Republic of the PhilippinesSupreme Court

Office of the Court AdministrartorManila

OCA CIRCULAR NO. 146-2012

A l l J u s t i c e s o f t h e C o u r t o f A p p e a l s ,Sandiganbayan and Court of Tax Appeals, Judgesof the Trial Courts, the Invest igat ing Officers andB o d i e s A u t h o r i z e d b y t h e S u p r e m e C o u r t t oReceive Evidence, including the Integrated Bar ofthe Philippines and Arbiters of Special Courts andQuasi-Judicial Bodies whose Rules of Procedureare Subject to Disapproval of the Supreme Court,i nso fa r as the i r Ex is t ing Ru les o f P roceduresContravene the Provisions of this Rule.

SUBJECT: Suspension of the Implementat ion of the JudicialAffidavit Rule in Criminal Prosecutions

In a Resolution dated 4 September 2o12 in A.M. No. 12-8-8-SC, the Court En Banc issued and promulgated the JudicialAffidavit Rule to take effect on 1 January 2013 (Section 12) in allactions, proceedings, and incidents requiring the reception ofevidence before all the courts, as provided in Section 1 thereof.

Section 9 of the said Rule provides how it shall apply tocriminal actions.

However, the Prosecutors' League of the Philippines, in aletter dated 12 December 2012 addressed to the Honorable ChiefJustice and Associate Justices, has requested the deferment of theimplementation of the Judicial Affidavit Rule in criminal cases forat least one (1) year, pending the resolution of some issues raised.

On 21 December 2012, Associate Justices Diosdado M.Peralta, Lucas P. Bersamin and Roberto A. Abad met with theofficers of the Prosecutors' League of the Philippines. Thereafter,Justice Abad drafted a recorrimendation to the Court En Banc forthe deferment of the application of the Judicial Affidavit Rule forone (1) year from 1 January 2013 to 1 January 2o14 under certainconditions.

Considering that the Court En Banc will not meet until 8January 2o13, Justice Abad is of the considered view that it maybe more prudent for the justices, judges and arbiters concerned tosuspend the implementation of the Judicial Affidavit Rule incriminal cases and await the resolution of the Court En Banc onthe request of the Prosecutors' League of the Philippines.

December 27, 2012

. iVIARQUF_,Z"-C-durt Administrator