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8/12/2019 Report (Judicial Affidavit Rule)
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8/12/2019 Report (Judicial Affidavit Rule)
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When is the Rule
effective?
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The Rule took effect on January 1, 2013.
However, in criminal cases without private
prosecutors, the Supreme Court allowed public
prosecutors in first- and second-level courts until
the end of 2013 to utilize the affidavits of thecomplainant and his witnesses prepared and
submitted in connection with the investigation
and filing of the Information in court. Publicprosecutors are required to fully comply with the
Rule by January 1, 2014.
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What are the reasons
for the issuance ofthe Rule?
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What is the scopeof application of
this rule?
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The applicability of this rule may refer to:
(a) the courts where the rule will apply;
(b) the kinds of cases or proceedings where the
rule will apply;
(c) the stage of the proceeding.
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all actions, proceedings, and incidents requiring
the reception of evidence.criminal cases in three situations, as follows: (1)
The maximum of the imposable penalty does
not exceed six years; (2) regardless of thepenalty involved, with respect to the civil aspect
of the actions, or (3) where the accused agrees
to the use of the Rule.
shall not apply to small claims cases underA.M. 08-8-7-SC.
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1. The Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial Courts,
the Municipal Circuit Trial Courts.
2. ShariaCircuit Courts, ShariaDistrict Courts and
the ShariaAppellate Courts.
3. Regional Trial Courts.
4. Sandiganbayan.
5. Court of Tax Appeals.
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6. Court of Appeals.
7. Investigating officers and bodies authorized by
the Supreme Court to receive evidence,
including the Integrated Bar of the Philippine
(IBP).
8. Special courts and quasi-judicial bodies, whose
rules of procedure are subject to disapproval of
the Supreme Court, insofar as their existing rulesof procedure contravene the provisions of this
Rule.
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The parties shall serve on the adverse party
and file with the court not later than five days
before pre-trial or preliminary conference or thescheduled hearing with respect to motions and
incidents.
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This is the only portion of the Rule thatprovides a separate provision for criminal cases,
veering from the simultaneous filing of judicial
affidavits by the parties. The general rule isreiterated, but this time applicable only to the
prosecution, to submit the judicial affidavits of
its witnesses not later than five days before the
pre-trial, serving copies of the same upon the
accused.
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The complainant or public prosecutor shall
attach to the affidavits such documentary or
object evidence as he may have, marking them
as Exhibits A, B, C and so on. No further judicialaffidavit, documentary, or object evidence shall
be admitted at the trial.
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If the accused, on the other hand, desires to
be heard on his defense after receipt of thejudicial affidavits of the prosecution, he shallhave the option to submit his judicial affidavit aswell as those of his witnesses to the court within
ten days from receipt of such affidavits and servea copy of each on the public and privateprosecutor, including his documentary and objectevidence previously marked as Exhibits 1, 2, 3,and so on. These affidavits shall serve as directtestimonies of the accused and his witnesseswhen they appear before the court to testify.
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1. The name, age, residence or business address,and occupation of the witness;
2. The name and address of the lawyer whoconducts or supervises the examination of thewitness and the place where the examination isbeing held;
3. A statement that the witness is answering the
questions asked of him, fully conscious that hedoes so under oath, and that he may facecriminal liability for false testimony or perjury;
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4. Questions asked of the witness and his
corresponding answers, consecutively
numbered, that:(i) Show the circumstances under which the
witness acquired the facts upon which he
testifies;(ii) Elicit from him those facts which are relevant to
the issues that the case presents; and
(iii) Identify the attached documentary and objectevidence and establish their authenticity in
accordance with the Rules of Court;
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5. The signature of the witness over his printed
name;
6. A jurat with the signature of the notary public
who administers the oath or an officer who is
authorized by law to administer the same.
7. Attestation of the lawyer.
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Offer of Testimony
Under this rule, it provides that party
presenting the judicial affidavit of his witness in
place of direct testimony shall state the purpose
of such testimony at the start of the
presentation of the witness. This provision, in
relation to the enumerated required contents ofan affidavit, means that the purpose is NOT
required to be indicated in the judicial affidavit
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How does the opposing party make
objections?
Objection to a witness may take the form of: (a)
a disqualification from testifying; or (b) to a
specific question raised. Under the Rules of
Court, objection to a question propounded inthe course of the oral examination of a
witness shall be made as soon as the grounds
therefor shall become reasonably apparent(Rule 132, Sec. 36).
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The adverse party may move to disqualify
the witness or to strike out his affidavit or any ofthe answers found in it on ground of
inadmissibility. The court shall promptly rule on
the motion and, if granted, shall cause themarking of any excluded answer by placing it in
brackets under the initials of an authorized court
personnel, without prejudice to a tender of
excluded evidence under Section 40 of Rule 132
of the Rules of Court.
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Documentary and Object Evidence
under the Judicial Affidavit Rule
How should the party presenting the witnessidentify and mark documentary evidence?
The partiesdocumentary or object evidence,if any, which shall be attached to the judicial
affidavits and marked as Exhibits A, B, C, and soon in the case of the complainant or the plaintiff,and as Exhibits 1, 2, 3, and so on in the case ofthe respondent or the defendant.
How can the party or witness keep
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How can the party or witness keep
the original of the documentary or
object evidence?
1. Attach the document or evidence to the
judicial affidavit of the witness/es.
2. Bring the original during the pre-trial or
preliminary conference.
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Cross-examination and Re-Direct Examinationunder the Judicial Affidavit Rule
The adverse party shall have the right tocross-examine the witness on his judicial affidavitand on the exhibits attached to the same. The
party who presents the witness may also examinehim as on re-direct. In every case, the court shalltake active part in examining the witness todetermine his credibility as well as the truth of his
testimony and to elicit the answers that it needsfor resolving the issues.
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Resort to subpoena under the
Judicial Affidavit Rule
There is no need for a judicial affidavit if thewitness is called to testify through a subpoena. Ifthe government employee or official, or therequested witness, unjustifiably declines toexecute a judicial affidavit or refuses withoutjust cause to make the relevant books,
documents, or other things under his controlavailable for copying, authentication, andeventual production in court,
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the requesting party may avail himself of the
issuance of a subpoena ad testificandum or
duces tecum under Rule 21 of the Rules of
Court. The rules governing the issuance of a
subpoena to the witness in this case shall be thesame as when taking his deposition except that
the taking of a judicial affidavit shall be
understood to be ex parte.
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Failure to file judicial affidavit
A party who fails to submit the requiredjudicial affidavits and exhibits on time shall be
deemed to have waived their submission. The
Rule allows for an exception, provided thefollowing requirements are present:
a. It must be with leave of court. The court has
the discretion whether to allow it.
b. The delay must be for a valid reason.
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c. It would not unduly prejudice the opposing
party.
d. The defaulting party pays a fine of not less
than P1,000.00 nor more than P5,000.00, at
the discretion of the court.
e. It is availed only once.
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Failure to comply with required contents
The court shall not admit as evidence judicial
affidavits that do not conform to the content
requirements of Section 3 and the attestation
requirement of Section 4 above.
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Absence during the scheduled trial date
The court shall not consider the affidavit of
any witness who fails to appear at the
scheduled hearing of the case as required.
Counsel who fails to appear without valid causedespite notice shall be deemed to have waived
his clients right to confront by cross-
examination the witnesses there present.
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