Purpose of The Judicial Affidavit Rule
Purpose of The Judicial Affidavit Rule
Purpose of The Judicial Affidavit Rule
The rule compels the use of judicial affidavits in lieu of direct testimonies of witnesses to
reduce time needed for completing the testimonies of witnesses.
The rule applies to all actions, proceedings, and incidents requiring the reception of
evidence before the following:
1. Metropolitan Trial Courts
2. Municipal Trial Courts
3. Shari’a Trial Courts
4. Shari’a District Courts
5. Regional Trial Courts
6. Court of Appeals
7. Court of Tax Appeals
8. Sandiganbayan
9. Investigating bodies authorized by the SC to receive evidence, IBP
10. Special courts and quasi-judicial bodies whose rules of procedure are subject to
disapproval of the SC
Judicial affidavits must be filed with the courts and served with the adverse party
personally or by licensed courier service (registered mail, accredited courier, electronic
mail, facsimile transmission, other electronic means as authorized by the court) or as
provided for in international conventions to which the Philippines is a party.
When to file?
The judicial affidavit should be filed with the court and served to the adverse party not
later than 5 days before pre-trial or preliminary conference or the scheduled hearing
with respect to motions and incidents.
Object evidence are those addressed to the senses of the court. When an object is
relevant to the fact in issue, it may be exhibited, examined, and viewed by the court.
They are those that can be perceived by our five senses.
Yes, the witness can keep the documentary or object evidence provided that the same
has been marked identified, marked as exhibit, authenticated and warranted in his
judicial affidavit that the copy or reproduction attached is the faithful copy or
reproduction of the original.
Further, the witness must bring the original for comparison during preliminary
conference with the attached copy, reproduction, or pictures, else not admitted.
An original document is the document itself or any counterpart intended to have the
same effect by a person executing or issuing it.
1. When the document is lost or destroyed or cannot be produced without bad faith
on the part of offeror
2. When the document is in the possession of the adverse party and he fails to
produce it after reasonable notice, or the original cannot be obtained by local
judicial procedure and processes
3. When the original consists of numerous accounts and the examination of the
same cannot be made without great of time and the fact sought to be established
is only the general result of the whole
4. When the original is a public record and is in the custody or control of a public
officer and the same is recorded in a public office
5. When the original is not closely related to the controlling issue
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