessallowed? Yes. The adverse party shall have theright to cross-examine the witness on hisjudicial affidavit and on the exhibits attached to thesame. Since he has been given a copy of thejudicial affidavit long before the hearing, the adverse party would have noreason to seek postponement. The party who presents the witnessmay also examine him as on re-direct. 218. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness 219. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness 220. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness 221. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the court shall takeactive part in examining the witness 222. Can the court also examine thewitness? Yes. The Judicial Affidavit Rulesignals the shift in our system for hearingcases from purely adversarial to acombined adversarial and inquisitorialsystem, patterned after many successfulmodels in the world. In every case, the judge shall takeactive part in examining the witness. 223. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues. 224. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues. 225. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues. 226. He is not limited to askingclarificatory questions; he may also ask questions that willdetermine the credibility of the witness, ascertain the truth of his testimony, and elicit the answers that the judgeneeds for resolving the issues. 227. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people, 228. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people, 229. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people, 230. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people, 231. Suppose the examination of thewitness by the judge results in elicitinganswers that are favorable to a party to thecase, will that not be regarded as showingbias in favor of that party? No. The reason the judge under thejury system avoids asking questions ofthe witness is that the members of the jury, whoare common people, 232. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itself to the truth. 233. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itself to the truth. 234. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itself to the truth. 235. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itself to the truth. 236. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itself to the truth. 237. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itself to the truth. 238. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itselfto the courts search for truth. 239. might give undue importance to theanswers the judge elicitsmore than what those answersactually deserve.But we have no jury.Besides, a party is not preventedfrom objecting to questions from thejudgeif they tend to elicit inadmissibleanswers.In any case, the answer comes notfrom the judge but from the witness.If the answer is admissible, suchanswer simply lends itselfto the courts search for truth. 240. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges. 241. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges. 242. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges. 243. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges. 244. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges. 245. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges. 246. Trial is not about preventingunfavorable questions from being asked but about bringing out the truth nomatter who is favored by it. What is more, if the judge showsclear and outright bias, precluding the idea that he is onlyafter the truth, the prejudiced party can seek hisinhibition. But be aware that the Supreme Courthas been suspending lawyers frompractice who file frivolous motions forinhibition against judges. 247. How are the documentary and objectexhibits of the parties offered foradmission as evidence? Upon the termination of thetestimony of his last witness, a party shall immediately make anoral offer of evidence of his documentaryor object exhibits,piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit. 248. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryor object exhibits,piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit. 249. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryand object exhibits,piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit. 250. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryand object exhibits,piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit. 251. How are the documentary and objectexhibits of the parties offered foradmission as evidence? After terminating the testimony of hislast witness, a party shall immediately make anoral offer of evidence of his documentaryand object exhibits,piece by piece, in their chronologicalorder, stating the purpose or purposes forwhich he offers the particular exhibit. 252. After each piece of exhibit is offered, 253. After each piece of exhibit is offered,the adverse party shall state thelegal ground for his objection to it, if any,and the court shall immediately makeits ruling respecting that exhibit. 254. After each piece of exhibit is offered,the adverse party shall state thelegal ground for his objection to it, if any,and the court shall immediately makeits ruling respecting that exhibit. 255. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit. 256. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit. 257. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit. 258. Since the documentary or objectexhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient that such exhibits aresimply cited by their markings during the offers, the objections, andthe rulings, dispensing with the description ofeach exhibit. 259. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) where the accused agrees to theuse of judicial affidavits, irrespective of the penalty involved;or (3) with respect to the civil aspect ofthe actions, whatever the penalties involved are. 260. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) where the accused agrees to theuse of judicial affidavits, irrespective of the penalty involved;or (3) with respect to the civil aspect ofthe actions, whatever the penalties involved are. 261. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) irrespective of the penaltyinvolved, where the accused agrees to theuse of judicial affidavits, irrespective of the penalty involved;or (3) with respect to the civil aspect ofthe actions, whatever the penalties involved are. 262. Will the Judicial Affidavit Rule applyto criminal actions? Yes (1) where the maximum of theimposable penalty does not exceed sixyears; (2) irrespective of the penaltyinvolved, where the accused agrees to theuse of judicial affidavits; (3) with respect to the civil aspect ofthe actions, whatever the penaltiesinvolved are. 263. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused. The complainant or public prosecutorshall attach to the affidavits such documentary or object evidenceas he may have, marking them as Exhibits A, B, C, andso on. 264. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused. The complainant or public prosecutorshall attach to the affidavits such documentary or object evidenceas he may have, marking them as Exhibits A, B, C, andso on. 265. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused. The complainant or public prosecutorshall attach to the affidavits such documentary or object evidenceas he may have, marking them as Exhibits A, B, C, andso on. 266. When will the parties in the criminalcase submit their judicial affidavits? The prosecution shall submit thejudicial affidavits of its witnesses Not later than five days before thepre-trial, serving copies of the same upon theaccused. 267. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors, 268. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors, 269. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors, 270. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors, 271. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors or keep his silence. 272. No further judicial affidavit ordocumentary or object evidence may beadmitted at the trial. If the accused desires to be heard onhis defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit hisjudicial affidavit as well as those of hiswitnesses to the court within ten days of receipt of suchaffidavits and serve a copy of each on thepublic and private prosecutors or keep his silence. 273. Because the prosecution lays all itsevidence on the table,the accused can freely andreasonably make his choice of whether toremain silent or not. 274. Because the prosecution lays all itsevidence on the table,the accused can freely andreasonably make his choice of whether toremain silent or not. 275. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance to submit them provided the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court. 276. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance to submit them provided the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court. 277. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court. 278. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court. 279. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court. 280. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court. 281. What are the effects of the failure ofa party to submit his judicial affidavits? He shall be deemed to have waivedtheir submission. But the court may give him one lastchance if the delay is for a valid reason, would not unduly prejudice theopposing party, and the defaulting party pays a fineof not less than P1,000.00 nor more than P5,000.00, at thediscretion of the court. 282. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any witness who fails to appear at the scheduledhearing of the case as required. Counsel who fails to appear withoutvalid cause despite notice shall be deemed to have waived hisclients right to confront by cross examination thewitnesses there present. 283. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any absent witness who fails to appear at the scheduledhearing of the case as required. Counsel who fails to appear withoutvalid cause despite notice shall be deemed to have waived hisclients right to confront by cross examination thewitnesses there present. 284. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any absent witness. Counsel who fails to appear withoutvalid cause shall be deemed to have waived hisclients right to confront by cross examination thewitnesses there present. 285. What are the effects of the absenceof the witness or of counsel at thescheduled hearing? The court shall not consider theaffidavit of any absent witness. Counsel who fails to appear withoutvalid cause shall be deemed to have waived hisclients right to cross examine. 286. What is the effect of submittingjudicial affidavits to the content requirements ofsection 3 and the attestation requirement ofsection 4? The court shall not admit as evidencesuch judicial affidavits. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided 287. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? and the attestationrequirement of section 4? The court shall not admit as evidencesuch judicial affidavits. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided 288. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? The court shall not admit them inevidence. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided 289. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? The court shall not admit them inevidence. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided 290. What is the effect of submittingjudicial affidavits that do not conform to contentrequirements? The court shall not admit them inevidence. But it may allow only once thesubsequent submission of the compliantreplacement affidavits before the hearing or trialprovided 291. the delay is for a valid reason, and would not unduly prejudice theopposing party and provided further, that public orprivate counsel responsible for theirpreparation and submission pays a fine of not less than P1,000.00nor more than P5,000.00, at the discretion of the court 292. the delay is for a valid reason, would not unduly prejudice theopposing party, and provided further, that public orprivate counsel responsible for theirpreparation and submission pays a fine of not less than P1,000.00nor more than P5,000.00, at the discretion of the court 293. the delay is for a valid reason,would not unduly prejudice theopposing party,and the public or private counselresponsible for their preparation andsubmissionpays a fine of not less than P1,000.00nor more than P5,000.00,at the discretion of the court 294. the delay is for a valid reason,would not unduly prejudice theopposing party,and the public or private counselresponsible for their preparation andsubmissionpays a fine of not less than P1,000.00nor more than P5,000.00,at the discretion of the court 295. the delay is for a valid reason,would not unduly prejudice theopposing party,and the public or private counselresponsible for their preparation andsubmissionpays a fine of not less than P1,000.00nor more than P5,000.00,at the discretion of the court 296. Will the Judicial Affidavit Rule applyto existing cases?Yes. 297. Will the Judicial Affidavit Rule applyto existing cases?Yes. 298. Will the Judicial Affidavit Rule applyto existing cases?Yes. Suppose the existing cases hadalready undergone pre-trialand just a few testimonies remain tobe heard,will the rule still apply? Yes. The remaining testimonies shall betreated as incidents to be heard by judicial affidavits. 299. Will the Judicial Affidavit Rule applyto existing cases?Yes. Suppose the existing cases hadalready undergone pre-trial and just a few testimonies remain tobe heard,will the rule still apply? Yes. The remaining testimonies shall betreated as incidents to be heard by judicial affidavits. 300. Will the Judicial Affidavit Rule applyto existing cases?Yes. Suppose the existing cases hadalready undergone pre-trial and just a few testimonies remain tobe heard, will the rule still apply? Yes. The remaining testimonies shall betreated as incidents to be heard by judicial affidavits. 301. Will the Judicial Affidavit Rule applyto existing cases?Yes. Suppose the existing cases hadalready undergone pre-trial and just a few testimonies remain tobe heard, will the rule still apply? Yes. The remaining testimonies shall betreated as incidents to be heard by judicial affidavits. 302. Will the Judicial Affidavit Rule applyto existing cases?Yes. Suppose the existing cases hadalready undergone pre-trial and just a few testimonies remain tobe heard, will the rule still apply?Yes. The remaining testimonies shall betreated as incidentsto be heard by judicial affidavits. 303. Will the Judicial Affidavit Rule applyto existing cases?Yes. Suppose the existing cases hadalready undergone pre-trial and just a few testimonies remain tobe heard, will the rule still apply?Yes. The remaining testimonies shall betreated as incidents to be heard by judicial affidavits. 304. THANK YOU 305. Like this PRELIMINARY STATEMENTThe person examining me is Atty.Julio C. Magno with address at 45 VicenteG. Cruz, Sampaloc, Manila. Theexamination is being held at the sameaddress. I am answering his questionsfully conscious that I do so under oath andmay face criminal liability for falsetestimony and perjury. 306. Ako, si PO1 Renato Y. Robles, 34taon, may-asawa, isang pulis, atnakatalaga sa Sampaloc Police Station,Sampaloc, Manila, mataposmakapanumpa ng ayon sa batas aynagsasaad ng mga sumusunod:Pangunang Salita Ang nagtatanong sa akin sa judicialaffidavit kong ito ay si PO2 Jaime C.Ramos na isang pulis na nakatalaga dinsa Sampaloc Police Station, Manila,Ginanap ang pagtatanong niya sa akin saStation ding ito. 307. Sinagot ko ang mga tanong sa akinsa ilalim ng aking sinumpaan na magsabing katotohanan lamang at batid ko namaaari akong managot kung sakaling akoay magsinungaling. 308. T1. Natatandaan mo ba kung nasaanka nuong umaga ng Mayo 21, 2012? S1. Opo, nasa aming opisina po ako,sa Sampaloc Police Station, Anti-DrugsUnit. T2. Ano ang ginagawa mo doonnuong umagang iyon? S2. Pinag-aaralan po namin ng mgakasamahan kong pulis kung paano naminghuhulihin si Alex Samson na ini-report saamin na nagtitinda ng shabu sa Dapitan,malapit sa UST. 309. T3. Ano ang napagpasyahan ninyo? S3. Napagpasyahan naming gumawang isang buy-bust operation. T4. Anong hakbang ang ginawa ninyopara mangyari ang inyong binalak? S4. Naghanda kami ng pera na amingminarkahan para ipambili ng shabu kayAlex Samson at lumakad na kami upangmagkunwaring bibili ng shabu sa kanya. T5. Makikilala mo ba ang peranginihanda ninyo na iyong minarkahan? S5. Opo. 310. T6. Tignan mo itong P100 na maymarkang RYR 5/21/2012, may kinalamanba ito doon sa sinabi mong pera na inyonginihanda pambili ng shabu? S6. Iyan po iyon. T7: Minamarkahan ko ang P100 na itobilang Exhibit A. Kaninong sulat kamayang markang ito na RYR 5/21/2012? S7: Sa akin po. T8: Ikinakabit ko ang Exhibit A na itosa iyong judicial affidavit upang magingbahagi nito. Sumasangayon ka ba saginawa ko? S8: Opo. 311. T9. Ano ang ginawa ninyo mataposkayong maghanda ng perang pambili ngshabu?S9. Inabangan po namin si AlexSamson sa Dapitan Street at nangdumating siya, lumapit ako sa kanyakasama ang isang informer at nagtanongkung puwede akong bumili ng pisongshabu. 312. T10. Ano ang sagot niya? S10. Inabutan niya ako ng isangmaliit na plastic na may lamang tilapulbos at inabot ko naman sa kanya iyongP100 na inihanda namin? T11. Ano ang sumunod napangyayari? S11. Nang makita ng mgakasamahan ko na nagkabilihan na kami,lumapit sila at hinuli namin si AlexSamson. 313. T12. Ano ang nangyari sa nasamsamninyong plastic na may lamang tilapulbos?S12. Minarkahan ko ito ng akinginitial at kung anong araw namin itonakuha.T13. Masdan mo ang plastic na ito atsabihin mo sa akin kung ano angkinalaman nito sa binanggit mong plastic?A13. Iyan po iyong nakuha namingkay Alex Samson. Ang marka po dito naRYR 5/2/2012 ay ako ang naglagay.T14 Ano ang ginawa ninyo dito? 314. A14. Pinadala namin sa crimelaboratory sa ganoon ding kalagayan,silyado. T15: Minamarkahan ko ang plasticsachet na ito bilang Exhibit B at ikinakabitko sa iyong judicial affidavit upangmaging bahagi nito. Sumasangayon ka basa ginawa ko? S15: Opo. T16: Mayroon pa ba kayong ibangebidensya laban kay Alex Samson? S16: Kumuha din po kami ng mgalarawan bago namin siya hulihin, habanghinuhuli namin siya, at matapos naminsiyang hulihin. 315. T17: Ito ba ang mga larawang iyon?S17: Opo.T18: Paano ma nakilala ang mgalarawang ito?S18: Kasama po ako ng kunan angmga larawang iyan.T19: Minamarkahan ko ang mgalarawang ito bilang Exh. C, C-1, at C-2.Saan kinunan ang mga larawang ito?S19: Sa Dapitan Street po kung saannamin nahuli si Alex Samson.T20: Sino-sinong nasa larawang ito?S20: Si Alex Samson, ako, si PO2Jose Pangan, at si PO3 Ramon Asis. 316. IMPLEMENTINGPRESENT POLICIES ON THE RIGHT TO BAIL 317. Many of us live with our familes incomfort and freedom, 318. not once were we locked against ourwill in a room crammed with strangers 319. and reeking with the foul smell ofdried sweat. 320. One of the great tragedies in life thatcould strike you is for you or a loved one to bedetained in any of these jails while the case against you or theloved one is being heard. 321. One of the great tragedies in life thatcould strike you is for you or a loved one to bedetained in any of these jails while the case against you or theloved one is being heard. 322. One of the great tragedies in life thatcould strike you is for you or a loved one to bedetained in any of these jails while the case against you or thatloved one is being heard. 323. Although those kept in detention jailsare presumed innocent, they suffer worse fate than convictedfelons in the penitentiary who enjoy larger living spaces,hospitals, libraries, basketball courts, gyms, craftworks,trades education, and psychological monitoring. 324. Although those kept in detention jailsare presumed innocent, they suffer worse fate than convictedfelons in the national penitentiary who enjoy larger living spaces,hospitals, libraries, basketball courts, gyms, craftworks,trades education, and psychological monitoring. 325. who enjoy larger living spaces 326. Hospitals. 327. Sports facilities 328. Recreation 329. Craftworks 330. Our detention jails, especially incities, are so deplorably congested that those awaiting trial in our courts exist in sub-human conditions: extremely poor ventilation andsanitation; widespread cases of boils, asthma,tuberculosis, depressions, and psychoticbehavior; and inadequate food. 331. Our detention jails, especially incities, are so deplorably congested that those awaiting trial in our courts exist in sub-human conditions: extremely poor ventilation andsanitation; widespread cases of boils, asthma,tuberculosis, depressions, and psychoticbehavior; and inadequate food. 332. Our detention jails, especially incities, are so deplorably congested that those awaiting trial in our courts exist in sub-human conditions: 333. extremely poor ventilation andsanitation 334. and widespread cases of boils,asthma, tuberculosis, depressions, andpsychotic behaviorand inadequatefood. 335. The detention of accused personsare meant to ensure attendance at trial, not punish them, yet delays in the hearing of theircases result in their incarceration under extremely deplorableconditions for 3 to 8 years or more, inviting a rightful concern from theInternational Committee of the Red Cross that our justice system has become aparty to the violation of the guarantees ofdue process and internationally set humaneconditions of detention. 336. The detention of accused personsare meant to ensure attendance at trial, not punish them, yet delays in the hearing of theircases result in their incarceration under extremely deplorableconditions for 3 to 8 years or more, inviting a rightful concern from theInternational Committee of the Red Cross that our justice system has become aparty to the violation of the guarantees ofdue process and internationally set humaneconditions of detention. 337. The detention of accused personsare meant to ensure attendance at trial, not punish them, yet delays in the hearing of theircases result in their incarceration under ex