[ A.M. No.

12-8-8-SC, September 04, 2012 ]

JUDICIAL AFFIDAVIT UL!

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements; Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor; Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on ebruary !", !0"! the #upreme $ourt approved for piloting by trial courts in %ue&on $ity the compulsory use of judicial affidavits in place of the direct testimonies of witnesses; Whereas, it is reported that such piloting has 'uickly resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases; Whereas, the #upreme $ourt $ommittee on the (evision of the (ules of $ourt, headed by #enior )ssociate *ustice )ntonio +, $arpio, and the #ub-$ommittee on the (evision of the (ules on $ivil Procedure, headed by )ssociate *ustice (oberto ), )bad, have recommended for adoption a *udicial )ffidavit (ule that will replicate nationwide the success of the %ue&on $ity e-perience in the use of judicial affidavits; and Whereas, the #upreme $ourt .n /anc finds merit in the recommendation; N"#, T$! !F" !, the #upreme $ourt .n /anc hereby issues and promulgates the following0

#ection ", Scope, - 1a2 +his (ule shall apply to all actions, proceedings, and incidents re'uiring the reception of evidence before0 1"2 +he 3etropolitan +rial $ourts, the 3unicipal +rial $ourts in $ities, the 3unicipal +rial $ourts, the 3unicipal $ircuit +rial $ourts, and the #hari4a $ircuit $ourts but shall not apply to small claims cases under ),3, 05-5-6-#$;

1!2 +he (egional +rial $ourts and the #hari4a 7istrict $ourts;

182 +he #andiganbayan, the $ourt of +a- )ppeals, the $ourt of )ppeals, and the #hari4a )ppellate $ourts;

142 +he investigating officers and bodies authori&ed by the #upreme $ourt to receive evidence, including the 9ntegrated /ar of the Philippine 19/P2; and

1:2 +he special courts and 'uasi-judicial bodies, whose rules of procedure are subject to disapproval of the #upreme $ourt, insofar as their e-isting rules of procedure contravene the provisions of this (ule,;"< 1b2 or the purpose of brevity, the above courts, 'uasijudicial bodies, or investigating officers shall be uniformly referred to here as the =court,= #ec, !, Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies, - 1a2 +he parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pretrial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following0 1"2 +he judicial affidavits of their witnesses, which shall take the place of such witnesses direct testimonies; and

1!2 +he parties4 documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as .-hibits ), /, $, and so on in the case of the complainant or the plaintiff, and as .-hibits ", !, 8, and so on in the case of the respondent or the defendant, 1b2 #hould a party or a witness desire to keep the original document or object evidence in his possession, he may, after the same has been identified, marked as e-hibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original, 9n addition, the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted, #ec, 8, Contents of Judicial Affidavit, - ) judicial affidavit shall be prepared in the language known to the witness and, if not in .nglish or ilipino, accompanied by a translation in .nglish or ilipino, and shall contain the following0 1a2 +he name, age, residence or business address, and occupation of the witness; 1b2 +he name and address of the lawyer who conducts or supervises the e-amination of the witness and the place where the e-amination is being held; 1c2 ) statement that the witness is answering the 'uestions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury; 1d2 %uestions asked of the witness and his corresponding answers, consecutively numbered, that0 1"2 #how the circumstances under which the witness ac'uired the facts upon which he testifies; 1!2 .licit from him those facts which are relevant to the issues that the case presents; and 182 9dentify the attached documentary and object evidence and establish their authenticity in accordance with the (ules of $ourt; 1e2 +he signature of the witness over his printed name; and

1f2 ) jurat with the signature of the notary public who administers the oath or an officer who is authori&ed by law to administer the same, #ec, 4, Sworn attestation of the lawyer, - 1a2 +he judicial affidavit shall contain a sworn attestation at the end, e-ecuted by the lawyer who conducted or supervised the e-amination of the witness, to the effect that0 1"2 >e faithfully recorded or caused to be recorded the 'uestions he asked and the corresponding answers that the witness gave; and 1!2 ?either he nor any other person then present or assisting him coached the witness regarding the latter4s answers, 1b2 ) false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment, #ec, :, Subpoena. - 9f the government employee or official, or the re'uested witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to e-ecute a judicial affidavit or refuses without just cause to make the relevant books, documents, or other things under his control available for copying, authentication, and eventual production in court, the re'uesting party may avail himself of the issuance of a subpoena ad testificandum or duces tecum under (ule !" of the (ules of $ourt, +he rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition e-cept that the taking of a judicial affidavit shall be understood to be ex parte, #ec, @, Offer of and objections to testimony in judicial affidavit, +he 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, +he adverse party may move to dis'ualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility, +he court shall promptly rule on the motion and, if granted, shall cause the marking of any e-cluded answer by placing it in brackets under the initials of an authori&ed court personnel, without prejudice to a tender of e-cluded evidence under #ection 40 of (ule "8! of the (ules of $ourt,

#ec, 6, Examination of the witness on his judicial affidavit , +he adverse party shall have the right to cross-e-amine the witness on his judicial affidavit and on the e-hibits attached to the same, +he party who presents the witness may also e-amine him as on re-direct, 9n every case, the court shall take active part in e-amining the witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolving the issues, #ec, 5, Oral offer of and objections to exhibits , - 1a2 Apon the termination of the testimony of his last witness, a party shall immediately make an oral offer of evidence of his documentary or object e-hibits, piece by piece, in their chronological order, stating the purpose or purposes for which he offers the particular e-hibit, 1b2 )fter each piece of e-hibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that e-hibit, 1c2 #ince the documentary or object e-hibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that such e-hibits are simply cited by their markings during the offers, the objections, and the rulings, dispensing with the description of each e-hibit, #ec, B, Application of rule to criminal actions , - 1a2 +his rule shall apply to all criminal actions0 1"2 Chere the ma-imum of the imposable penalty does not e-ceed si- years; 1!2 Chere the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or 182 Cith respect to the civil aspect of the actions, whatever the penalties involved are, 1b2 +he prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies of the same upon the accused, +he complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have, marking them as .-hibits ), /, $ and so on, ?o further judicial affidavit, documentary, or object evidence shall be admitted at the trial,

1c2 9f the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object evidence previously marked as .-hibits ", !, 8, and so on, +hese affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify, #ec, "0, Effect of non compliance with the Judicial Affidavit !ule. - 1a2 ) party who fails to submit the re'uired judicial affidavits and e-hibits on time shall be deemed to have waived their submission, +he court may, however, allow only once the late submission of the same provided, the delay is for a valid reason, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than P",000,00 nor more than P:,000,00, at the discretion of the court, 1b2 +he court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as re'uired, $ounsel who fails to appear without valid cause despite notice shall be deemed to have waived his client4s right to confront by cross-e-amination the witnesses there present, 1c2 +he court shall not admit as evidence judicial affidavits that do not conform to the content re'uirements of #ection 8 and the attestation re'uirement of #ection 4 above, +he court may, however, allow only once the subse'uent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than Pl,000,00 nor more than P:,000,00, at the discretion of the court, #ec, "", !epeal or modification of inconsistent rules. - +he provisions of the (ules of $ourt and the rules of procedure governing investigating officers and bodies authori&ed by the #upreme $ourt to receive evidence are repealed or modified insofar as these are inconsistent with the provisions of this (ule,

+he rules of procedure governing 'uasi-judicial bodies inconsistent herewith are hereby disapproved, #ec, "!, Effectivity, +his rule shall take effect on *anuary ", !0"8 following its publication in two newspapers of general circulation not later than #eptember ":, !0"!, 9t shall also apply to e-isting cases, 3anila, #eptember 4, !0"!,

%S&'.( MA IA L"U D!S ). A. S! !N" $hief *ustice %S&'.( ANT"NI" T. CA )I" )ssociate *ustice %S&'.( ) !S*IT! " J. V!LASC", J . )ssociate *ustice %S&'.( T! !SITA J. L!"NA D"-D! CAST " )ssociate *ustice %S&'.( A TU " D. * I"N )ssociate *ustice %S&'.( DI"SDAD" M. )! ALTA )ssociate *ustice %S&'.( LUCAS ). *! SAMIN )ssociate *ustice %S&'.( MA IAN" C. D!L CASTILL" )ssociate *ustice %S&'.( "*! T" A. A*AD )ssociate *ustice %S&'.( MA TIN S. VILLA AMA, J . )ssociate *ustice %S&'.( J"S! ). )! !+ )ssociate *ustice %S&'.( J"S! C. M!ND"+A

)ssociate *ustice %S&'.( *I!NV!NID" L. !,!S )ssociate *ustice %S&'.( !ST!LA M. )! LAS-*! NA*! )ssociate *ustice

/y virtue of the #upreme $ourt4s authority under #ection : 1:2, )rticle D999, of the "B56 $onstitution to disapprove rules of procedure of special courts and 'uasi-judicial bodies, +his is without prejudice to the introduction of secondary evidence in place of the original when allowed by e-isting rules,
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Supreme Court E "ibrary

EFFECTIVITY AND PURPOSE OF THE JUDICIAL AFFIDAVIT RULE

[This is Part 2 of 11 of the is!"ssio# o# the Judicial Affidavit Rule$ so rea the I#tro "!tio# first% See f"&& te't of A()( No( 12*+*+*SC$ a,,ro-i#. the J" i!ia& Affi a-it R"&e/ The J" i!ia& Affi a-it R"&e re0"ires that ire!t e'a1i#atio# of a 2it#ess$ 2hi!h is the e'a1i#atio#* i#*!hief of a 2it#ess 34 the ,art4 ,rese#ti#. hi1 o#

the fa!ts re&e-a#t to the iss"e$ sha&& 3e i# the for1 of 5" i!ia& affi a-its$ s"35e!t to the "s"a& 1o e of !ross* e'a1i#atio#(

When is the Rule effective?

The R"&e too6 effe!t o# 1 Ja#"ar4 2718( Ho2e-er$ i# !ri1i#a& !ases 2itho"t ,ri-ate ,rose!"tors$ the S",re1e Co"rt a&&o2e ,"3&i! ,rose!"tors i# first* a# se!o# *&e-e& !o"rts "#ti& the e# of 2718 to "ti&i9e the affi a-its of the !o1,&ai#a#t a# his 2it#esses ,re,are a# s"31itte i# !o##e!tio# 2ith the i#-esti.atio# a# fi&i#. of the I#for1atio# i# !o"rt( P"3&i! ,rose!"tors are re0"ire to f"&&4 !o1,&4 2ith the R"&e 34 1 Ja#"ar4 271:( D"ri#. the o#e*4ear ,erio 2he# the !o#!essio# is i# effe!t$ the atte# i#. ,"3&i! ,rose!"tor$ ",o# ,rese#ti#. the 2it#ess$ sha&& re0"ire the 2it#ess to affir1 2hat the s2or# state1e#t !o#tai#s a# 1a4 o#&4 as6 the 2it#ess a itio#a& ire!t e'a1i#atio# 0"estio#s that ha-e #ot 3ee# a1,&4 !o-ere 34 the s2or# state1e#t( The !o#!essio# oes #ot a,,&4 i# !ri1i#a& !ases 2here the ,ri-ate !o1,&ai#a#t is re,rese#te 34 a "&4 e1,o2ere ,ri-ate ,rose!"tor$ 2ho has the o3&i.atio# to !o1,&4 2ith the R"&e(

The reasons for the issuance of the Rule

Case !o#.estio# a# e&a4s ,&a."e 1ost !o"rts i# !ities$ .i-e# the h".e -o&"1e of !ases fi&e ea!h 4ear a# the s&o2 a# !"13erso1e a -ersaria& s4ste1 that the 5" i!iar4 has i# ,&a!e( A3o"t :7; of !ri1i#a& !ases are is1isse a##"a&&4 o2i#. to the fa!t that !o1,&ai#a#ts si1,&4 .i-e ", !o1i#. to !o"rt after re,eate ,ost,o#e1e#ts( Fe2 forei.# 3"si#ess1e# 1a6e &o#.*ter1 i#-est1e#ts i# the Phi&i,,i#es

3e!a"se its !o"rts are "#a3&e to ,ro-i e a1,&e a# s,ee 4 ,rote!tio# to their i#-est1e#ts$ 6ee,i#. its ,eo,&e ,oor( I# or er to re "!e the ti1e #ee e for !o1,&eti#. the testi1o#ies of 2it#esses i# !ases "# er &iti.atio#$ o# 21 Fe3r"ar4 2712 the S",re1e Co"rt a,,ro-e for ,i&oti#. 34 tria& !o"rts i# <"e9o# Cit4 the !o1,"&sor4 "se of 5" i!ia& affi a-its i# ,&a!e of the ire!t testi1o#ies of 2it#esses( It is re,orte that s"!h ,i&oti#. has 0"i!6&4 res"&te i# re "!i#. 34 a3o"t t2o*thir s the ti1e "se for ,rese#ti#. the testi1o#ies of 2it#esses$ th"s s,ee i#. ", the heari#. a# a 5" i!atio# of !ases( The a o,tio# of the R"&e ho,es to re,&i!ate #atio#2i e the s"!!ess of the <"e9o# Cit4 e',erie#!e i# the "se of 5" i!ia& affi a-its( These reaso#s for the iss"a#!e of the J" i!ia& Affi a-it R"&e are !o#tai#e i# the 2hereas !&a"ses of A()( No( 12*+*+*SC(

SCOPE OF APPLICATION OF THE JUDICIAL AFFIDAVIT RULE

[This is Part 8 of 11 of the is!"ssio# o# the Judicial Affidavit Rule$ so rea the I#tro "!tio# first% See f"&& te't of A()( No( 12*+*+*SC$ a,,ro-i#. the J" i!ia& Affi a-it R"&e/

What is the scope of application of this rule?

The a,,&i!a3i&it4 of this r"&e 1a4 refer to= >a? the !o"rts 2here the r"&e 2i&& a,,&4% >3? the 6i# s of !ases or ,ro!ee i#.s 2here the r"&e 2i&& a,,&4% >!? the sta.e of the ,ro!ee i#.(

Type of cases
This R"&e sha&& a,,&4 to a&& a!tio#s$ ,ro!ee i#.s$ a# i#!i e#ts re0"iri#. the re!e,tio# of e-i e#!e( Ho2e-er$ the R"&e sha&& #ot a,,&4 to s1a&& !&ai1s !ases "# er A()( 7+*+*@*SC( The R"&e 1a4 a,,&4 to !ri1i#a& !ases i# three sit"atio#s$ as fo&&o2s= >1? The 1a'i1"1 of the i1,osa3&e ,e#a&t4 oes #ot e'!ee si' 4ears% >2? re.ar &ess of the ,e#a&t4 i#-o&-e $ 2ith res,e!t to the !i-i& as,e!t of the a!tio#s$ or 2here the a!!"se a.rees to the "se of the R"&e(

Courts where the Rule are applicable

1( The )etro,o&ita# Tria& Co"rts$ the )"#i!i,a& Tria& Co"rts i# Cities$ the )"#i!i,a& Tria& Co"rts$ the )"#i!i,a& Cir!"it Tria& Co"rts( 2( Sharia Cir!"it Co"rts$ Sharia Distri!t Co"rts a# the Sharia A,,e&&ate Co"rts( 8( Re.io#a& Tria& Co"rts( :( Sa# i.a#3a4a#( A( Co"rt of Ta' A,,ea&s( B( Co"rt of A,,ea&s(

@( I#-esti.ati#. offi!ers a# 3o ies a"thori9e 34 the S",re1e Co"rt to re!ei-e e-i e#!e$ i#!&" i#. the I#te.rate Car of the Phi&i,,i#e >ICP?( +( S,e!ia& !o"rts a# 0"asi*5" i!ia& 3o ies$ 2hose r"&es of ,ro!e "re are s"35e!t to isa,,ro-a& of the S",re1e Co"rt$ i#sofar as their e'isti#. r"&es of ,ro!e "re !o#tra-e#e the ,ro-isio#s of this R"&e(

SERVICE AND FILIND OF THE JUDICIAL AFFIDAVIT

[This is Part : of 11 of the is!"ssio# o# the Judicial Affidavit Rule$ so rea the I#tro "!tio# first% See f"&& te't of A()( No( 12*+*+*SC$ a,,ro-i#. the J" i!ia& Affi a-it R"&e/ The ,arties sha&& ser-e o# the a -erse ,art4 a# fi&e 2ith the !o"rt #ot &ater tha# fi-e a4s 3efore ,re*tria& or ,re&i1i#ar4 !o#fere#!e or the s!he "&e heari#. 2ith res,e!t to 1otio#s a# i#!i e#ts( This R"&e a1e# s the e'isti#. 1i#i1"1 ,erio $ 2hi!h is three a4s$ for the ser-i!e a# fi&i#. of the ,re*tria& 3rief( U# er the #e2 R"&e$ !o#si eri#. that the 5" i!ia& affi a-it 1"st 3e atta!he to the ,re*tria& 3rief$ the &atter 1"st 3e ser-e a# fi&e 2ithi# fi-e a4s(

Service and filing of the judicial affidavit in criminal cases

This is the o#&4 ,ortio# of the R"&e that ,ro-i es a se,arate ,ro-isio# for !ri1i#a& !ases$ -eeri#. fro1 the

si1"&ta#eo"s fi&i#. of 5" i!ia& affi a-its 34 the ,arties( The .e#era& r"&e is reiterate $ 3"t this ti1e a,,&i!a3&e o#&4 to the ,rose!"tio#$ to s"31it the 5" i!ia& affi a-its of its 2it#esses #ot &ater tha# fi-e a4s 3efore the ,re*tria&$ ser-i#. !o,ies of the sa1e ",o# the a!!"se ( The !o1,&ai#a#t or ,"3&i! ,rose!"tor sha&& atta!h to the affi a-its s"!h o!"1e#tar4 or o35e!t e-i e#!e as he 1a4 ha-e$ 1ar6i#. the1 as E'hi3its A$ C$ C a# so o#( No f"rther 5" i!ia& affi a-it$ o!"1e#tar4$ or o35e!t e-i e#!e sha&& 3e a 1itte at the tria&( If the a!!"se $ o# the other ha# $ esires to 3e hear o# his efe#se after re!ei,t of the 5" i!ia& affi a-its of the ,rose!"tio#$ he sha&& ha-e the o,tio# to s"31it his 5" i!ia& affi a-it as 2e&& as those of his 2it#esses to the !o"rt 2ithi# te# a4s fro1 re!ei,t of s"!h affi a-its a# ser-e a !o,4 of ea!h o# the ,"3&i! a# ,ri-ate ,rose!"tor$ i#!&" i#. his o!"1e#tar4 a# o35e!t e-i e#!e ,re-io"s&4 1ar6e as E'hi3its 1$ 2$ 8$ a# so o#( These affi a-its sha&& ser-e as ire!t testi1o#ies of the a!!"se a# his 2it#esses 2he# the4 a,,ear 3efore the !o"rt to testif4( It is i#teresti#. to #ote that o#&4 the ,ara.ra,h a,,&i!a3&e to the ,rose!"tio# !o#tai#s the ,ro-isio# that= No f"rther 5" i!ia& affi a-it$ o!"1e#tar4$ or o35e!t e-i e#!e sha&& 3e a 1itte at the tria&( Does this 1ea# that the a!!"se is !o-ere 34 the .e#era& r"&e$ 2hi!h a&&o2s the &ate fi&i#. of the affi a-itE

ow is the service!filing done?

The R"&e s,e!ifies o#&4 t2o 1a##ers of ser-i!e or fi&i#. of the affi a-it= 34 ,erso#a& ser-i!e or 34 &i!e#se !o"rier ser-i!e( It is i#teresti#. that there is #o e',ress 1e#tio# of re.istere 1ai& a# it is &o.i!a& that the ter1 !o"rier ser-i!e oes #ot refer to$ a# oes #ot i#!&" e$ re.istere 1ai&( The ,"r,ose

of the R"&e is to e',e ite !ases a# there !a# 3e #o re&ia#!e o# the ,res"1,ti-e re!ei,t 34 reaso# of re.istere 1ai&( There is #o o-erri i#. reaso# 2h4 re.istere 1ai& sho"& 3e re1o-e as a 1a##er of ser-i!eFfi&i#.( A ,art4 !o"& se# the 5" i!ia& affi a-it 2a4 i# a -a#!e 34 re.istere 1ai&( It is the ,art4s &oo6o"t if the other ,art4 or !o"rt i# ee re!ei-e the 5" i!ia& affi a-it 2ithi# the ,res!ri3e ,erio ( A#other 1i#or iss"e is 2he# is a !o"rier ser-i!e !o#si ere &i!e#se E The r"&e is #ot !&ear 2hether a se,arate &i!e#se or a!!re itatio# for !o"rier ser-i!e ,ro-i ers o# to, of the SEC re.istratio#( It a,,ears that other tha# the "s"a& .o-er#1e#t re.istratio#$ there is #o #ee for se,arate S",re1e Co"rt a!!re itatio#( These iss"es !a# 3e is,e#se 2ith 34 e&eti#. the ,ortio# ,ro-i i#. for ,erso#a& ser-i!e or 34 !o"rier( This is s"r,&"sa.e( The i#te#t of the R"&e is to ENSURE re!ei,t of the 5" i!ia& affi a-it 34 the !o"rt a# other ,art4 at &east fi-e a4s 3efore the ,re*tria& or heari#.$ a# the R"&e !a# si1,&4 so ,ro-i e$ 5"st &i6e i# ,re*tria& r"&es(

Can you submit amended or supplemental affidavits?

There 1a4 3e i#sta#!es 2he# it is #e!essar4 to e'e!"te a s",,&e1e#ta& or a1e# e affi a-it$ &i6e i# the !ase of #e2&4* is!o-ere e-i e#!e( Is this a&&o2e a# $ if so$ ho2 sho"& it 3e o#eE